IN THE CASE OF:	  

		BOARD DATE:	    22 May 2012

		DOCKET NUMBER:  AR20110020440 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests payment of the Prior Service Selective Reenlistment Bonus (PSSRB)) he was guaranteed in conjunction with his 28 October 2004 Enlistment Contract (DD Form 4 (Enlistment/Reenlistment Document)).

2.  He states he submitted his paperwork for payment of the PSSRB during the last year of his enlistment.  His enlistment contract authorized the bonus but the Defense Finance and Accounting Service (DFAS) refused to pay it.

3.  The applicant provides:

* DD Form 4, dated 28 October 2004
* DA Form 4789 (Statement of Entitlement to SRB)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States) 
* Track Vehicle Repairer Course Diploma
* orders awarding military occupational specialty (MOS) 63H (Track Vehicle Repairer)
* Military Entrance Processing Station Orders 4302003
* Statement of Understanding for Applicants with Prior Service
* Statement of Enlistment

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His record shows he served in the Army National Guard (ARNG) from 7 June 1994 to 4 November 1996 at which time he was separated to allow his enlistment in the Regular Army (RA).  On 5 November 1996, he enlisted in the RA for a period of 4 years.

3.  U.S. Army Garrison, Aberdeen Proving Ground Orders 344-237, dated 9 December 1996, awarded him the MOS of 63H.

4.  He was honorably released from active duty on 4 November 2000.  He completed 4 years of creditable active service during this period.

5.  He enlisted in the ARNG effective 5 November 2000 and served in the ARNG until 27 October 2004, at which time he was separated for enlistment in the RA.

6.  On 28 October 2004, he enlisted in the RA in pay grade E-4 for a period of 3 years and 2 weeks.

   a.  A DA Form 4789, dated 2 November 2004, shows he was authorized an SRB in return for his enlistment in MOS 63H for a period of 3 years and 2 weeks.
   
   b.  A DD Form 1966/4 shows he enlisted for a PSSRB in accordance with Headquarters, Department of the Army (HQDA) Message Number 09-20-04, dated 201000 September 2004.
   
   c.  A Statement of Understanding and a Statement for Enlistment contain a record of the contractual obligations, guarantees, and annexes to the enlistment contract prepared on the applicant during his reenlistment processing confirm he was enlisting for the PSSRB.  There is no bonus amount shown in paragraph 1a of either of these two documents.  The applicant and the recruiting guidance counselor authenticated these documents with their signatures on 23 June 2005.
   
7.  His Enlisted Record Brief shows he was assigned to 63H MOS positions during this period of active duty.
8.  His DD Form 214 for this period shows he was honorably discharged on 27 April 2008.  He enlisted in an ARNG unit.  This form shows he completed 3 years and 6 months of active service during this period. 

9.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, DA, Office of the Deputy Chief of Staff (DCS), G-1.

   a.  The advisory official recommended the applicant be granted relief and payment of a $3,000 PSSRB.
   
   b.  The official stated the applicant's contract upon entering active duty, on 28 October 2004, showed that he was to be paid an unspecified amount for a PSSRB for MOS 63H.  HQDA enlisted incentives message, dated 2 August 2004, verifies that a $3,000 bonus existed for MOS 63H for a 3-year enlistment period.
   
   c.  The official stated the applicant contended he had never been paid for this bonus.  An inquiry with DFAS verified the applicant was not paid a PSSRB during his 2004-2008 period of enlistment.

10. The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He concurred with the advisory opinion.

11.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes policies and instruction on administration of the Enlistment Bonus Program.  The incentive prescribed for a selected MOS will be announced by message from DCS, G–1.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, SRB incentives guaranteed in an enlistment contract are authorized by policy messages released by the DA G-1.

2.  A DD Form 1966 verifies he was authorized a PSSRB in conjunction with this enlistment of 28 October 2004.  The Statement of Understanding and Statement for Enlistment also confirm he was guaranteed the PSSRB.  These enlistment contract documents were authenticated by the guidance counselor, on 28 October 2004, the date the applicant enlisted and reentered active duty.  However, there is no bonus amount shown in paragraph 1a of either of these two statement documents.

3.  The advisory official stated that at the time of the applicant's enlistment the Army was offering a $3,000 PSSRB for MOS 63H.  Evidence indicates he met the requirements of the PSSRB.  However, for an unknown reason he was not paid for this bonus.  As such, it would be appropriate to honor the commitment made to the applicant in his enlistment contract and to pay him the PSSRB he was promised.  Payment of this incentive should be made by DFAS in the appropriate amount and manner.  

BOARD VOTE:

___X____  ___X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending paragraph 1a of his Statement of Understanding and of the Statement for Enlistment completed in conjunction with his 28 October 2004 enlistment to show he was entitled to a $3,000 PSSRB.

2.  That DFAS provide the applicant payment for the $3,000 bonus to which he remains entitled in the appropriate manner in accordance with the terms of his enlistment contract.  




      __________X_________
                 CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont)                                         AR20110020440



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ABCMR Record of Proceedings (cont)                                         AR20110020440



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