BOARD DATE:	  31 May 2012

		DOCKET NUMBER:  AR20110023162 


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 her enlistment bonus. 

2.  The applicant states she was discharged from active duty.  She went to a counselor who offered her a good enlistment bonus and to take time off her Individual Ready Reserve (IRR) service.  She only signed the contract because of the enlistment bonus.  She went to her Reserve unit and applied for the bonus but her request was rejected.  She was told she had no choice and she had to stay in the U.S. Army Reserve (USAR) and serve her time without the enlistment bonus she was promised.  She also went to the Office of the Inspector General (IG) but nothing happened.  Her commander refused to do an exception to policy. She believes it is unfair because she has a written contract with an enlistment bonus and a bonus control number and she still cannot receive the bonus.  She wants to continue her military career by either going warrant or entering another program.

3.  The applicant provides:

* USAR Form 26-R (Pay Document - Transmittal Letter)
* USAR Form 23-R (Selected Reserve Incentive [Program] (SRIP) Adjustment Certification Worksheet)
* DD Forms 214 (Certificate of Release or Discharge from Active Duty) for the period ending 22 August 2007 and 20 January 2009
* DA Form 5691-R (Request for Reserve Component Assignment Orders)
* 
DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) and allied document

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR for 8 year on 3 April 2006.  

2.  She entered active duty for training (ADT) on 18 June 2007 and she successfully completed the required training for military occupational specialty (MOS) 92Y.  She was released from ADT to the control of the USAR on 22 August 2007.

3.  She was honorably discharged from the USAR on 5 March 2008 for the purpose of enlisting in the Regular Army (RA).  At the time of discharge, she completed 1 year and 9 months of her 3-year commitment.

4.  She enlisted in the Regular Army and entered active duty on 6 March 2008.  She was assigned to the 17th Fires Brigade, Fort Lewis, WA.

5.  On 11 December 2008, she submitted a request for voluntary separation due to pregnancy/childbirth.  Accordingly, she was honorably released from active duty on 20 January 2009.  She was transferred to a troop program unit (TPU) of the USAR (841st Engineer Battalion, Miami, FL) to complete her remaining service obligation.

6.  On 12 January 2009, prior to her release from active duty, she submitted a DA Form 5691-R wherein she indicated she was enlisting for the USAR for assignment into the 841st Engineer Battalion, in MOS 92Y, vacancy control number "4XXXXX9." 

7.  In connection with this enlistment, she completed a DA Form 3540-R (Certificate of Acknowledgement of USAR Service Requirements and Methods of Fulfillment) wherein she stated she enlisted for assignment to the 841st Combat Engineer Battalion, Miami, FL, in MOS 92Y.  She was issued a USAR Vacancy Control Number: "4XXXXX9." 

8.  She also completed a DA Form 5261-5-R (USAR Prior Service Enlistment Bonus (PSEB) Addendum) wherein she indicated she was enlisting/reenlisting for 3 years with a bonus amount of $7,500.00 in accordance with the USAR SRIP List.  Bonus payment would be received upon providing proof of contract and qualification at time of request for payment.  She and a recruiting official authenticated this form by placing their signatures in the appropriate blocks.  

9.  During the processing of this case, on 4 January 2012 an advisory opinion was received from the Senior Army Reserve Center counselor, Office of the Deputy Chief of Staff, G-1.  The advisory official recommended approval of the applicant's request.  The advisory official stated that after a careful review, at the time of her transfer to the USAR, the SRIP List that was in place for Fiscal Year 2009 (FY09) was a temporary extension of the second half of the FY08 list that was still enforceable until March 2009.  She signed her USAR contract on 12 January 2009 and at the time she was eligible for the Prior Service Enlistment Bonus.

10.  On 7 January 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond. 

11.  Memorandum, subject:  Army Reserve FY08 2nd Half Reserve SRIP Policy Guidance for 1 April through 30 September 2008, issued by the Office of the Chief, Army Reserve, dated 26 March 2008, authorized selected enlistment/
reenlistment incentives.  It stated in paragraph 3(c) that the Prior Service Enlistment Bonus rates are $15,000.00 for a 6-year commitment and $7,500.00 for a 3-year commitment.

12.  Memorandum, subject:  Temporary Extension of 2nd Half SRIP List, issued by Headquarters, U.S. Army Reserve Command, dated 30 September 2008, stated that effective 1 October 2008, the 2nd Half FY08 SRIP List is extended until further notice with the following changes:

* Reenlistment bonus will be paid on the effective date of the contract instead of the execution date
* Career reenlistments will be paid in installments; lump sum payments are not an option

DISCUSSION AND CONCLUSIONS:

1.  In connection with her release from active duty in January 2009, the applicant submitted a DA Form 5691-R wherein she indicated she was enlisting for the USAR for assignment into the 841st Combat Engineer Battalion, in MOS 92Y.  She also completed a DA Form 3540-R wherein she stated she enlisted for assignment to the 841st Combat Engineer Battalion, Miami, FL, in MOS 92Y. She was issued a USAR Vacancy Control Number: "4XXXXX9." 

2.  She also completed a DA Form 5261-5-R wherein she indicated she was enlisting/reenlisting for 3 years with a bonus amount of $7,500.00 in accordance with the USAR SRIP List.  Bonus payment would be received upon providing proof of contract and qualification at time of request for payment.  She and a recruiting official authenticated this form by placing their signatures in the appropriate blocks.  

3.  At the time of her transfer to the USAR, the SRIP List that was in place for FY09 was a temporary extension of the second half of the FY08 list that was still enforceable until March 2009.  She signed her USAR contract on 12 January 2009 and at the time she was eligible for the Prior Service Enlistment Bonus.  Therefore, she should be entitled to payment of the bonus.

BOARD VOTE:

___x___  ___x_____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that 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:

* showing entitlement to a PSEB in the amount of $7,500 based on MOS 92Y
* paying her a $7,500 PSEB



      __________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)                                         AR20110023162



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ABCMR Record of Proceedings (cont)                                         AR20110023162



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