IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120001990
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, in effect, full payment of a $10,000 prior-service enlistment bonus (PSEB).
2. He states he has a legally-binding contract for a $10,000 PSEB that is not being honored. He indicates that in January 2012 he completed the 3-year service requirement thereby earning the full amount of the bonus. He has attempted in vain to resolve the problem through his chain of command.
3. He provides:
* a letter to a Member of Congress from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, U.S. Army Reserve Command (USARC)
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 19 February 2004
* a Certificate and Acknowledgement U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment
* three DA Forms 1059 (Service School Academic Evaluation Report)
* his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* orders
* a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* a portion of a DD Form 1966 (Record of Military Processing Armed Forces of the United States)
* e-mail correspondence
* a Selected Reserve Incentive Program USAR PSEB Addendum
CONSIDERATION OF EVIDENCE:
1. Following service in the Army National Guard and USAR and a break in service, on 20 January 2010 the applicant enlisted in the USAR for 3 years and training in military occupational specialty (MOS) 68W (Healthcare Specialist).
2. The DD Form 1966 completed during his enlistment processing shows in Section VI (Remarks) he was authorized a cash bonus of $10,000.
3. He also signed a Selected Reserve Incentive Program (SRIP) USAR PSEB Addendum during his enlistment processing. In Section V (Entitlement) of the addendum, he verified he was enlisting for 3 years and a bonus in the amount of $10,000. The addendum states an initial payment of 50 percent (%) would be paid upon award of the MOS and based on his 3-year enlistment, the remaining 50% would be paid at the end of his second year of satisfactory service in a USAR Selected Reserve unit.
4. A DA Form 1059 (Service School Academic Evaluation Report) shows he successfully completed training for MOS 68W on 19 December 2010.
5. On 21 September 2011, the U.S. Army Human Resources Command, Fort Knox, KY, issued Orders B-09-106423 awarding him MOS 68W effective 19 December 2010. He is currently serving in that MOS in a USAR Selected Reserve unit.
6. He provides a letter, dated 2 December 2011, sent to his Member of Congress by the Deputy Director, Deputy Chief of Staff, G-1, USARC. The Deputy Director stated the applicant was not eligible to receive a PSEB in the amount of $10,000 because public law authorizes a maximum of $7,500. The Deputy Director confirmed he was eligible for the $7,500 bonus.
7. Title 37, U.S. Code, section 308i, states, in part, a person who is a former enlisted member of an armed force who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of 3 or 6 years in a critical military skill designated for a bonus by the Secretary concerned may be paid a bonus in the amount of $15,000 for a 6-year enlistment or $7,500 for a 3-year enlistment.
8. In its 2007 decision in Greene v. United States, the U.S. Court of Federal Claims reiterated the rule that "common-law rules governing private contracts have no place in the area of military pay." The Court further states "This is true even though a recruiter and recruit may each sign an enlistment contract agreeing to its contents. Only statutes, not contracts, govern entitlement to compensation."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record shows the applicant contracted to serve in the USAR for a period of 3 years and to be paid a bonus of $10,000 provided he successfully completed training in MOS 68W and completed the contracted term of service. Unfortunately, the official who prepared his contract erroneously entered a PSEB amount that exceeded the $7,500 limit established by law.
2. A USARC official has confirmed his eligibility for a $7,500 bonus, which by law is the most he can be paid under the terms of his PSEB contract.
3. In view of the foregoing, there is no basis for granting the requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
______ _ __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.
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