IN THE CASE OF:	  

		BOARD DATE:  6 November 2012

		DOCKET NUMBER:  AR20120014831 


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, that his incentive option of reenlisting for a Selective Reenlistment Bonus (SRB) be honored.

2.  He states, on 7 February 2008, while assigned to Guantanamo Bay, Cuba, he reenlisted for the station of choice and the bonus incentive options.  His commitment was for a period of 6 years.  He has submitted numerous inquiries over the last 4 years seeking resolution to his problem.  He recently discovered that due to an Army Career Counselor error, he did not receive the bonus incentive.

3.  He adds that he is considered ineligible because he received an "A" zone Broken Service Selective Reenlistment Bonus (BSSRB) when he enlisted in the Regular Army (RA) from the U.S. Marine Corps (USMC) in 2006.  He is seeking some type of compensation for the commitment he made in 2008.

4.  The applicant believes nonpayment of the SRB to be unjust.  He served honorably and made a commitment to continue his service with the expectation of receiving a bonus incentive.  He was told by the Army G-1 he had until 
15 August 2012 to decide if he wanted to request separation under the provisions of paragraph 7-16 (Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) for a defective or unfulfilled contract. 



5.  He provides:

* DA Forms 3286 (Statement for Enlistment – U.S. Army Enlistment Program), dated 29 March 2006 and 7 February 2008
* DA Form 3340-R (Request for Reenlistment or Extension in the RA)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 7 February 2008
* DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus)
* Email, dated 15 and 16 April 2008
* three memoranda 
* DA Form 2823 (Sworn Statement), dated 1 June 2012
* Military Personnel (MilPer) Message Number 05-152 (BSSRB Program)

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.  After having prior enlisted service in the USMC he enlisted in the RA on 
28 March 2006.  He provided a DA Form 3286, dated 29 March 2006, which shows he enlisted for station of choice and the BSSRB.  

3.  After completion of training, he was awarded military occupational specialty (MOS) 31E (Corrections Specialist).  He is currently serving on active duty in the rank of staff sergeant/E-6.  

4.  On 7 February 2008, he reenlisted for station of choice and for an SRB – "A" zone bonus in MOS 31E for a period of 3 years.  Item 8b(2) (Remarks) of his 
DD Form 4 for this period shows it was his first reenlistment and he was authorized a lump sum payment in accordance with paragraph 5 of MilPer Message 07-344.

5.  He also provided a DA Form 4789 and DA Form 3286, both dated 7 February 2008.  

	a.  The DA Form 3286 shows he reenlisted for a period of 6 years in MOS 31E for station of choice.  This form also includes the following statement in Part I (General Statement of Understanding) 1c:  "Should I make any material omission or misstatement of fact in connection with any of my enlistment documents; (1)  I may be subject to early separation from this enlistment, or (2)  I will complete, if permitted, the period for which I enlisted in any assignment deemed appropriate in accordance with the needs of the Army."

	b.  The SRB is not listed on this form.  The DA Form 4789 shows the applicant and the reenlistment officer both signed this form and there is no monetary amount listed.  

6.  The applicant provided a copy of an email transmission which occurred on 
15 and 16 April 2008.  

   a.  This dialogue shows his reenlistment noncommissioned officer, at the time, asked the senior Army Career Counselor if the applicant's 2008 contract could be voided because he received a bonus when he initially enlisted in 2006.  
   
   b.  The Army Career Counselor responded by stating there was no such thing as a "voided" contract.  The applicant reenlisted for the station of choice option; however, he failed to tell the Army Career Counselor about his 2006 contract in which he received a BSSRB.  If they had known this at the time, they would have informed him he was not eligible for an SRB. 
   
7.  He provided two memoranda showing he requested an exception to policy to receive payment of the SRB on two separate occasions in 2012.  Both requests were disapproved.

8.  The applicant also submitted a DA Form 2823, dated 1 June 2012, in which he explains his efforts to obtain the SRB he contracted for in February 2008. 

9.  During the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Career Systems Division, Office of the Deputy Chief of Staff, Army G-1.  

	a.  G-1 did not recommend administrative relief for the applicant and stated Soldiers are not authorized to receive two bonuses in the same zone in accordance with Department of Defense Instruction (DODI) 1304.29, dated 
15 December 2004.  Payment of the requested bonus would result in the applicant receiving two "A" zone SRBs.  

	b.  He received the benefits of an "A" zone SRB from the contract executed on 28 March 2006.  He reenlisted on 7 February 2008 and the SRB for MOS 31E expired on 15 March 2008.  Even if he had waited until he was eligible to receive a "B" zone bonus, he would not have been eligible to receive a bonus for MOS 31E.  

	c.  In such situations the proper procedure is to process the Soldier under the provisions of Army Regulation 635-200, paragraph 7-16 for defective or unfulfilled enlistment or reenlistment agreements.  The applicant was given the opportunity through his chain of command to request separation under these provisions no later than 15 August 2012.  However, the applicant did not choose this course of action and his 7 February 2008 contract will be corrected to reflect "No Bonus Entitlement" in item 8b(2) 

10.  He was provided a copy of the advisory opinion on 25 September 2012 for rebuttal and/or response.  He did not respond. 

11.  Department of Defense Instruction (DODI) 1304.29 dated 15 December 2004 prescribes the administration of the SRB.  It states, in part, to be eligible to receive a zone "A" SRB, service members must not have received an "A" zone SRB in the past.  Members with exactly 6 years of active service on the date of reenlistment or the beginning of an extension of enlistment may be paid an "A" zone bonus if otherwise eligible and if they have not previously received an "A" zone bonus.  If they have received an "A" zone bonus or if no "A" zone bonus is designated, then they may be paid a "B" zone bonus if otherwise eligible.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to payment of the SRB has been noted and appears to lack merit.

2.  The available evidence suggests he committed to an SRB in MOS 31E in his 7 February 2008 reenlistment contract.   However, for reasons that are not present in the available records, he was allowed to enter into a contract for which he was not eligible because of receipt of a previous "A" zone SRB.  The DA Form 3286 shows he acknowledged that should he make any material omission or misstatement of fact in connection with any of his enlistment documents he may be subject to early separation.  The April 2008 email indicates he failed to tell the Career Counselor about his prior BSSRB. 

3.  The Army G-1 opined that he had a defective reenlistment contract and he could request separation from the service under the provisions of Army Regulation 635-200 for a defective contract.  He chose not to separate and states he has made a commitment to continue to serve his country with the expectation of receiving the SRB.  

4.  DODI 1304.29 prohibits the payment of two "A" zone SRBs.  Based on the date of his reenlistment, he was outside of the period of eligibility for receipt of a "B" zone SRB and even if he had waited to reenlist, MOS 31E was no longer on the list to receive an SRB.  

5.  Therefore, in the absence of evidence to show otherwise, it does not appear that he is eligible to receive an SRB of any type.

6.  In view of the foregoing, there is no evidentiary basis for granting the applicant's 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.

ABCMR Record of Proceedings (cont)                                         AR20120014831



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ABCMR Record of Proceedings (cont)                                         AR20120014831



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