IN THE CASE OF:	  

		BOARD DATE:	 7 November 2013

		DOCKET NUMBER:  AR20130003172 


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 his prior service enlistment bonus 
* issuance of a 20-Year Letter (Notification of Eligibility for Retired Pay at Age 60)

2.  The applicant states, in effect:

* he signed his enlistment bonus contract which guaranteed him $15,000 in June 2007 
* he keeps receiving correspondence indicating he has 20-plus years of service and that he is ineligible for the bonus
* he submitted his first round of paperwork in the fall of 2009 and a Congressional inquiry was initiated
* he was instructed to contact the Army Board for Correction of Military Records (ABCMR)
* he received a letter from the Deputy Chief of Staff, G-1, Fort McPherson, GA, advising him he had exceeded 19-plus years of service at the time of his new service contract in June 2007
* he was advised he was ineligible for the bonus after he completed the criteria stated in his contract
* he contacted the Inspector General's office and was advised by them to initiate the Senate review of his contract
* he submitted an exception to policy request
* he has continued to serve and would like to have the issue resolved
3.  The applicant provides:

* self-authored statement
* DA Form 4187-1-R (Personnel Action Form Addendum)
* Congressional correspondence
* memorandum from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, U.S. Army Reserve Command (HQ USARC)

CONSIDERATION OF EVIDENCE:

1.  On 30 June 1975, the applicant enlisted in the Regular Army.  He was honorably discharged on 18 January 1982. 

2.  After having a break in service, he enlisted in the USAR on 1 December 1983.  He was honorably discharged on 12 December 1995.  He enlisted in the New York Army National Guard on 17 November 2001.  He was discharged from the New York Army National Guard on 16 November 2002.

3.  On 19 June 2007, he enlisted in the USAR for a 6-year period.  At that time, he executed a Selected Reserve Incentive Program – USAR Prior Service Enlistment Bonus Addendum.

4.  His USAR Prior Service Enlistment Bonus Addendum, dated 19 June 2007, shows:

* he acknowledged he had less than 16 years of military service and that he was enlisting for 6 years for a bonus of $15,000
* he was required to qualify for military occupational specialty (MOS) 21R (Interior Electrician)
* his counselor certified he met the eligibility requirements

5.  Records show the applicant completed the Interior Electrician Course (MOS 21R) on 14 November 2008.  His DA Form 1059 (Service School Academic Evaluation Report), dated 16 December 2008, shows he completed the 21R Interior Electrician Phase 2 Course during the period 1 December through 16 December 2008.

6.  Orders Number 09-174-00002, issued by Headquarters, 412th Engineer Command, Vicksburg, MS, dated 23 June 2009, awarded him MOS 21R.

7.  On 26 March 2012, an exception to policy request for retention of the prior service enlistment bonus was submitted to USARC.

8.  On 30 April 2012, the Deputy Director, Deputy Chief of Staff, G-1, USARC, disapproved the applicant's exception to policy request for his prior service enlistment bonus.  This official stated that after thorough research it was determined the applicant had over 19 years of service when he enlisted.

9.  The applicant provides a self-authored statement, DA Form 4187-1-R, Congressional correspondence, and his exception to policy denial letter.

10.  His Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points), dated 18 October 2013, shows he completed 16 years, 5 months, and 29 days of qualifying service toward non-regular retirement. 

11.  A review of the Integrated Web Services Total Army Personnel Database – Reserve shows his pay entry base date (PEBD) as 10 July 1987.

12.  Army Regulation 135-180 (Qualifying Service for Retired Pay – Nonregular Service) states each Reserve component Soldier who completes the service required to be eligible for retired pay at age 60 under this regulation will be notified in writing within 1 year after he or she has completed that service.  This notification will be issued by the appropriate authority at the time 20 satisfactory years of service are completed.

13.  Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs), in effect at the time of the applicant's enlistment, offered a prior service enlistment bonus to eligible persons with prior service who enlisted in the USAR and contracted to serve in a troop program unit (TPU) of the Selected Reserve in a designated MOS announced by the Department of the Army.  The incentive offered $15,000 for an enlistment to serve 6 years in a TPU.  It was offered to persons who had completed any active military service obligation and had less than 16 years of total military service, and who had an honorable discharge at the conclusion of the last period of military service.

14.  Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay - Non Regular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (a) attained age 60; (b) completed a minimum of 20 years of qualifying service; and, (c) served the last 8 years of his or her qualifying service as a Reserve Component Soldier.  The requirement to serve the last 8 years in a Reserve component was amended, on 1 October 2002, to the last 6 years and on 26 April 2005 this was reduced to zero years.

15.  Sections 12731 through 12739 of Title 10, U.S. Code, authorize retired pay for Reserve Component military service.  Under this law, a Reserve soldier must complete a minimum of 20 qualifying years of service to be eligible for retired pay at age 60.  After 1 July 1949, a qualifying year ("a good year") is one in which a Reserve soldier earned 50 retirement points or more. 

16.  Title 37, U.S. Code, section 308i, states a bonus may be paid to a person who has no more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's initial entry date was in 1975 and his PEBD is 10 July 1987.

2.  His records show he had well over 16 years of service at the time he executed his prior service enlistment bonus agreement in 2007.  Public law prohibits Soldiers with more than 16 years of service from receiving a prior service enlistment bonus.  He was not entitled to such a bonus and he should not receive an incentive that was offered in error and is not otherwise offered to others in similar circumstances.

3.  By law and regulation, Reserve Component members are required to complete 20 years of qualifying service in order to be eligible for non-Regular retired pay.  A qualifying year of service for non-Regular retired pay is a full retirement year during which a Regular or Reserve member is credited with a minimum of 50 points.  His records show he has not completed 20 qualifying years of service; therefore, he does not yet qualify for the issuance of a 20-year letter.

4.  In view of the foregoing, there is no 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)                                         AR20130003172



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ABCMR Record of Proceedings (cont)                                         AR20130003172



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