Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130004709
Original file (20130004709.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:  31 October 2013

		DOCKET NUMBER:  AR20130004709 


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 a $7,500.00 prior service enlistment bonus (PSEB).

2.  The applicant states:

* he originally requested full payment of a $10,000.00 PSEB, but now he is requesting partial payment 
* it is not his fault the official who prepared the contract did so erroneously
* he was told by his recruiter and an official at the Military Entrance Processing Station he would receive a bonus and it had a direct impact on his decision to reenlist
* he held up his end of the contract and feels it is the right thing to do to grant partial payment in the amount that should have been entered on the contract
* this is not the way to treat a Soldier who serves their country  

3.  The applicant provides an undated statement. 

CONSIDERATION OF EVIDENCE:

1.  Following service in the Army National Guard and U.S. Army Reserve (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 (Record of Military Processing – Armed Forces of the United States) 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.  In a related case, he provided 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.

6.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of a PSEB in the amount of $7,500.00 was carefully considered and determined to have merit.

2.  Evidence shows he 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.

3.  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.  


 
4.  He was eligible for a PSEB bonus at the time of his enlistment and did absolutely nothing wrong.  Therefore, in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the PSEB in the amount of $7,500.00.

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:

	a.  showing all officials properly and timely signed the PSEB Addendum in the amount of $7,500.00;

	b.  showing the Department of the Army authorized him to receive the bonus in question as agreed to in his PSEB Addendum; and

	c.  paying to him the $7,500.00 bonus as a result of the above corrections.




      _______ _  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)                                         AR20130004709





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004709



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2012 | 20120001990

    Original file (20120001990.txt) Auto-classification: Denied

    The applicant requests, in effect, full payment of a $10,000 prior-service enlistment bonus (PSEB). 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...

  • ARMY | BCMR | CY2013 | 20130003041

    Original file (20130003041.txt) Auto-classification: Approved

    In connection with his enlistment, he completed a PSEB Addendum which states: "Upon my enlistment in the ARNG, I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria:" * I have completed not more than 16 years of total military service * I am qualified in and hold the primary MOS for which I am enlisting and hold the rank/grade of the required grade of the position * I am not enlisting into an excess position or a Title 10 or Title 32...

  • ARMY | BCMR | CY2010 | 20100026560

    Original file (20100026560.txt) Auto-classification: Approved

    The applicant requests to be paid the full $10,000.00 Prior Service Enlistment Bonus (PSEB) that was authorized in the enlistment contract she signed. The recruiter obviously used the first half SRIP erroneously; however, given the USARC error overall, the applicant, who in good faith completed the MOS training, should not be held at fault. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she is eligible for...

  • ARMY | BCMR | CY2011 | 20110001817

    Original file (20110001817.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 29 September 2011 DOCKET NUMBER: AR20110001817 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests payment of a $10,000 prior-service enlistment bonus (PSEB). This official stated, at the time, the Selected Reserve Incentive Program (SRIP) list specified payment of $5000 for 6 years and MOS 36B; however, the applicant's contract stated payment of $10,000 for 6 years and MOS 36B.

  • ARMY | BCMR | CY2011 | 20110023162

    Original file (20110023162.txt) Auto-classification: Approved

    The applicant requests payment of her enlistment bonus. 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." 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...

  • ARMY | BCMR | CY2014 | 20140003377

    Original file (20140003377.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show his entitlement to a $7,500.00 Prior Service Enlistment Bonus (PSEB) vice a $10,000.00 Enlistment Affiliation Bonus (EAFB) and cancellation of the recoupment payment of $3,750.00. The advisory opinion further stated: * The applicant enlisted in the CAARNG on 12 February 2007 and he signed a $10,000.00 EAFB addendum * He was not eligible to receive the bonus because he did not transition from active duty and had...

  • ARMY | BCMR | CY2010 | 20100011007

    Original file (20100011007.txt) Auto-classification: Approved

    The applicant requests, in effect, payment of his Prior Service Enlistment Bonus (PSEB) in the amount of $7,500.00. The evidence of record shows the applicant enlisted in the USAR for a $7,500.00 PSEB. As a result, the Board recommends the applicant's records be corrected by: a. showing the applicant received an approved waiver to complete his required training outside the 24-month window, making him eligible to receive the Prior Service Enlistment Bonus; and b. paying to him the $7,500.00...

  • ARMY | BCMR | CY2010 | 20100024043

    Original file (20100024043.txt) Auto-classification: Denied

    The applicant requests he be given a $10,000 Prior Service Enlistment Bonus (PSEB). The regulation is clear on the options given to a Soldier who is promised an incentive which the Army cannot provide. 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.

  • ARMY | BCMR | CY2013 | 20130017295

    Original file (20130017295.txt) Auto-classification: Approved

    The applicant provides and his record contains a USAR PSEB Addendum, dated 29 July 2009, wherein, in part, it states: * This addendum will be completed by all persons with previous military service enlisting in the USAR with concurrent assignment to a troop program unit (TPU) for a PSEB under the Selected Reserve Incentive Program (SRIP) * The service representative is responsible for reading and explaining the PSEB requirements outlined in this form * I am not currently qualified in MOS...

  • ARMY | BCMR | CY2011 | 20110012891

    Original file (20110012891.txt) Auto-classification: Approved

    The applicant requests payment of a prior-service enlistment bonus (PSEB). The evidence of record confirms the applicant enlisted as an 88M into the 351st Aviation Battalion for 4 years, 4 months, and 28 days. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected to show he: * enlisted for a critical skill and received a valid bonus control number upon enlistment in the SCARNG for a PSEB in the...