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
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