IN THE CASE OF: 

		BOARD DATE:	    17 April 2014

		DOCKET NUMBER:  AR20130012685 


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, correction of her record to show she contracted for a Selected Reserve Incentive Program (SRIP) reenlistment/ extension bonus (REB) when she reenlisted on 27 February 2006 and payment of the bonus.  

2.  She states she found out after she reenlisted that she was eligible for an REB.  She doesn't know if the error occurred because the Army Reserve Career Counselor (ARCC) was not educated on the available bonuses or if it was just overlooked.  She lived in Illinois and her home unit and the ARCC were in Tennessee.  All the ARCC did was complete the paperwork and tell her she would have to find someone to administer the oath.  She doesn't think it was her job to determine if she was eligible for a bonus.  She found out about the bonus a couple of years after she reenlisted.  She is a single mother who was working full time and served in the U.S. Army Reserve (USAR).  She traveled as part of her military duties, and she was not at her home unit very often.  She was eventually told she could submit a request for an exception to policy (ETP).  She did so, but the ETP was not approved.

3.  She provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 25 March 2000, and associated documents
* DD Form 4, dated 27 February 2006, and associated documents
* DA Form 4187 (Personnel Action)
* self-authored memorandum, subject:  Request for ETP for REB for [Applicant]
* DA Form 705 (Army Physical Fitness Test Scorecard)
* DA Form 5501 (Body Fat Content Worksheet (Female))
* DA Form 2A (Personnel Qualification Record (Enlisted))
* ARPC Form 249-E (Chronological Statement of Retirement Points)
* memorandum, subject:  Request ETP for REB – [Applicant]
* letter from the Office of the Inspector General, Headquarters, 100th Training Division (Operations Support), Fort Knox, KY
* memorandum, subject:  ETP for [Applicant], dated 23 April 2012
* memorandum, subject:  Request for ETP for REB [Applicant], dated         
14 December 2011
* memorandum, subject:  FY06 (Fiscal Year 2006) SRIP – Army Reserve, dated 2 February 2006
* memorandum, subject:  FY06 SRIP Policy Guidance for 24 Feb 06 through 30 Sep 06, dated 23 February 2006, with enclosures

CONSIDERATION OF EVIDENCE:

1.  On 25 July 1986, the applicant enlisted in the USAR.  She continued her USAR service through reenlistments.  Review of her record shows she was trained in and held military occupational specialty (MOS) 42L (Administrative Specialist) (later converted to MOS 42A (Human Resources Specialist)).  

2.  On 25 March 2000, she reenlisted in the rank/grade of sergeant first class (SFC)/E-7 for a period of 6 years.  At that time, she signed an SRIP – REB Addendum agreeing to the terms of service required to receive a $5,000.00 REB. 

3.  On 27 February 2006, she reenlisted in the rank/grade of SFC/E-7 for an indefinite period.  Section B (Agreements) of the DD Form 4 completed at that time shows one annex to the form, Annex A.  A DA Form 3540 (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment) is attached to the DD Form 4 as Annex A. 

4.  In item 13 of the DD Form 4, she acknowledged that:

* she had carefully read the document
* any questions she had were explained to her satisfaction
* she fully understood that only those agreements in Section B of the DD Form 4 or recorded on attached annexes would be honored

She entered her initials after "NONE" acknowledging no other promises or guarantees had been made to her.
5.  Her record is void of documentation showing she executed an SRIP – REB Addendum when she reenlisted on 27 February 2006.

6.  Effective 3 November 2012, she was relieved from her assignment and transferred to the Retired Reserve.

7.  She provides, in part, two memoranda regarding her ETP request. 

	a.  A memorandum, subject:  Request ETP for REB – [Applicant], dated 21 February 2012, shows the Commanding General, Headquarters, 80th Training Command (TASS (The Army School System)), Richmond, VA, submitted an ETP request to the Commander, U.S. Army Reserve Command (USARC) to allow the applicant to receive a $15,000.00 REB for her indefinite reenlistment on 27 February 2006.  The memorandum states the applicant was not counseled on her options by the ARCC who supported her unit.  

	b.  A memorandum, subject:  ETP for [Applicant], dated 23 April 2012, from the Deputy Director, Deputy Chief of Staff, G-1, USARC, disapproved the ETP request.  The memorandum states the applicant was not offered any incentives for reenlisting, and incentives must be offered when a contract is executed.  

8.  She also provides a memorandum, subject:  FY06 SRIP Policy Guidance for 24 Feb 06 through 30 Sep 06, dated 23 February 2006, and enclosures showing the REB rate for FY06 was $15,000.00 for a 6-year commitment.  An attached table shows an REB was authorized for MOS 42A.  

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may have been eligible for an REB when she reenlisted in 2006, there is no basis for correcting her record to show she contracted for the REB or for paying her the REB.  

2.  When she reenlisted in 2006, she was a senior noncommissioned officer (NCO) working in an administrative field who had previously signed an SRIP – REB Addendum when she reenlisted in 2000.  She contends her ARCC did not counsel her on her options; however, it is reasonable to expect that a senior NCO in her MOS with her length of service who had previously received a bonus would have asked the ARCC to verify her bonus eligibility or determine for herself whether or not she was eligible and provide that information to the ARCC.  

3.  As the record stands, on 27 February 2006, she executed a DD Form 4 acknowledging, in part, that only those agreements referenced in Section B of 


the form or recorded on attached annexes would be honored.  An SRIP – REB Addendum was not attached as an annex.  As such, there is no evidence of error in the fact that she did not receive an REB when she reenlisted in 2006 and 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.



ABCMR Record of Proceedings (cont)                                         AR20130012685





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ABCMR Record of Proceedings (cont)                                         AR20130012685



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