BOARD DATE: 19 June 2014
DOCKET NUMBER: AR20130016965
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 correction of his records to show entitlement to a Prior Service Enlistment Bonus (PSEB).
2. The applicant states he received a less than honorable discharge from the Navy in 1988. In 2006, he had the opportunity to enlist in the U.S. Army Reserve (USAR). He states he was never deceptive about the nature of his discharge from the Navy to his USAR recruiter or any Military Entrance Processing Station personnel. He was offered a 6-year contract that included a $15,000.00 PSEB payable upon successful completion of advanced individual training (AIT). Upon completion of AIT he was informed that he was ineligible to receive the bonus due to the nature of his discharge from the Navy. He states that he feels he was being punished for something that he had done 20 years earlier. He understands that Army regulations stipulate that the PSEB is not authorized for anyone who has received anything less than an honorable discharge, but he was not made aware of that fact at the time of his enlistment.
3. The applicant provides:
* self-authored statement
* memorandum, subject: Request RE Code Waiver
* USAR enlistment-related documents
* Selected Reserve Incentive Program (SRIP) USAR PSEB Addendum
* Statement of Understanding The Montgomery GI Bill Selected Reserve
* letter to a Congressional Representative
* USAR discharge orders
CONSIDERATION OF EVIDENCE:
1. The applicant's records maintained in the interactive Personnel Electronic Records Management System do not contain and he has not provided his Navy discharge documents.
2. A memorandum, subject: Request RE Code Waiver, dated 6 December 2005, shows a recruiting company commander interviewed the applicant about his prior service. He stated the applicant joined the Navy in 1984. He stated the applicant was separated from the Navy in 1988 with an under other than honorable conditions discharge due to patterns of misconduct. He described four instances of misconduct in the memorandum. He further stated that the applicant desperately wished to right the dishonor of his Navy service by enlisting in the USAR.
3. On 11 May 2006, the applicant enlisted in the USAR for a period of 6 years. In conjunction with his enlistment, a SRIP USAR PSEB Addendum was completed. By signing the addendum, he verified he was eligible for a PSEB in the amount of $15,000.
a. He acknowledged, in pertinent part, in paragraph 5 of Section III that he was in receipt of an honorable discharge issued on separation from prior military service.
b. He also acknowledged with his signature in Section IX Statement of Understanding that he had read and understood each of the statements on the addendum and had his questions satisfactorily answered. He acknowledged he understood that those statements were intended to constitute all promises and agreements concerning his enlistment for the PSEB.
c. A service representative certified that the applicant met the eligibility requirements for a PSEB.
3. On 28 January 2010, the Deputy Chief of Staff, G-1, USAR, stated in a response to Congressman Bilbray's inquiry on behalf of the applicant that their research had determined the applicant was not entitled to receive the PSEB. He stated Army policy prohibited Soldiers who did not receive an honorable discharge at the conclusion of all prior periods of service from receiving the PSEB. He stated that the applicant received a "General (Under Other than Honorable Conditions [sic])" on 27 May 1988, when he was released from the Navy, thereby making him ineligible for the bonus.
4. On 10 May 2012, the applicant was honorably discharged from the USAR.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record does not support entitlement to the PSEB.
2. The evidence of record shows he acknowledged in the PSEB Addendum that he was in receipt of an honorable discharge issued on separation from prior military service and that he understood all statements in the addendum. However, as recorded in the RE Code Waiver memorandum by recruiting staff, both the applicant and Army personnel were aware that the applicant had a less than honorable discharge from the Navy. Notwithstanding that fact, he was allowed to enlist in the USAR. While a waiver was granted for the USAR enlistment, there is no waiver for the PSEB. His less than honorable discharge from the Navy made him ineligible at the time of his USAR enlistment for the PSEB.
3. In view of the foregoing, he was not entitled to the PSEB which was erroneously offered to him. There doesn't appear to be any inequity or injustice in this case. Therefore, there is an insufficient basis and lack of evidence to grant the applicant's request.
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) AR20130016965
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