IN THE CASE OF:	  

		BOARD DATE:	  28 July 2015

		DOCKET NUMBER:  AR20140021201 


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 an enlistment or seasonal bonus for his Regular Army enlistment in 2005.

2.  The applicant states he enlisted in the Reserve Component (RC) to Active Component (AC) under Military Personnel (MILPER) Message 05-143, dated 16 June 2005, subject: Enlistment of Mobilized USAR or Army National Guard Soldiers into the Regular Army.  The enlistment bonus and/or seasonal bonus was omitted.  He did not receive said bonus because the program was new and the field did not clearly understand the instructions as set in All Army Activities (ALARACT) Message 186-2005, dated 16 September 2005, subject: Enlistment Incentive Program Changes Effective 16 September 2005.  

3.  The applicant provides:

* Letter, dated 29 November 2011, from the Office of the Inspector General
* Request for Enlistment in the Regular Army, dated 30 June 2005
* Orders 202-03, dated 21 July 2005 (permanent change of station (PCS))
* Page 2 of his DD Form 4 (Enlistment/Reenlistment Document) 
* Page 1 of DA Form 638 (Recommendation for Award), dated 8 April 2009
* Orders B-02-701112, dated 9 February 2008 (promotion to E-8)
* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 11 July 2005
* Orders 034-002, dated 3 February 2009 (PCS)
* MILPER Message 05-241, dated 3 October 2005, subject: Enlistment Bonus Program Changes
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he previously served in the Regular Army from 4 March 1979 to 4 September 1992 and held military occupational specialties (MOS) 76Y (Unit Supply Specialist) and 76X (Subsistence Supply Specialist).  Upon his separation he received a special separation benefit payment of over $50,000.00.

3.  After more than a 2 year break in service, he enlisted in the U.S. Army Reserve (USAR) on 12 January 1995 and he held MOS 92Y (Unit Supply Specialist).  He reenlisted on 28 September 1999.  On 10 April 2003 his reenlistment was for an indefinite period of service.  He was promoted to sergeant first class (SFC)/E-7.

4.  On 22 May 2003, the USAR Personnel Command, St. Louis, MO issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter) for non-regular service. 

5.  On 30 June 2005, the U.S. Army Human Resources Command (HRC) Reserve Components Personnel and Support Service Branch approved the applicant's request for enlistment in the Regular Army in MOS 92Y in the rank/grade of SFC/E-7.  The approval letter stated the applicant would not have a break in service, his Regular Army enlistment was for 3 years, and he must complete a DD Form 4.  Additional instructions were that the servicing Career Counselor or designee must verify his eligibility for a special retention bonus in accordance with the latest personnel guidance.  

6.  On 12 July 2005, he executed a 3-year enlistment in the Regular Army.  His DD Form 4 does not list any incentives, options, bonuses, or other promises.  He entered the AC on 12 July 2005 directly from the RC with no break in service. 

7.  On 21 July 2005, HRC published Orders 202-03 reassigning him on a PCS move to Headquarters, 2nd Brigade, 85th Training Support Division, Fort McCoy, WI, effective 1 September 2005. 

8.  He reenlisted in the Regular Army on 20 April 2007 and he was promoted to master sergeant (MSG)/E-8.  

9.  He retired on 31 March 2010 with more than 20 years active Federal service and he was placed on the Retired List in his retired rank/grade of MSG/E-8 on 1 April 2010. 

10.  He provides: 

	a.  A letter, dated 29 November 2011, from the Fort McCoy Office of the Inspector General informing him that his inquiry regarding entitlement to back pay while assigned to AC/RC at Fort McCoy could not be supported.  He was unclear what type of pay he believed he was owed and he did not provide documents to support his request.  

	b.  HRC approval memorandum of his request for enlistment from the USAR into the Regular Army. 

	c.  Front page of a DA Form 638, dated 8 April 2009, recommending him for award of the Army Achievement Medal for achievement from 9 February 2009 to 15 April 2009. 

	d.  Promotion orders to MSG/E-8, published on 9 February 2007. 

	e.  DD Form 214 covering the period 1 September 2003 to 11 July 2005. 

	f.  Orders 034-002, dated 3 February 2009, reassigning him from Headquarters, 181st Infantry Brigade, Fort McCoy, WI to 501st Military Intelligence battalion, Korea on or about 10 June 2009. 

11.  MILPER Message Number 05-143, dated 16 June 2005, stated the Acting Assistant Secretary of the Army (Manpower and Reserve Affairs) approved a policy to allow the enlistment of mobilized USAR and Army National Guard (ARNG) Soldiers into the Regular Army.  RC Soldiers with less than 18 years of service could apply to transfer from the RC to Regular Army any time within 6 months of their projected demobilization or release from active duty date, to include at the demobilization station.  

12.  MILPER Message 05-241, dated 3 October 2005, subject: Enlistment Bonus Program Changes, stated effective 3 October 2005, a prior service seasonal bonus is available to applicants who have been separated for more than 90 days from an AC enlistment provided one enlisted in the Regular Army for a term of service of 3 or more years in any MOS.  A seasonal bonus up to $14,000 may be available for priority training seats.  The enlistment procurement system otherwise known as the "request system" would determine the MOS vacancy or training seat availability and bonus amount.  The bonus was for new enlistment contracts only and could be combined with the additional $5,000 bonus projected as a shortage.  It could not be combined with the Selected Reenlistment Bonus or the “BSS” Retention Bonus.  Former members of the Reserve or ARNG who were no longer affiliated with a Reserve or Guard unit could enlist for this option if otherwise qualified. 

13.  ALARACT 186/2005, dated 16 September 2005, authorized incentives for mobilized RC Soldiers who enlisted in the Regular Army under the provisions of MILPER Message 05-143.  The change was effective 16 September 2005.  

DISCUSSION AND CONCLUSIONS:

1.  After prior AC service, the applicant served in the USAR from 12 January 1995 to 11 July 2005 and he held MOS 92Y.  He submitted a request to HRC for accession into the AC and his request was approved for enlistment into the Regular Army in MOS 92Y in the rank/grade of SFC/E-7.  On 12 July 2005, he executed a 3-year enlistment in the Regular Army.  His DD Form 4 does not list any incentives, options, bonuses, or other promises.  

2.  He references MILPER Message 05-241 as the authority to pay him the seasonal bonus.  However, MILPER Message 05-241 is not applicable in his case because the changes made in this message were effective 3 October 2005. He enlisted on 12 July 2005.  Additionally, the bonus applied to those who had been separated from the AC for more than 90 days and enlisted in the AC for priority training in critical shortage MOSs.

3.  He also references ALARACT 186/2005.  This ALARACT authorized incentives for mobilized RC Soldiers who enlisted into the Regular Army under the provisions of MILPER Message 05-143.  The change was effective 16 September 2005.  As the applicant enlisted on 12 July 2005, he did not meet the criteria for a bonus.  

4.  Based on the foregoing, the personnel guidance clearly supports denying the applicant’s request for an enlistment or seasonal bonus based on his Regular Army enlistment of 12 July 2005.
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)                                         AR20140021201





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ABCMR Record of Proceedings (cont)                                         AR20140021201



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