PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:             30 June 1999                  
	DOCKET NUMBER:    AR1998004381

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John P. Infante		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be paid his Individual Ready Reserve (IRR) reenlistment bonus.

3.  The applicant states that he completed a bonus addendum for the IRR reenlistment bonus but never received it.

4.  The applicant’s military records show that he immediately reenlisted for 6 years in the IRR in pay grade E-4 on 21 August 1986.  On that reenlistment contract it was stated that he was reenlisting for the IRR reenlistment bonus, and that the enlistment contract was antedated with the approval of the CG, ARPERCEN.  The oath was administered to the applicant on 12 August 1987.

5.  On the date the oath was administered to the applicant, 12 August 1987, the applicant completed an IRR bonus addendum for a $750.00 cash bonus.  In that addendum it was stated that his bonus would be terminated if he transferred to the Selected Reserve (USAR unit or IMA position).

6.  On 17 August 1989 the applicant was assigned to a USAR unit.

7.  Army Regulation 135-7, in effect at the time, states that to establish IRR reenlistment bonus eligibility, a soldier must reenlist for at least 3 years prior to the expiration of his or her term of service (within a 6-month reenlistment window).  The bonus addendum must be completed at the time of reenlistment.  This regulation also stated that a bonus would be terminated if the bonus recipient transferred to the Selected Reserve.

8.  In the processing of this case an advisory opinion (COPY ATTACHED) was obtained from the Army Reserve Total Army Personnel Command 
(AR-PERSCOM).  The AR-PERSCOM stated that the IRR reenlistment bonus program was funded at the time of the applicant’s reenlistment.  The applicant was provided a copy of this advisory opinion but did not submit any further evidence or argument to the staff of the Board.

CONCLUSIONS:

1.  There is no reason evident why the applicant was not paid his bonus.  His reenlistment was properly antedated and he executed a proper bonus addendum.

2.  However, the applicant’s IRR reenlistment bonus would have terminated when he was transferred into a USAR unit.

3.  As such, it would be proper and equitable to pay to the applicant his enlistment bonus, prorated for the time he was assigned to the IRR, 12 August 1987 to 17 August 1989.
4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by paying to the individual concerned his enlistment bonus, prorated for the time he was assigned to the IRR, 12 August 1987 to 17 August 1989.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

_gdp____  __aao___  _jpi  ____  GRANT AS STATED IN RECOMMENDATION

__       ___  ________  ________  GRANT FORMAL HEARING

_____ ___  ________  ________  DENY APPLICATION

		_George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR1998004381	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990630	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.