PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:       17 December 1998    
	DOCKET NUMBER:   AC98-07260
				   AR1998-12321

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		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 his reenlistment date of 28 October 1997 be changed to 26 August 1997, in order that he receive the enlistment bonus in effect at that time.

3.  The applicant states, in effect, that he attempted to reenlist in the Army         on 26 August 1997 [one year prior to his ETS (separation date), and one day prior to having six years of federal service]; however, he was informed that his separation date was 9 September 1998, not 26 August 1998, and he therefore could not reenlist on the 26 August of 1997.  He produced a copy of his enlistment contract showing his correct ETS.  Unfortunately, it took several days to correct the error, pushing his reenlistment date past the eligibility date for the reenlistment bonus.   

4.	The applicant’s military record shows that he enlisted in the Army for four years on 27 August 1991 and on 7 December 1994 extended his enlistment for six months until 26 February 1996.  On 3 November 1995 he again extended his enlistment, this time for 30 months, making his separation date 26 August 1998.  He reenlisted for four years on 28 October 1997.

5.  In a 17 December 1998 memorandum, the applicant’s reenlistment NCO states that the applicant was due to receive a selective reenlistment bonus with a 1.5 multiplier, and had only the one day to reenlist, 26 August 1997, in order to receive this bonus; however, because of incorrect information on the data base he was not allowed to reenlist.  By the time the error was corrected, he was ineligible for the reenlistment bonus.  

6.  Army Regulation 601-280 prescribes criteria for the Total Army Retention Program.  Chapter 8 of that regulation talks about the selective retention bonus, and states, in pertinent part, that to be eligible for a zone A bonus, a soldier must have completed at least 21 months of continuous active service but no more than 6 years of active service on the date of reenlistment.

7.  In the processing of this case an advisory opinion was received from the Chief of the Total Army Personnel Command Retention Division.  That official stated that the applicant was indeed eligible to reenlist on 26 August 1997, and recommended approval of the applicant’s request. 

CONCLUSIONS:

1.  The applicant’s ETS prior to his last reenlistment on 28 October 1997 was    26 August 1998.  He should have been able to reenlist one year prior to that date, on 26 August 1997.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned reenlisted in the Regular Army for four years on 26 August 1997.

BOARD VOTE:  

__klw___  ___mhm__  ___klw__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

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