MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:        

	BOARD DATE:            27 May 1999
	DOCKET NUMBER:   AR1998013281

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

	Mr. Loren G. Harrell		Director	
	Mr. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Meta Waller		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be paid a reenlistment bonus.

APPLICANT STATES:  That when he reenlisted on 11 May 1981 he was given a contract which promised him a reenlistment bonus when he completed his term of service; however, he never received his bonus.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant initially enlisted in the Regular Army on 29 June 1973 and served until he was honorably released from active duty on 28 June 1976.

He again enlisted in the Regular Army in the pay grade of E-2 in Chicago, Illinois on 11 May 1981 for a period of 4 years and assignment to Korea as a light wheel vehicle mechanic.

He continued to serve until he was honorably discharged on 27 January 1984 under the provisions of Army Regulation 635-40 due to physical disability with severance pay.  He had served 5 years, 8 months, and 17 days of total active service and had completed 2 years, 8 months, and 17 days of his current 4-year enlistment.

A review of the applicant’s records failed to reveal any promises of a bonus of any type that were made at the time of his enlistments.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Not only has the applicant not provided sufficient documentation to support his contention that his contract provided that he receive a bonus, the evidence of record which contains his enlistment contracts also fails to show that he was promised a bonus.  

3.  Notwithstanding the lack of evidence showing that he was entitled to a bonus, by the applicant’s own admission, he was to receive a bonus upon completion of his contracted service, which did not occur.

4.  Additionally, the Board notes that his term of service which began on 11 May 1981 was an enlistment and not a reenlistment.  In order for it to have been a reenlistment, no more than 24 hours could have elapsed between his last period of service.  Therefore, had there been a reenlistment bonus in effect at the time, he would not have been eligible to receive such a bonus because he was enlisting as a prior service enlistee.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__klw ___  __elw ___  __mw___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013281	
SUFFIX		
RECON		
DATE BOARDED	1999/05/27	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  288 	128.0500/ENL BONUS	
2.		
3.		
4.		
5.		
6.