PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            2 December 1999                  
	DOCKET NUMBER:   AR1999021200

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Barbara J. Ellis		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 
	
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 period of enlistment be reduced from 6 years to 3 years.

3.  The applicant states that on 18 November 1998 he enlisted for 6 years, United States Army Reserve, 180th Transportation Company.  He enlisted for that period of service and unit because he was told this would make him eligible for a Prior Service Enlistment Bonus.  During in-processing at the 180th Transportation Company he inquired about the bonus.  He was informed that they knew nothing of such a bonus, if eligible for a bonus the Military Entrance Processing Station should have prepared an bonus addendum, and his military occupational specialty did not qualify for a bonus.  The applicant believes, in effect, he was unjustly misled to enlist for the longer period of service.

4.  The applicant’s military records show that he enlisted into the Michigan, Army National Guard on 24 February 1986, in pay grade E1, and was separated Honorably on 4 April 1988 for Defective Enlistment.  A DD Form 214 shows the applicant entered the Regular Army 22 February 1989, trained as a Bradley Fighting Vehicle System Mechanic, served 4 months in Southwest Asia, attained pay grade E4, and on 21 February 1993 was separated Honorably for Expiration Term of Service.  A NGB Form 22 shows he enlisted on 22 February 1993 into the Michigan Army National Guard, in pay grade E4, and on 23 February 1994, was separated Honorably, for Expiration of Service Obligation.  On 18 November 1998 he enlisted into the Army Reserve for 6 years.

5.  The records contain a DA Form 3540-R, Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment and DD Form 4, Enlistment/Reenlistment Document.  A review of the DA Form 3540-R, Section XII, Block 2 and Addendum, and the DD Form 4, Block 8b, Remarks indicate that the applicant was not made any promises that were not shown on the contracts.  Neither of these documents contain entries indicating an enlistment bonus.

6.  Office of the Chief, Army Reserve, Memorandum dated 26 October 1998, Subject:  FY 99 Selected Reserve Incentive Program (SRIP) Policy Letter, was reviewed.  The memorandum describes the prior service enlisted bonuses
and perquisites that existed at the time of the applicant’s enlistment.  The perquisites require enlistment into a qualified duty MOS.  The applicant’s MOS at time of enlistment was 63T; the duty MOS he enlisted for was 88M, therefore he did not meet the MOS qualification criteria for the bonus.

CONCLUSIONS:

1.  The military records show the applicant was not contracted for the bonus entitlement.  The applicant raised the issue of the bonus upon in-processing into the 180th Transportation Company and soon after followed up with a DD Form 149 seeking correction.  This indicates the applicant incorrectly believed he had contracted for a bonus and in the interest of justice it would be appropriate to correct the records as requested.

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 amending the enlistment contract executed on 18 November 1998 to show that the applicant enlisted for a period of 3 years.

BOARD VOTE:  

_svw____  _vbc____  _bje_____  GRANT AS STATED IN 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_ Sherri V. Ward__        __
		        CHAIRPERSON

INDEX

CASE ID	AR1999021200	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991202	
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.	112.03	
2.		
3.		
4.		
5.		
6.