MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            2 December 1999                  
	DOCKET NUMBER:   AR1999024169

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Barbara J. Ellis		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 his full enlistment bonus.

APPLICANT STATES:  That he was promised a $3,000.00 bonus in an addendum to his enlistment contract.  Now he has been told he is only entitled to $1,500.00.

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

He enlisted in the USAR for assignment to a USAR unit on 9 April 1998.  At that time he signed a bonus addendum for a $3,000.00 enlistment bonus based on his enlisting for both a unit and a skill approved by the Department for a bonus.

After the applicant completed his initial active duty for training, his unit submitted a payroll for his bonus.  Finance returned the payroll stating that the applicant’s military occupational specialty was not approved for a bonus.

Army Regulation l35-7, paragraph 2-3, authorizes a cash bonus for non-prior service Reservists who enlist in either a critical skill or a critical unit, as designated by the Department of the Army.  Those soldiers who enlist for both a critical unit and a critical skill are given a higher bonus than those who only enlist for a bonus unit or a bonus skill.

Army Regulation 135-178, paragraph 9-10 provides for a reservist’s discharge, at the soldier’s request, when he or she is promised an enlistment incentive which the Army is unable to fulfill.  The soldier may also waive the enlistment incentive and choose to remain in the USAR.

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

1.  The applicant was erroneously offered a bonus commensurate with a soldier enlisting for both a bonus unit and a bonus skill.

2.  Since the applicant’s skill was not authorized a bonus, he was not entitled to the higher bonus.

3.  To grant the applicant’s request would be giving him a benefit not afforded other soldiers who enlisted for the same skill and were not given a bonus.

4.  The applicant now has the option of requesting discharge due to defective enlistment or to waive the higher bonus amount and remaining in the USAR.

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

_svw____  _vbc____  _bje_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999024169	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991202	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.