PROCEEDINGS

	IN THE CASE OF 

	BOARD DATE:  27 January 2000
	DOCKET NUMBER:   AR1999026675

	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. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Elzey J. Arledge, Jr.		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 a reenlistment bonus.

3.  The applicant states, in effect, that he reenlisted for the Broken Service Selective Reenlistment Bonus (BSSRB) but that he has been denied payment of the bonus by finance.  His reenlistment contract states that he will be paid the BSSRB bonus but finance stated that he was not eligible for the bonus because he had been out of the Regular Army in excess of the 4 years.  He supplies a copy of his reenlistment contract showing that he was authorized the BSSRB.

4.  The applicant’s military records show that he had enlisted in the Regular Army on 26 June 1988 and was discharged as an E-5 on 26 June 1992 at the expiration of his term of service.  Almost seven years later, on 25 March 1999, he reenlisted in the Regular Army as an E-3 for the inducement of the reenlistment incentive BSSRB for MOS 62E, heavy construction equipment operator, according to the enlistment contract incentive information section of his Statement of Understanding, USAREC Form 1150-R-E.

5.  According to AR 601-210, Regular Army and Reserve Enlistment Program, eligibility criteria for the BSSRB in part requires the soldier to have more than
3 months and less than 4 years break in service from the Regular Army before the date of reenlistment.

6.  On 27 July 1999, the Retention Management Division of the US Total Army Personnel Command rendered an advisory opinion that the applicant entered into the reenlistment contract in good faith that he was promised the BSSRB.  They recommended the soldier receive the BSSRB-1A for MOS 62E as an exception to policy.  In a rebuttal response from the applicant, he agreed with the advisory opinion.

CONCLUSIONS:

1.  That the applicant reenlisted in good faith for the BSSRB incentive and should be provided it as an exception to policy and regulation as a matter of justice.

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 for the individual, as an exception to policy and regulation, by:

a.  paying him the BSSRB-1A bonus for MOS 62E as contracted, to be paid according to the regulation pay schedule; and
b.  paying him immediately his initial BSSRB payment which is an amount equal to 50 percent of the total bonus.

BOARD VOTE:  

__IW____  __SK____  __EA___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__Irene N. Wheelwright__
		        CHAIRPERSON

INDEX

CASE ID	AR1999026675	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000127	
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.		
2.		
3.		
4.		
5.		
6.