PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           3 November 1999                   
	DOCKET NUMBER:   AR1999027180

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Stanley Kelley		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 records be corrected to reflect he was authorized selective reenlistment bonus (SRB) 1B for reenlisting as a 92Y3P (76Y3P).

3.  The applicant states that when he reenlisted in July 1993 there was an SRB 1B for 92Y3P.  However, he was told that because he was not on airborne status at the time of his reenlistment he was not authorized that bonus.  He includes orders dated 5 October 1993 assigning him to Fort Campbell, KY, orders dated 24 January 1994 authorizing him parachute pay, a jump refresher grade slip dated 4 February 1994, and orders dated 9 September 1996 attaching him to the 5th Special Forces Group as supporting evidence.

4.  The applicant's military records show he enlisted in the Regular Army on      30 August 1984.  He was awarded military occupational specialty (MOS) 76Y (Supply Specialist) (later converted to MOS 92Y).  He completed basic airborne training and was awarded special qualification identifier (SQI) P (airborne qualified).  

5.  The applicant reenlisted on 25 October 1990 for 3 years, making his expiration term of service (ETS) 24 October 1993.  He was promoted to Staff Sergeant on 1 April 1991.

6.  Military Personnel Message #93-176 date/time group 291600Z April 1993 terminated the SRB for MOS 76Y/92Y with SQI P effective 30 May 1993.

7.  On 26 July 1993, the applicant reenlisted for 4 years with no bonus entitlement.  

8.  Military Personnel Message #93-259 date/time group 271600Z August 1993 reinstated the SRB for 76Y/92Y with SQI P for ranks Staff Sergeant and Sergeant First Class effective 30 August 1993.

9.  In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command (PERSCOM).  That office noted that the SRB for MOS 76Y/92Y with SQI P was terminated effective 30 May 1993.  The SRB was reinstated for MOS 76Y/92Y with SQI P for ranks Staff Sergeant and Sergeant First Class effective 30 August 1993.  That office recommended disapproval of the applicant’s request as there was no bonus in effect for his MOS/SQI at the time of this 26 July 1993 reenlistment.

10.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  He did not respond within the given time frame.

11.  A telephone conversation between an analyst with the Board on 18 October 1999 and Reenlistment Branch, PERSCOM indicated that in 1993 a soldier had an 8-month window in which to reenlist (he could reenlist at any time in the 8 months prior to his ETS).

12.  A telephone conversation between an analyst with the Board on 19 October 1999 and Reenlistment Bonus Branch, PERSCOM indicated that, in order to qualify for an SRB of 1B in 1993 a soldier had to reenlist for at least 3 years and ensure his new ETS took him to over 10 years of active service.

CONCLUSIONS:

1.  The Board concludes that an injustice occurred in this case.  

2.  The applicant’s ETS was 24 October 1993.  His reenlistment window extended from 24 February – 24 October 1993.  Military Personnel Message #93-176 date/time group 291600Z April 1993 terminated the SRB for MOS 76Y/92Y with SQI P effective 30 May 1993, 30 days later.  (There had been no requirement that a soldier actually be on airborne status.)  Had his retention non-commissioned officer properly counseled him, he could have reenlisted prior to 30 May 1993 and so been eligible for the SRB prior to its termination.  

3.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

     a.  voiding the applicant’s reenlistment of 23 July 1993; and

     b.  showing he reenlisted on 29 May 1993 for 4 years with entitlement to an SRB 1B for MOS 76Y/92Y, SQI P (any other reenlistment options remaining the same).

BOARD VOTE:  

_fne____  __esc___  __sk____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Fred N. Eichorn
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999027180	
SUFFIX		
RECON		
DATE BOARDED	19991103	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.	128.05	
3.		
4.		
5.		
6.