MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            6 January 2000                 
	DOCKET NUMBER:   AR1999028722

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Allen L. Raub		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 $1,500.00 enlistment bonus.

APPLICANT STATES:  That he was promised a cash bonus but later discovered that a mistake had been made, that his unit was not approved for a bonus.

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

He enlisted in the USAR with no prior service for assignment to a troop program unit (TPU) on 19 June 1995.  In conjunction with his enlistment he signed addenda for a $1,500.00 cash bonus, $10,000.00 Student Loan Repayment Program (SLRP), and the Montgomery GI Bill (MGIB).

Army Regulation l35-7 authorizes cash bonuses for nonprior service USAR enlistees who either enlist or reenlist, as appropriate, in either a critical skill or a critical unit, as designated by the Department of the Army, for at least 6 years.  Individuals who reenlist for a critical skill must have a valid position vacancy which requires the skill authorized the bonus, be skill qualified for the position at the time of reenlistment, and be of the proper grade for the position.  

Army Regulation 135-178 sets forth the basic authority for the separation of reserve enlisted personnel.  Chapter 9 provides for individuals who were promised a benefit in conjunction with their enlistment or reenlistment which the Army cannot honor.  These individuals have the option of either requesting immediate discharge or waiving the benefit and remaining 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.  Since the applicant did not enlist for a skill or a unit which was approved for a bonus, he was not entitled to that incentive.

2.  While it is certainly unfortunate that a mistake was made in offering him a bonus, such errors do occur and are provided for by regulation.  The applicant could have elected immediate discharge due to his defective enlistment incentive.  However, if he had done that he would have lost his $10,000.00 SLRP and MGIB.

3.  To grant the applicant’s request would be in contravention of the Congressional intent of the bonus program, to use that incentive to fill critically short skills or units.

4.  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

_ew_____  _sk_____  _alr_____  DENY APPLICATION

Karl F. Schneider
Director, Army Review Board Agency

INDEX

CASE ID	AR1999028722	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000106	
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.