PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:             22 March 2000                  
	DOCKET NUMBER:    AR1999028725

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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 his $2,500.00 reenlistment bonus.

3.  The applicant states that he does not want to be discharged from the erroneous contract, that he wants his bonus.

4.  The applicant’s military records show that he enlisted in the Regular Army on 7 August 1991, was promoted to pay grade E-4, and was honorably released from active duty and transferred to an ARNG unit on 6 July 1995 by reason of reduction in force.

5.  On 1 July 1996 the applicant was honorably discharged from the ARNG by reason of defective enlistment, apparently due to the guard’s inability to pay him a promised bonus.

6.  On 22 December 1997 the applicant enlisted in the USAR for 3 years in pay grade E-4.  In conjunction with that enlistment he executed a bonus addendum for $2,500.00.

7.  On 12 July 1998 the applicant’s commander submitted a request for an exception to policy to pay the applicant his bonus.  The applicant’s commander stated that finance wouldn’t pay the bonus because the applicant had not completed his statutory military service obligation (MSO), a prerequisite for a prior service bonus.  That request was denied and the applicant’s commander was instructed to give the applicant the option of requesting discharge due to defective enlistment or to waive the bonus and remain assigned to his unit without that incentive.

CONCLUSIONS:

1.  The applicant had disclosed his prior service when he was enlisted in the USAR.  Since the applicant had been discharged by the ARNG, his recruiter erroneously concluded that he was eligible for a prior service enlistment bonus.

2.  Since the error was on the part of the Government and not the applicant, and since the applicant is obviously motivated to remain assigned to his USAR unit, it would be in the interest of justice to grant his request.

3.  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 paying to the individual concerned the $2,500.00 bonus, as provided by addendum to his 22 December 1997 enlistment in the USAR, as an exception to policy.

BOARD VOTE:  

_jma____  _tsk_____  __aao __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________James M. Alward______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028725	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000322	
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.	128.05	
2.		
3.		
4.		
5.		
6.