PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 February 2000            
	DOCKET NUMBER:   AR2000034978

	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. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr. 		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Raymond J. Wagner		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, in effect, that her entitlement to a $5,000 reenlistment bonus in the United States Army Reserve (USAR) be paid or that she be given a “breach of contract.” 

3.  The applicant states, in essence, that she was told that she had to reenlist in the USAR in November 1998.  Accordingly, she reenlisted on 22 November 1998 for 6 years with a $5,000 prior service enlistment bonus and entitlement to the Student Loan Repayment Program (SLRP) at the $10,000 repayment level.  She has been denied any payments and if she will not be paid, she requests, in effect, that her enlistment contract of 22 November 1998 be voided.  She would then revert to her original contract, with a scheduled separation date of 
9 December 2000.  

4.  The applicant’s military records show that she enlisted in the Delayed Entry Program (DEP), USAR, on 10 December 1992 for 8 years.  This made the expiration of her term of service (ETS) to be 9 December 2000.

5.  She was discharged from the DEP on 10 May 1993 and enlisted in the Regular Army (RA) on 11 May 1993, for 3 years.  She was trained in military occupational specialty (MOS) 92Y (Supply Specialist).  She was honorably discharged on 21 December 1995, in pay grade E-4, and reenlisted on 
22 December 1995 for 3 additional years in the RA.  

6.  On 20 April 1997, she was honorably separated and transferred to the USAR (Individual Ready Reserve) to complete her service commitment, in pay grade 
E-4.  The expiration of her term of service (ETS) was established as 9 December 2000.  She had 3 years, 11 months and 10 days active service.  

7.  On 29 April 1997, she was voluntarily reassigned from the Individual Ready Reserve to a Troop Program Unit (TPU) in North Carolina.  Her unit was designated as a USAR Selected Reserve Incentive Program (SRIP) unit.  Her ETS was still 9 December 2000.  

8.  On 22 November 1998, the applicant reenlisted in the USAR for 6 years.  Her new ETS was 21 November 2004.  

9.  Her enlistment options were for the Prior Service Bonus Option ($5,000 bonus) and the SLRP, with entitlement to $10,000 in payments.  There are no recorded bonus or SLRP payments.  

10.  On an unknown date in 1998 or 1999, she was transferred to another USAR TPU in North Carolina and was promoted to the rank of sergeant on 2 April 1999. 

11.  On 25 August 1999, her new unit requested from the Office of the Chief, Army Reserve (OCAR) that her reenlistment contract, dated 22 November 1998, be honored as an “out of cycle reenlistment contract ”…less the Prior Service Enlistment Bonus” and that the appropriate paperwork for the SLRP be initiated.  The OCAR responded that the applicant should apply to this Board for relief.  

12.  On 10 September 1999, the applicant was voluntarily ordered to active duty for 3 years as a member of the Army Guard/Reserve (AGR) program effective 
26 September 1999.  She currently is serving on active duty as a member of the AGR as a supply sergeant with a USAR military police battalion in Pittsburgh, Pennsylvania.  The end of her current AGR commitment is 9 September 2002, which is prior to the end of her current 6-year enlistment contract.

13.  Army Regulation 135-7 (Army Guard and Reserve Incentive Programs) at paragraph 2.1-2 provides that prior service soldiers enlisting in the Army National Guard (ARNG) and or a TPU of the Selected Reserve of the USAR may be offered an incentive of $2500 for enlistment for 3 years or $5000 for 6 years.  Soldiers enlisting with prior active duty service must have an honorable discharge and soldiers last discharged from the ARNG or USAR, must have a 12-month break in service.  Further, the soldier must reenlist in selected MOS’s announced by the Department of the Army 

14.  That same regulation, at paragraph 4-2, authorizes a reenlistment bonus for members of SRIP units in two categories; those that have less than 6 years at the time of reenlistment and those that have at least 6, but not more than 
10 years service at the time of their reenlistment.  Reenlistment must be accomplished within 3 months before or not more than 24 hours after their normal ETS.  Soldiers who reenlist for 6 years are entitled to a $2,500 bonus, paid at a set rate over the 6-year period of the contract.  Enlistments for 3, 4 or
5 years entitle the soldier to $1,250 bonus payments spread over the life of the contract.  However, this latter proviso applies only to soldiers with more than 
6 but less than 10 years service.  

15.  That same regulation, at chapter 5-1, outlines the criteria and procedures for determination of eligibility for the SLRP.  The SLRP incentive provides for the repayment by the government of designated portions of college loans obtained under the Higher Education Act of 1965, as further amended in 1975.  Soldiers are required to complete a DA Form 5261-4-R (SLRP Addendum) and the reenlistment period must be at least 3 years.  The soldier may only reenlist for this option if they are within 3 months of their normal ETS.  Payments of up to $10,000 are normally authorized, except up to $20,000 in payments may be authorized for critical MOS skills as specified by the Department of the Army.  

16.  As the result of her current enlistment contract, her membership in the AGR program and her ETS of November 2004, the applicant was contacted by the staff of the Board on 7 February 2000, and was given the following possible options, subject to final approval of the Board:  a)  Withdraw her application, without prejudice;  b)  Elect to continue to serve on her current enlistment without entitlement to any reenlistment bonus or eligibility for SLRP payments;  c)  void her current enlistment contract, and revert to the terms of her December 1994 enlistment contract, (ETS would be 9 December 2000), but she would be eligible to reenlist in the USAR between September-December 2000;  d)  void her November 1998 enlistment contract, and extend her December 1994 contract until September 2004, when she would complete her AGR assignment. 

17.  On 10 February 2000, the applicant responded and elected option “c” above. In essence, she is asking to revert to her prior enlistment contract.  Although she has a 3 year active service commitment in the AGR, she would be, in effect, separated at her ETS in December 2000, and her AGR contract would be voided at that time.  She could reenlist sometime during the last 3 months of her current enlistment contract, and continue with her AGR contract.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was serving on a valid USAR 6-year enlistment contract in November 1998, when she reenlisted in the USAR for 6 additional years of service.  Before reenlistment her ETS was established as 9 December 2000.

2.  On 22 November 1998, when the applicant reenlisted in the USAR for 6 years she was given two reenlistment options, the Prior Service Bonus Option and the SLRP at the $10,000 level of payment.

3.  However, she was not entitled to either enlistment option at that time.  The Prior Service Bonus Option could only be paid to former active duty soldiers or USAR/ARNG soldiers who reenlisted after a 1-year or more break in service.  They had to hold selected MOS’s as directed by Department of the Army.  Since the applicant was serving in a TPU of the USAR at the time of reenlistment, she was not entitled to this option.

4.  Secondly, she was not entitled to the SLRP option at that time.  This option is offered to soldiers who reenlist in the USAR to serve in SRIP units for 3-6 years.  However, for soldiers already serving in the USAR, the reenlistment must be accomplished not earlier than 3 months before their normal ETS but no later than 
24 hours after their ETS.  

5.  Therefore, the Board must conclude that the reenlistment contract, dated 
22 November 1998 is invalid since she was not entitled to the enlistment options for which she reenlisted.  

6.  However, the Board also concludes that their appears to be no deliberate attempts by the applicant to hide or otherwise cause an erroneous reenlistment.  Therefore, the Board determines that reenlistment contract in the USAR for 
6 years, dated 22 November 1998, should be voided without prejudice.

7.  Such an action would, in effect, return her to serving under her prior enlistment contract with a scheduled ETS of 9 December 2000.  Further, she then would have the opportunity to study her reenlistment options in the USAR and could enter into a new contract, with reenlistment options and incentives to which she is entitled, during the proper reenlistment window (10 September and 10 December 2000) if she should so desire.

8.  Notwithstanding the above, the Board also determined that she should be advised of her enlistment status and given an opportunity to select a course-of-action which would be consistent with fairness and equity in the USAR reenlistment program and the individual concerned.  

9.  Accordingly, the applicant was contacted by the staff of the Board on 
7 February 2000, and advised of her options.  She elected to revert to her prior enlistment option.  

10.  Additionally, upon completion of the directed actions, her pay accounts should be reviewed to ensure no erroneous payments were given to the applicant between November 1998 and the date the directed corrective action is taken.  Recoupment of any erroneous payments should be made, unless remission of indebtedness is approved through normal command channels.  

11.  Since the applicant moved from the North Carolina area to the western Pennsylvania area to participate in the AGR program, it would not be fair or equitable to void her AGR contract.  She should be permitted to serve out her AGR contract, consistent with her new  ETS of 9 December 2000.  

12.  If she does not see fit to reenlist later in 2000, her AGR contract would terminate with her separation from the USAR.  This should be a nonprejudical termination from the program, without any adverse affects or entries in her personnel records.  

13.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

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

	a.  by voiding the 6-year USAR reenlistment contract entered into by the individual concerned on 22 November 1998;

b.  by correcting all her personnel records to show that she continues to serve under the terms of her prior USAR service contract with an ETS of 
9 December 2000; and, 

	c.  by showing that her current status as a member of the AGR is not affected by this action, and that she remains a member of the program until 
9 December 2000, or a later date based on her contracted USAR/AGR service status. 

2.  That so much of the application as is in excess of the foregoing be denied.

3.  That upon completion of the above directed actions, that her pay accounts be reviewed to insure no erroneous enlistment option payments were made under the provisions of the contract dated 22 November 1998.  If payments were made, the individual concerned should be contacted to work out a reasonable repayment schedule. 

BOARD VOTE:  

__RVO__  __EB____  __RJW__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__RAYMOND V. OCONNOR JR._
		        CHAIRPERSON

INDEX

CASE ID	AR2000034978	
SUFFIX		
RECON		
DATE BOARDED	20000223	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY	DASA	
ISSUES         1.	112.03	
2.	112.04	
3.		
4.		
5.		
6.