MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            3 August 2000                  
	DOCKET NUMBER:   AR2000035128

	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. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Orville W. Troesch, Jr.		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 enlistment bonus.

APPLICANT STATES:  Due to the rapid pace of his enlistment processing, his total service was miscalculated.  He states that since this mistake was not anybody’s fault, he should be given the bonus.  He adds that the new policy to allow bonuses for reservists with up to 14 years of service was implemented shortly after his enlistment.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  The following information was extracted from documents submitted by the applicant.

He enlisted in the USAR on 27 January 1997 for assignment to a troop program unit in pay grade E-6.  As part of his enlistment he completed a cash bonus addendum in which he initialed the block that stated “I have less than 10 years total military service and am enlisting for 6 years for a bonus of $5,000.00.”

On 8 October 1999 the US Army Reserve Command (USARC) responded to a Congressional Inquiry concerning the applicant’s bonus.  In that response the USARC stated that in order for a reservist to have been eligible for a cash bonus at the time of the applicant’s enlistment, he or she must have had a total of less than 10 years of service.  Since the applicant had 10 years and 7 days of service, he was not entitled to the bonus. 

Army Regulation 135-7 authorizes bonuses for individuals who either enlist or reenlist in the USAR in either a critical military occupational specialty or a critical unit, as designated by the Department of the Army, for at least 6 years.  Prior to 17 November 1997 reservists must have had less than 10 years total service to qualify for a bonus.  On and after 17 November 1997 reservists must have less than 14 years of total service to qualify for a bonus.

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.  The applicant, not his recruiter, stated that he had less than 10 years of service and, because he had less than 10 years of service, he was entitled to a bonus.  This is not a case of recruiter error.

2.  The applicant did not meet the criteria for a bonus at the time of his enlistment.  To grant his request would be giving him an incentive not offered to others in comparable situations.

3.  The law changing the maximum number of years of service a reservist could attain to be eligible for a bonus became effective 9 months after the applicant’s enlistment.  This is not viewed by the Board as close proximity to his enlistment.

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

__jns____  ___esc___  ___owt _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000035128	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.