PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:             12 October 2000                  
	DOCKET NUMBER:     AR2000037076

	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. Carl W. S. Chun		Director	
	Mr. W. E. Schnupp		Analyst	

  The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. John E. Denning		Member	
	Ms. Carol Jo Suiter		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 authorized a $3,000.00 enlistment bonus and the Student Loan Repayment Program (SLRP) in the amount of $10,000.00.

3.  The applicant states that the bonus and the SLRP were included in the contract that he signed when he enlisted but were later denied due to an administrative oversight.

4.  In support of his request, he has provided a copy of his enlistment documents showing that he was enlisted for a bonus and for the SLRP incentive, and a copy of his request for an exception to policy letter with six endorsements denying him the bonus and the SLRP.

5.  The applicant’s military records show that he enlisted in the US Army Reserve (USAR) with no prior service for assignment to a troop program unit on 9 February 1999.  In conjunction with his enlistment, the military occupational specialty (MOS) and the unit for which he enlisted were considered critical and authorized incentives, he signed addenda for a $3,000.00 enlistment bonus and a $10,000.00 SLRP.  

6.  On 6 May 1999 his unit was advised by The Office of the Chief, Army Reserve (OCAR) that due to an administrative error the applicant’s MOS (57E, Laundry and Shower Specialist) had been erroneously deleted from the Selected Reserve Incentive Program (SRIP) list.  Applicant’s who had enlisted during Fiscal Year 1999 were advised to request an exception to policy to receive their incentives.

7.  On 17 October 1999 an exception to policy for the incentive was submitted on behalf of the applicant by his unit.

8.  On 19 November 1999 OCAR recommended approval of the request, however, the Office of the Deputy Chief of Staff for Personnel, Headquarters Department of the Army (HQDA) denied the request for exception to policy on the basis that at the time of the applicant’s enlistment his MOS and the unit he had enlisted for were not authorized the incentives.  HQDA suggested that he apply to this Board for relief.

9.  Army Regulation 135-7 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.  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.  A soldier is eligible for a $1,500 bonus for an approved skill and a $3,000.00 bonus for both an approved skill and unit.

CONCLUSIONS:

1.  At the time of his enlistment the applicant, the recruiting personnel involved and his unit believed that he was enlisting in a unit and for a skill that were authorized a bonus.  He signed an appropriate contract promising him a $3,000.00 enlistment bonus and $10,000.00 SLRP incentive.  

2.  It appears that the Army recognized that an error had occurred when it announced that the applicant’s MOS had been inadvertently omitted from the SRIP list and encouraged requests for exception to policy from soldiers affected by the omission.

3.  It is more than a little confusing when one segment of the Army staff announce that an exception to an Army program is justified only to have another segment of the staff overrule that announcement.  Nonetheless, the soldier should not end up being penalized for the confusion. 

4.  Accordingly, since the applicant apparently entered into his contract in good faith and the recruiting personnel did likewise, it would be equitable and appropriate to grant him the incentives for which he enlisted.

5.  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 showing that as an exception to policy the individual concerned is authorized a $3,000.00 enlistment bonus and a $10,000.00 SLRP incentive retroactive to his enlistment on 9 February 1999.

BOARD VOTE:  

___jdm__  ___jed___  ___cjs_ _  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________John D. Miller_______
		        CHAIRPERSON

INDEX

CASE ID	AR200003	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001012	
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.	112.00	
2.	128.05	
3.		
4.		
5.		
6.