PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            26 September 2000                 
	DOCKET NUMBER:   AR2000037485

	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. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 a reenlistment bonus.

3.  The applicant states he initially inquired about enlisting into the United States Army Reserves (USAR) for the drill sergeant program and enlisting for a 2 year period.  He was counseled that if he would enlist for 6 years he would be eligible for a $5,000.00 bonus.  After reenlisting and not receiving the expected checks he inquired and was informed that he had been erroneously enlisted.  In support of his appeal the applicant submitted a supporting letter from his battalion commander; a letter prepared by the Military Personnel Officer of the 104th Division; a letter written by the Chief, Personnel Management Division, Headquarters, USAR Command; and a copy of his enlistment documents.

4.  The applicant’s military records are not available.  The information herein was provided by the applicant.

5.  DD Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the United States.  The document reflects that the applicant an E-4 enlisted on 17 January 1997 into the USAR for a period of 6 years.  Section IX of the form is initialed to indicate that an addendum has been completed.

6.  The applicant and guidance counselor on 17 January 1997 authenticated DA Form 3540-R, Certificate and Acknowledgment of USAR Service Requirements and Methods of Fulfillment.  In section IX – Additions or changes to this certificate, the words “DA Form 5261-5-R P/S Bonus 5000.00” are handwritten in the block.

7.  The applicant and guidance counselor authenticated DA Form 5261-5-R, Selected Reserve Incentive Program – USAR Prior Service Enlistment Bonus Addendum, on 17 January 1997.  In section V – Entitlement, the applicant initialed the box, which indicates that he was enlisting for 6 years, and he was eligible for a prior service enlistment bonus of $5,000.

8.  On 18 March 1999 a letter prepared by the Military Personnel Officer of the 104th Division explains that the bonus the applicant enlisted for was for prior service soldiers who held the “X” (drill sergeant) identifier.  The applicant was an 11B10 and not an 11B1X; therefore, he was not eligible for the bonus.  The applicant has subsequently graduated from the drill sergeant school and now holds the “X” identifier.

CONCLUSIONS:

1.  The applicant’s contention that he reenlisted for a longer period as a result of believing he was eligible for a bonus is fully supported by the records available.  The Board agrees with the applicant that he made a contract in good faith with the government that he would enlist for 6 years in the USAR, with the understanding that the government would pay him a $5000.00 bonus.  It would be unfair and unjust to the applicant if the Army did not now keep its portion of the contract as approved and prepared by its representatives.

2.  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 the individual concerned is entitled to receive a prior service enlistment bonus in the amount of $5,000.00 in military occupational speciality 11B10 as an exception to policy, and in accordance with the terms of his enlistment contract dated 17 January 1997.

BOARD VOTE:  

___aao__  ___mhm_  _____tfb_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__________Arthur A. Omartian________
		        CHAIRPERSON

INDEX

CASE ID	AR2000037485	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2000088	
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.		
2.		
3.		
4.		
5.		
6.