MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  13 July 2000
	DOCKET NUMBER:  AR2000037514

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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 entitled to a reenlistment bonus.

APPLICANT STATES:  That at the time of his reenlistment his Military Occupational Skill (MOS) of 74C, telecommunications specialist, was entitled to a bonus.

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant was serving on active duty in grade E-4 as a telecommunications specialist.  On 31 July 1998 he reenlisted for 5 years in his MOS of 74C.

The DD Form 4/1(Enlistment/Reenlistment Document), in block 8 b., states “No Bonus Entitlement.”  The applicant acknowledged this statement with his initials.

On 18 December 1998 the applicant was awarded the Parachutist Badge for successful completion of basic airborne training.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  The opinion notes that Army Regulation (AR) 601-280 requires that a soldier possess the bonus skill at the time of reenlistment and the bonus eligibility for MOS 74C required the additional skill of parachutist.  The PERSCOM recommends denial of his request.  A copy of the advisory opinion was provided to the applicant for possible rebuttal but no response was received within the established time frame.

AR 601-280 provides the policy for reenlistment.  It states, in pertinent part, that to qualify for a reenlistment bonus the soldier must meet all the criteria announced for that MOS at the time of reenlistment.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1.  At the time of the applicant’s reenlistment he was notified that he was not eligible for a bonus, which he acknowledged with his initials.  The regulation specifies that all bonus eligibility requirements must be met at the time of reenlistment.

2.  The PERSCOM opinion notes that the bonus for MOS 74C included the requirement for parachutist qualification.  The evidence of record clearly shows that he did not complete airborne training until 5 months after his date of reenlistment.

3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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

__jp_  ___mm____  __ja____  DENY APPLICATION

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

INDEX

CASE ID	AR2000037514	
SUFFIX		
RECON		
DATE BOARDED	20000713	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.