PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  15 February 2001
	DOCKET NUMBER:  AR2000043562

	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	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		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 he receive payment of his Regular Reenlistment Bonus (RRB) which he did not receive upon his first reenlistment of 5 February 1976.

3.  The applicant states that upon reenlisting in the past, this information was
not available, or given to him.  He also states that no bonus was paid, though authorized, as shown on his leave and earning statements (LES).  The applicant submits as evidence a copy of a personal letter to finance, a copy of DD Form 827 (Application for Arrears in Pay), copies of all LES’s for the period May 1974 to May 2000, reenlistment contracts to date, and a copy of Military Pay Message, dated 20 August 1996.

4.  The applicant’s military records show he was inducted on 17 February 1971 as a military policeman (95B).  He continued to serve until he was honorably discharged on 7 February 1973 and was transferred to the Army Reserve.  
From the available records it appears that he reenlisted on approximately 6 April 1973.  He reenlisted again on 5 February 1976 and was discharged on 2 February 1979.  

5.  After a break in service, he reenlisted in the USAR on 12 July 1986.  He continued to serve until he was honorably discharged on 21 November 1988 in order to reenlist.  He reenlisted in the Regular Army on 22 November 1988.  He continues to serve and is presently assigned to the 40th Military Police Detachment as a military police investigator at Fort Sill, Oklahoma.

6.  The LESs provided by the applicant show that he was on active duty prior to 1 June 1974, that he was not paid any reenlistment bonuses between 1 May 1974 and 2 February 1979, and that his reenlistment contracts show that he was not authorized any reenlistment bonuses.

7.  A Military Pay Message with a Date/Time Group of 202141Z August 1996, Subject:  Regular Reenlistment Bonus (RRB) Request, states, in pertinent part, that for entitlement to exist, the enlisted soldier must have been on active duty on 1 June 1974, and have reenlisted within 3 months from the date of discharge.  The cumulative amount of the RRB, or combination of a RRB, and a selective reenlistment bonus (SRB) may not exceed $2,000 dollars.  If a soldier has previously received an SRB, there is no entitlement unless that SRB is less than $2,000.  This message also indicated that the burden of proof must rest with the claimant.

8.  In the processing of this case an advisory opinion was provided by the Total Army Personnel Command (PERSCOM), Retention Management Division.
The PERSCOM stated that the applicant was on active duty on 1 June 1974 and
that he reentered the active component on 22 November 1988.  PERSCOM also stated that the applicant is entitled to a RRB payment for subsequent reenlistments and recommended that Defense Finance and Accounting Services (DFAS) verify that the applicant has not previously received a RRB/SRB payment.  Therefore, it was recommended that the applicant‘s request be approved contingent upon verification by DFAS of previous bonus payments.

9.  The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of his case.  The applicant responded with the timeframe allotted and concurred on 22 August 2000.

CONCLUSIONS:

1.  The evidence of record shows that the applicant has not been paid any RRB or SRB during the eligible period and was on active duty prior to 1 June 1974.  The evidence of record also shows that he reenlisted on 5 February 1976 without a break in service and was eligible to receive the RRB of $2000.  Therefore, he is entitled to correction of his records to show that he was authorized a RRB upon his first reenlistment on 5 February 1976 in the amount of $2,000.

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 for the individual concerned:

a.  by showing that he was authorized an RRB upon his first reenlistment on 5 February 1976; and

b.  by showing that he is entitled to the RRB in the amount of $2000. 

BOARD VOTE:  

__fe__  __mm______  ___mp__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043562	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	Active duty	
DISCHARGE AUTHORITY	AR . . . n/a	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  1025		
2.  		
3.		
4.		
5.		
6.