MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 January 2001
	DOCKET NUMBER:   AR2000043750

	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	
	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Thomas E. O’Shaughnessy, 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 awarded a Selective Reenlistment Bonus (SRB) as indicated on the first page of his enlistment contract (DD Form 4/1) dated 19 November 1982.

APPLICANT STATES:  He spent almost 5 years on active duty working under an enlistment contract, signed by the Army, that stated that he was entitled to an SRB.  He states that It took the Army 5 years to correct the error and notify him that the old enlistment contract was voided.  He further states that it was never his intent to reenlist in an avenger crewmember military occupational specialty and the only reason he did so was because he signed a legal binding contract with the Army stating that he would receive a bonus.  He continues by stating that he applied to this Board to have the enlistment contract voided; however, he rotated overseas under the same contract and it was approximately 5 years later that the contract was voided.  He states that he sought the advice of a Judge Advocate General (JAG) officer who informed him that he was entitled to the SRB because it was the only legal binding contract in place at that time.  He concludes by stating that the JAG officer told him that he probably had to wait until he left the service to get the SRB either through the Army or the Federal Courts.

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

On 19 April 1977, he enlisted in the Army for 3 years in the pay grade of E-1.  He successfully completed his training and was awarded an avenger crewmember military occupational specialty (MOS).  

He completed 2 years, 5 months and 11 days of total active service and he reenlisted in the Army for 4 years in the pay grade of E-4 on 30 September 1979. His reenlistment contract indicates that he was awarded an SRB-1A during this period of enlistment.

He completed 5 years and 7 months of total active service and on 19 November 1982 he reenlisted again for 6 years in the same MOS in the pay grade of E-5.  His reenlistment contract indicates that he reenlisted for an SRB-1A.  However, shortly after his reenlistment, the applicant was notified that he was not entitled to another SRB-1A.

On 19 January 1983, the applicant submitted an application to this Board requesting that his records be corrected by voiding his 19 November 1982 reenlistment contract and by affording him the opportunity to reenlist.  This administrative action would adjust his expiration term of service (ETS) date to 29 September 1983.

On 23 March 1983, this Board granted his request.  The Board directed that all of the Department of the Army records be corrected to show that the action taken to honorably discharge the applicant from the Army on 18 November 1982 and that all action taken to reenlist him for a term of 6 years on 19 November 1982 be voided.  However, according to the applicant, he never received the Board Proceedings.  Therefore, the action directed by the Board to void his 19 November 1982 reenlistment was never accomplished and he remained on active duty.

On or about 20 March 1987, over 4 years after he submitted his initial application, the applicant submitted another application to this Board requesting that his 19 November 1982 reenlistment contract be voided.  He stated that he was not informed of the results of his Board’s decision on his initial application (19 January 1983).  The Board determined that since the applicant’s reenlistment contract was voided by its 23 March 1983 decision, amending that decision to reflect a 48-month extension of enlistment and adjusting his ETS date to 29 September 1987 was the appropriate relief.  His records were corrected accordingly.

The applicant had completed 10 years, 4 months and 14 days of total active service when he reenlisted in the Army again on 3 September 1987 for 3 years in the same MOS.  He remained on active duty through continuous reenlistments until he obtained sufficient service for retirement.  On 31 August 1997, he was honorably released from active duty and was transferred to the Retired Reserve in the pay grade of E-8.  He had completed 20 years, 4 months and 12 days of total active service.

Army Regulation 601-280, section 5 provides, in pertinent part that the SRB program is a retention incentive paid to soldiers in certain selected MOSs who reenlist for a minimum of 3 years.  The objective of the SRB program is to increase the number of reenlistments in critical MOSs that do not have adequate retention levels to man the career force.  Although Department of Defense policy permits SRB payments of up to $45,000.00, soldiers may be paid bonuses up to six times their monthly basic pay at discharge, times the number of years of additional obligated service, or $20,000.00, whichever is less.  A qualified soldier may be paid an SRB only once within each zone of eligibility. 

The same regulation also provides that a soldier with exactly 6 years of service on the date of discharge will be entitled to an SRB-1A.  However, the soldier must be otherwise eligible and have not previously received a zone A SRB.  

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

1.  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.

2.  The applicant’s contentions have been noted by the Board.  However, the evidence of record clearly shows that he had already received a Zone “A” SRB and at the time of his reenlistment on 19 November 1982, he was not entitled to receive another one.

3.  The Board also notes the applicant’s contention that he would have changed his MOS had he known that he would not receive the SRB.  Although the Board’s initial decision to void his 19 November 1982 reenlistment, failed to reach him in a timely manner, the Board later granted him relief by adjusting his ETS date to 29 September 1987.  

4.  He had the option of being discharged from the service on 29 September 1987 or changing his MOS at the time of his reenlistment on 3 September 1987.  He opted to continue to reenlist until he had completed 20 years, of total active service in the same MOS.  Although he may now believe he made the wrong choice, he should not be allowed to change his mind at this late date.

5.  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

__wtm __  ___ls____  ___teo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000043750	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/23	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  222	112.0000	
2.  226	112.0400	
3.		
4.		
5.		
6.