PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 January 2001
	DOCKET NUMBER:   AR2000047321

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Ms. Brenda F. Hirschi		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		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 selective reenlistment bonus (SRB).

3.  The applicant states, in effect, that he was promised an SRB by his recruiter if he enlisted into the Regular Army in military occupational specialty (MOS 11M).  However he was denied the bonus after he enlisted.  

4.  The applicant’s military records show that after serving 5 months and 27 days of active Federal service in the United States Army Reserve (USAR), he enlisted on 15 June 2000 for a period of 3 years in MOS 11M, assignment to Fort Irwin, California and a broken service SRB (BSSRB).  He enlisted under option #18 with associated option #470.

5.  In the processing of this case a staff advisory opinion was obtained from the Total Army Personnel Command (PERSCOM) Retention Management Division which opined, in effect, that the applicant had been improperly informed that he would receive a BSSRB because he was not eligible and did not meet the criteria for entitlement to a BSSRB.  The PERSCOM further opined that the applicant would have had to had served in the Regular Army (RA) previously, that his most recent separation must have been from the RA, that he must have previously served continuously for 17 months, that he must have attained the pay grade of E-4 at the time of his previous separation from the RA and that he must have a cumulative total of at least 6 years when added to his new term of enlistment.  The PERSCOM opined that his request for payment of a BSSRB be denied.  The advisory opinion was provided to the applicant for comment and to date no response has been received.

6.  A staff member of the Board contacted officials at the PERSCOM to obtain further clarification of the advisory opinion.  Officials at the PERSCOM indicated that similar problems with the BSSRB have been experienced and that the recruiter improperly included code “470” as an associated option, indicating entitlement to a BSSRB, when the applicant clearly did not meet the criteria for the option.  The official also indicated that while the applicant’s contract was not fulfilled, separation for an unfulfilled contract was not recommended because the applicant did not request it.

7.  United States Army Recruiting Command (USAREC) message number       00-002 dated 7 January 2000 announced changes to the SRB and BSSRB programs.  It provides, in pertinent part, that changes were implemented on 10 January 2000 which added or increased SRB Multipliers to the BSSRB program.  MOS 11M was authorized an SRB of 1.5A, for enlistment in the minimum pay grade of E-4.  It also indicates that prior service applicants must enlist under primary option #18 with associated option code of #470 (SRB) or #471 (BSSRB).

8.  Army Regulation 601-210 provides the criteria, policies and procedures for enlistment into the Regular Army.  It states, in pertinent part, that every effort will be made to honor all promises made at time of enlistment.  When it has been determined that a defective enlistment exists in which a soldier was eligible to enlist but was not eligible for the options for which enlisted and the enlistment involved misrepresentation by recruiting personnel, upon which the soldier reasonably relied and thereby was induced to enlist or was the result of an administrative oversight by recruiting personnel in failing to detect that the soldier did not meet the requirements and the soldier did not knowingly contribute to the defective enlistment, the soldier may be separated from the service for an unfulfilled or defective enlistment agreement unless they choose to waive the option in lieu of separation.   

CONCLUSIONS:

1.  Notwithstanding the advisory opinion from the PERSCOM, the Board finds, as did the PERSCOM, that the applicant enlisted with the understanding that he would receive a BSSRB for enlisting in MOS 11M and his enlistment paperwork corroborates his claim. 

2.  While the applicant clearly did not then and does not now meet the established regulatory criteria for the BSSRB, the Board finds that the Department should honor the promises made to the applicant by awarding him the BSSRB as an exception to policy.

3.  Accordingly, he should be paid the BSSRB at the minimum rate necessary to qualify for payment of the BSSRB under the criteria in effect at the time, without regard to his current grade, prior service status, or time in service.

4.  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 authorized payment of a BSSRB for his enlistment of 15 June 2000, as an exception to policy, under the minimum criteria necessary to qualify for payment.

BOARD VOTE:  

___ao___  ___bfh __  ___teo __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian_____
		        CHAIRPERSON

INDEX

CASE ID	AR2000047321	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2001/01/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  288	128.0500/enl bonus	
2.		
3.		
4.		
5.		
6.