PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:           10 October 2001 
	DOCKET NUMBER:   AR2001055177

	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. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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 correction of his military records to show that in 1987, when he received a 1.5A selective reenlistment bonus (SRB), he was authorized to receive a 3A SRB due to reenlistment in military occupational specialty (MOS) 13N.

3.  The applicant states, in effect, that he extended his initial enlistment contract by 
6 months so that he could remain in Germany for an additional year.  His MOS was 13N (Lance Crewmember).  He tried to reenlist when the SRB was 3A for MOS 13N, but his company commander, battalion commander, and reenlistment noncommissioned officer advised him that he could not cancel his extension to be eligible for immediate reenlistment.  The SRB dropped from 3A to 1.5A in May 1987.  He was not allowed to reenlist until 22 June 1987, due to his extension.  Had he been allowed to cancel his extension and reenlist, he would have received the 3A SRB for MOS 13N.  In support of his application, he submits a DA Form 1695 (Oath of Extension of Enlistment), dated 16 July 1986; a DA Form 3340 (Request for Regular Army Reenlist or Extension), dated 15 July 1986 and 12 May 1987; a DA Form 3286 (Statement for Enlistment), and a DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus), dated 22 June 1997.  He also submits DD Forms 4/1-4/2, dated 22 June 1987; an Enlisted Record Brief, dated 19 March 2001; a Memorandum for Record, dated 19 March 2001; and a copy of a DA Form 2-1 (Personnel Qualification Record).

4.  On 21 June 1983, the applicant enlisted in the Regular Army (RA) for a period of 4 years and training in military occupational specialty 15D (Lance Missile Crewmember).  His initial expiration term of service (ETS) date was 20 June 1987. On 16 July 1986, he extended his initial period of enlistment for an additional 
6 months.  His new ETS date was 20 December 1987.  On an unknown date in 1987, 15D was re-designated 13N (Lance Crewmember).

5.  On 11 May 1987, the applicant signed a DA Form 3340 indicating his desire to reenlist in the RA for a period of 6 years.  Item 4 indicates that he did not require a waiver.  On 12 May 1987, his commander recommended that the action be approved.  The disposition concerning this request is not a matter of record.

6.  On 22 June 1987, the applicant reenlisted in the RA for 6 years and an SRB of 1.5A in MOS 13N.  He was a sergeant, pay grade E-5.

7.  In connection with this application, the Total Army Personnel Command (PERSCOM) opined that the applicant was serving on an extension in Germany and was told that he could not cancel his extension.  In accordance with Army Regulation 601-280, a soldier may cancel an extension for the purpose of immediate reenlistment to become eligible for a bonus.  The PERSCOM recommends that the applicant's reenlistment date be amended show that he reenlisted on 29 May 1987, thus entitling him to receive a SRB of 3A in MOS 13N. 

8.  This opinion was referred to the applicant for comment, but he failed to respond.

CONCLUSIONS:

1.  The a DA Form 3340, dated 11 May 1987, requesting reelistment supports the applicant's contention that he tried to reenlist prior to June 1987 when the SRB was 3A for MOS 13N.

2.  The Board agrees with PERSCOM that the applicant should have been permitted to cancel his extension for the purpose of reenlisting in MOS 13N on 29 May 1987 in order to receive an SRB-3A.

3.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  Amending the 22 June 1987 reenlistment contract of the individual concerned to show that he reenlisted for a period of 6 years on 29 May 1987 with entitlement to an SRB-3A, in MOS 13N; and

b.  Paying to the individual concerned the appropriate difference in his reenlistment bonus.

BOARD VOTE:  

__LLS___  __CG___  __JRS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		     __Luther L. Santiful______
		        CHAIRPERSON

INDEX

CASE ID	AR2001055177	
SUFFIX		
RECON	 	
DATE BOARDED	20011010	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY	ASA	
ISSUES         1.	123.0000	
2.		
3.		
4.		
5.		
6.