MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           31 July 2001                   
	DOCKET NUMBER:   AR2001055347

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. John T. Meixell		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 paid a Selective Reenlistment Bonus (SRB) 1.5A (military occupational specialty (MOS) 92Y) effective date 31 January 1999.

APPLICANT STATES:  That at the time of his reenlistment he was on airborne status at Fort Bragg, NC.  He reenlisted for Europe but was told there were no airborne assignments available in Europe.  Once he arrived at the replacement detachment in Germany, however, he was assigned to the 1st Battalion, 508th Infantry in Vicenza, Italy where he performs airborne duties.

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

He enlisted in the Regular Army on 6 August 1998 for 3 years.  He completed basic training and advanced individual training and was awarded MOS 92Y (Unit Supply Specialist).  He was awarded the Parachutist Badge on 12 February 1999.

On 7 August 2000, the applicant reenlisted for 3 years.  He was not entitled to a bonus.

In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command (PERSCOM).  PERSCOM noted that Army Regulation 601-280, paragraph        5-5e(3) requires a soldier reenlisting for an A zone bonus to have a total of at least 6 years of active service at the new expiration term of service (ETS) date.  The applicant’s reenlistment of 7 August 2000 gives him 5 years and 1 day of active federal service at his new ETS.  He could request to voluntarily change his term of reenlistment to 4 years, entitling him to SRB 1.5A, MOS 92Y “w/p” or he could request separation for an unfulfilled reenlistment commitment.  (PERSCOM has stated that a request for a change in his term of reenlistment would involve his unit and PERSCOM, not a further application to the Board.)

A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

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.  In accordance to the advisory opinion, because of the applicant’s new ETS he was not entitled to SRB 1.5A for MOS 92Y “w/p” regardless of his airborne  status at the time of his 7 August 2000 reenlistment for 3 years.  (The Board cannot determine how the applicant arrived at his request for “effective date      31 January 1999.”)  The Board concludes that the two options offered by the advisory opinion are equitable and further relief would not be appropriate.
2.  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___  __aao___  __jtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2001055347	
SUFFIX		
RECON		
DATE BOARDED	20010731	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.