MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           2 October 2001                  
	DOCKET NUMBER:   AR2001056648

	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	
	Mr. Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Karol A. Kennedy		Member	
	Mr. Richard T. Dunbar		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 an enlistment bonus.

APPLICANT STATES:  In effect, that when he reenlisted on 12 February 2000, he was informed that he would receive a bonus of $2,500.00.  Later, he was informed that he did not qualify for the bonus because he had too many years of service.  He believes that the government should have known his total number of years of service.  Since they did not and made an error he is entitled to the bonus.  If he is unable to receive the bonus he will seek to have his contract voided.

In support of his request, he submits a letter from the USA Recruiting Command (USAREC), and a copy of his enlistment forms.  The letter indicates that USAREC conducted an inquiry into the applicant’s allegations.  They determined that an error was made at the time of the applicant’s enlistment into the USAR.  His enlistment contract did reflect that he was authorized a cash bonus, when in fact, at the time of his enlistment, he did not qualify for a bonus due to his time in service.  The applicant’s options were accept the contract “as is” without the benefit of the enlistment option in question, or he could choose to submit an exception to policy for the cash bonus to be applied in good faith, or he could apply to this Board.

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

He enlisted in the USAR on 19 July 1978, entered the Regular Army on 14 June 1979 and was honorably released from active duty and transferred to the USAR Control Group on 12 June 1982.  He then transferred from the USAR Control Group to an USAR unit on 28 June 1982; he immediately reenlisted in an USAR unit on 13 July 1984 and immediately reenlisted for an USAR unit on 6 May 1990.  He then transferred to the USAR Control Group at his own requests on 1 November 1994 and was subsequently discharged on 7 May 1996.  He reenlisted in the USAR on 12 February 2000 and is currently in an USAR unit.

A DARP Form 249, Chronological Statement of Retirement Points, dated 30 July 1988, reflects that the applicant was credited with 8 years of qualifying service.  The applicant certified that the statement was correct.

On 6 May 1990, the applicant reenlisted in the USAR for a period of six years.  The enlistment form shows that on the day of enlistment the applicant had 

2 years, 11 months, and 29 days total active military service and 8 years, 11 months, and 14 days total inactive military service.  A combined total service period of 11 years, 11 months, and 13 days.

A DARP Form 249 dated 8 December 1990 reflects the applicant was credited with 12 years total qualifying service.

His  DD Form 214, Certificate of Release or Discharge from Active Duty, reflects that the applicant entered onto active duty in support of Desert Shield/Desert Storm.  He was on active duty for the period 20 September 1990 to 29 May 1991. The applicant was credited with 8 months and 10 days net active service this period; with 2 years, 11 months, and 29 days total prior active service; and with 9 years, 2 months, and 3 days total prior inactive service.  A combined total service of 12 years, 10 months and 12 days.

On 12 February 2000, after a break in service, he enlisted at the Pittsburgh, Pennsylvania, Military Entrance Processing Station.  He enlisted into the USAR for a period of six years.  He indicated by his initials that he had less than 10 years total military service and was enlisting for a bonus of $2,500.00.

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.  The applicant began his military affiliation with the USAR in 1978.  He then served continuously in the Regular Army and the USAR until 1994 – a service period of 16 years.  Throughout his career he received several official documents to include a Chronological Statement of Retirement Points and a DD Form 214, which informed him he had more than 10 years of service prior to his 12 February 2000 enlistment.  The applicant indicated by his initial on the enlistment document that he had less than 10 years of service, which made him eligible for the bonus.  He has provided no reasonable explanation as to why, when he enlisted on 12 February 2000, he believed that he had less than 10 years of service.  Later, when his service period was verified, he was informed he was not eligible for the bonus.  The Board concludes that it was action by the applicant himself that led to his enlistment for a bonus for which he was not eligible.  The Board does not believe that an error or injustice exists in his case and, therefore, must conclude that the actions taken by the Army were proper.

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

__mkp___  ___kak __  ____rtd _  DENY APPLICATION

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

INDEX

CASE ID	AR2001056648	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011002	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	112.04	
2.		
3.		
4.		
5.		
6.