MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           3 December 2002                   
	DOCKET NUMBER:   AR2002068327

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Charmane Collins		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 given a $2,500.00 reenlistment bonus and a $10,000.00 Student Loan Repayment Program (SLRP).

APPLICANT STATES:  He was told by the unit's retention noncommissioned officer (NCO) that he was entitled to a bonus.  When he didn't receive his bonus, he was told that he was entitled to a bonus at the time of his reenlistment, but since he didn't execute a bonus addendum, he could not receive the bonus.

In support of his request the applicant submits his reenlistment document, documents pertaining to attempts to get the applicant a reenlistment bonus, and a letter from his commander.  In that letter, the applicant's commander stated that while the retention NCO could not remember the specifics concerning the applicant's enlistment, the commander believes his account of what occurred during his reenlistment.  The applicant's commander attests to the applicant's performance of duty and dependability, and adds that granting the applicant's request would be a small price to pay to retain him in the service.

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

On 19 October 1997, the applicant, a reservist assigned to a troop program unit in pay grade E-4, reenlisted for 6 years.  On his enlistment document it shows that he had 3 years and 3 months of prior active service, and 7 years and 3 months of prior inactive service.  The applicant's enlistment contract does not contain a bonus or SLRP addendum.

In the processing of this case an advisory opinion was obtained from the Deputy Chief of Staff, G-1.  The G-1 stated that on the date the applicant reenlisted, bonus's were only authorized for reservists with less than 10 years of total military service.  The applicant had over 10 years of total military service at that time.  The law governing the payment of bonuses was changed on 18 November 1997.  That change increased the maximum allowable years of total military service to qualify for a bonus from 10 years to 14 years.  The G-1 recommends disapproval of the applicant's request.  The applicant was provided a copy of this advisory opinion and given an opportunity to respond.  The applicant did not respond.

Army Regulation 135-7, in effect at the time, paragraph 4-2, authorized a reenlistment bonus for reservists who were assigned to designated units or who held designated military occupational specialties.  However, to qualify the reservist had to have at least 6, but not more than 10, years of total military service at the expiration of their terms of service (ETS).

On 18 November 1997 Public Law 105-85 changed Title 37, Section 308b.  That change increased the maximum allowable years of total military service for a reservist to qualify for a bonus from 10 years to 14 years.

The SLRP provides for the repayment by the Government of a designated portion of any outstanding student loan(s) secured after 1 October 1975.  To be eligible for the SLRP incentive, a reservist must hold a designated military occupational specialty, must serve in the Selected Reserve for a full term of the contractual agreement and must further obligate himself to continue to serve in the same component and the same MOS unless excused for the convenience of the Government.  

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.  The applicant exceeded the maximum allowable years of service, as prescribed by law, to qualify for a bonus.  As such, he was properly not given a bonus addendum to execute at the time of his reenlistment.

2.  While the applicant states that he was told by his unit's Retention NCO that he would receive a bonus, he has not submitted any evidence to support that allegation.

3.  As for the SLRP, the applicant has not provided any evidence, and his records do not contain any documents to support, his contention that he was told he would receive that incentive.  In addition, the applicant has not submitted any documentation to show that he was eligible for that incentive if he had executed a SLRP addendum.

4.  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

___jea___  ___cc___  ____fne _  DENY APPLICATION

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

INDEX

CASE ID	AR2002068327	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021203	
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.	128.05	
2.		
3.		
4.		
5.		
6.