MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           20 August 2002                  
	DOCKET NUMBER:   AR2002069090

	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:

	Ms. Melinda M. Darby		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. Curtis L. Greenway		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 his reenlistment bonus

APPLICANT STATES:  That he was not only promised the enlistment bonus, it was made a part of his reenlistment contract.  

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

He enlisted in the US Army Reserve (USAR) Delayed Entry Program on 1 May 1978 and into the Regular Army on 28 November 1978.  He was honorably released from active duty and transferred to the USAR on 26 November 1982.

He remained assigned to the USAR, serving through reenlistments, and was promoted to pay grade E-6.

On 27 September 1998, the applicant immediately reenlisted in the USAR for 6 years.  In conjunction with that reenlistment, he completed a bonus addendum which was properly countersigned.  In that addendum the applicant certified “I am reenlisting/extending for six years and have less than 14 years of total military service at ETS.”

On 25 October 2000, a deputy inspector general notified the applicant that he had researched his case and determined that he wasn’t entitled to a reenlistment bonus because he had over 14 years of service at the time of his reenlistment.

Army Regulation 135-7, paragraph 4-2, authorizes a reenlistment bonus for reservists who are assigned to selected units or who hold selected military occupational specialties.  These reservists must have at least 6, but not more than 14, years of total military service at their ETS, and must reenlist within 3 months before or 24 hours after their ETS.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  At the time the applicant reenlisted, he had 20 years, 7 months and 10 days of creditable service, which exceeds the 14-year service limitation for a reenlistment bonus.

2.  Since the applicant, himself, certified that he had less than 14 years of service in order to qualify for the reenlistment bonus, the Board does not consider his being offered a bonus an error on the part of the Army, or an injustice.  The officer processing his reenlistment would have reasonably expected a staff sergeant to know how many years he had served.

3.  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

____mmd  ___rwa__  ____clg__  DENY APPLICATION

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

INDEX

CASE ID	AR2002069090	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020820	
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.