MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            13 August 2002                 
	DOCKET NUMBER:    AR2002070389

	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. Ted S. Kanamine		Member	
	Ms. Lana E. McGlynn		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:  Reconsideration of his earlier appeal to correct his military records by paying him the remainder of his original $5,000.00 reenlistment bonus, and paying him his second $5,000.00 reenlistment bonus. 

APPLICANT STATES:  That a portion of his first bonus was not paid due to unit closures in 1994.  Then a portion of what he had already received was recouped and a portion of the amount recouped was paid back to him.  When the payments and recoupments are totaled, he did not receive the full $5,000.00 bonus.  His second reenlistment bonus was for his having a skill approved for a bonus.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case (AR2001061865) on 14 February 2002.

In support of his request for reconsideration, he submits his second bonus addendum and correspondence from him attempting to convince finance to pay the remainder of his original $5,000.00 enlistment bonus, and the entirety of his second $5,000.00 reenlistment bonus, and the responses he received to that correspondence.

The applicant enlisted in the US Army Reserve (USAR) for 6 years on 30 August 1991.  In conjunction with that enlistment he completed a $5,000.00 bonus addendum for his enlistment as a traffic management coordinator, Military Occupational Specialty 88N.

On 16 April 1992, the applicant was voluntarily transferred between units of the 1st Battalion, 361st Regiment, 1st Brigade (1/361/1), where he was assigned as an infantryman.

On 1 October 1995, the applicant was involuntarily transferred to the USAR Control Group (Reinforcement) due to unit inactivation.  He received separation pay as a result of his involuntary separation.

On 2 December 1996, the applicant was assigned to another USAR unit.

On 19 November 1999, the applicant reenlisted for 6 years.  He completed an addendum for a $5,000.00 reenlistment bonus in conjunction with that reenlistment.

In accordance with Army Regulation 135-7, paragraph 2–6, Termination, an enlistment bonus entitlement will stop if the soldier moves to a non-bonused unit or MOS or is reclassified in an MOS other than that for which contracted.  

Paragraph 2.1–3, Eligibility, of this regulation, states that a cash bonus is offered to any person who meets all of the following requirements:  a. Received an honorable discharge at the conclusion of his or her last period of military service.  b. If last discharged from the ARNGUS or USAR, the applicant has been out of the military service for at least 12 months.  c. Has completed his or her statutory military service obligation.  d. Has less than 10 years of total military service.  
e. Is not being released from active duty or full–time National Guard duty (FTNGD) for the purpose of enlistment in the USAR.  f. Is not enlisting to qualify for a permanent civilian position where membership in the Selected Reserve is a condition of civilian employment.  g. Has not previously been paid a bonus for enlistment, reenlistment, or extension of an enlistment in any Reserve Component of the Armed Forces.  h. Meets the eligibility criteria for enlistment in the USAR as a prior service (PS) applicant as prescribed by AR 601–210.  
i. Enlists after 1 Mar 1991 for a period of 3 years ($2,500 bonus) or 6 years ($5,000 bonus).

The applicant’s contentions are new argument that requires Board consideration.

Army Regulation 15-185 sets forth the policy and procedures for the ABCMR.  It provides that, if a request for a reconsideration is received within one year of the prior consideration and the case has not been previously reconsidered, it will be resubmitted to the Board if there is evidence (including but not limited to any facts or arguments as to why relief should be granted) that was not in the record at the time of the Board’s prior consideration.  The staff of the Board is authorized to determine whether or not such evidence has been submitted.

The regulation provides further guidance for reconsideration requests that are received more than 1 year after the Board’s original consideration or after the Board has already reconsidered the case.  In such cases, the staff of the Board will review the request to determine if substantial relevant evidence has been submitted that shows fraud, mistake in law, mathematical miscalculation, manifest error, or if there exists substantial relevant new evidence discovered contemporaneously with or within a short time after the Board’s original decision.  If the staff finds such evidence, the case will be resubmitted to the Board.  If no such evidence is found, the application will be returned without action.

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’s original enlistment bonus was properly terminated when he transferred to the 1/361/1 since he was placed in an infantryman position.  He was given a bonus for enlisting for and serving in the MOS of a traffic management coordinator, not an infantryman.  
 
2.  The applicant was not eligible for the second prior service reenlistment bonus because he had already received a bonus.

3.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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

___lem __  ____tsk__  ____fne_  DENY APPLICATION

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

INDEX

CASE ID	AR2002070389	
SUFFIX		
RECON		
DATE BOARDED	20020813	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	 	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.