MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           31 October 2002                   
	DOCKET NUMBER:   AR2002071198

	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. Curtis L. Greenway		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman		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 the last installment of his reenlistment bonus.

APPLICANT STATES:  He was denied his last installment of his reenlistment bonus because he entered on active duty.  He maintains that he is not on active duty, he is serving on a tour in the Active Guard and Reserve (AGR) program.

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

On 12 October 1986 the applicant, then a reservist in pay grade E-4, immediately reenlisted in his Army Reserve (USAR) unit for 6 years.  In conjunction with his reenlistment he was given a $2,500.00 cash bonus for the Military Occupational Specialty (MOS) of unit supply specialist.

On 11 February 1991, the applicant entered active duty in the AGR program for duty as a personnel administration specialist.

On 9 October 2001, the Defense Finance and Accounting Service (DFAS) informed the applicant that he did not receive the last installment of his bonus because his bonus was terminated by his entry on active duty.

In the processing of this case an advisory opinion was obtained from the Deputy Chief of Staff, G-1.  The G-1 stated that entry on a tour in the AGR program does not terminate a bonus.  The G-1 recommends that the Board grant the applicant’s request.  The applicant was furnished a copy of this advisory opinion and submitted his concurrance. 

Army Regulation 135-7, Incentive Programs, paragraph 4-8.1, states that a reservist who enters a tour of active duty in the AGR program will retain their bonus if assigned to a bonus unit or continues to perform AGR duty in a bonus skill.

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 documentation submitted by the applicant and the advisory opinion obtained from the G-1 show that a reservist’s entry on active duty in the AGR program does not automatically terminate a cash bonus.

2.  However, Army Regulation 135-7 makes the retention of a cash bonus contingent on the reservist being assigned to a bonus unit or bonus MOS, as applicable.

3.  The applicant was given a bonus for his MOS of unit supply specialist.  He entered on active duty in the AGR program as a personnel administration specialist.  

4.  Notwithstanding the G-1 advisory opinion, since the applicant did not retain the MOS for which he was given a bonus, and there is no evidence that he was assigned to a bonus unit, his bonus was appropriately terminated.  The Board must presume that the G-1 overlooked this provision of Army Regulation 135-7 when it provided its opinion to the Board.

5.  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

___dph__  ___clg___  ___rks __  DENY APPLICATION

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

INDEX

CASE ID	AR2002071198	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20021031	
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.