MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           17 September 2002                  
	DOCKET NUMBER:   AR2002071825

	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. Elzey J. Arledge, Jr.		Chairperson	
	Mr. Thomas B. Redfern		Member	
	Ms. Karen A. Heinz		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 his 1998 3-year reenlistment bonus be reinstated, and that he be given a second 3-year reenlistment bonus.

APPLICANT STATES:  Another soldier was enlisted into his position (slot).  Since a bonus is not authorized when there is more than one person assigned to a position, it was determined that he wasn’t entitled to his bonus and the bonus was terminated.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  The following information was derived from documents submitted by the applicant, himself.

On 29 September 1998, the applicant, a guardsman in pay grade E-4, extended his 2 October 1997 enlistment for 3 years.  In conjunction with that reenlistment he executed a $2,500.00 bonus addendum.

On 25 October 1999, in response to an inquiry on why the applicant wasn’t receiving the remainder of his reenlistment bonus, the state retention officer stated that the applicant should never have been offered a bonus since a second soldier was assigned to his slot at the time.  The retention officer stated that while the applicant had initially been double slotted, the situation had progressively worsened by additional soldiers being assigned to the position he shared, culminating in the quadruple occupancy in the position.

On 12 September 2001, an exception to policy was requested to pay the applicant the remainder of his reenlistment bonus.  In that request it was stated that the applicant was paid half of his reenlistment bonus prior to it being discovered that he wasn’t entitled to a bonus.  At that time his reenlistment bonus was terminated without recoupment of the monies already paid.

Army Regulation 135-7, paragraph 4-2, authorizes a reenlistment bonus for reservists who have at least 6, but not more than 14 years of total military service at the expiration of their term of service (ETS), and who reenlist within 3 months before or 24 hours after their ETS.  A bonus is authorized for reenlistment in either a critical military occupational specialty (MOS), or a critical unit, as designated by the Department of the Army.  One half of the bonus is paid at the time of reenlistment, and the remainder is paid in annual installments.  A reenlistment control number must be issued to verify the entitlement to the bonus.

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.  The applicant was not eligible for a reenlistment bonus since more than one soldier was assigned to his position.

2.  It is evident from the state’s retention officer’s response that the practice of assigning multiple soldiers to any given slot is commonplace in the applicant's unit.  This practice would preclude giving soldiers' bonuses for reenlisting.  Reenlistment bonuses are part of an incentive package made available to Army National Guard commands to assist those commands in filling critical units or critical MOS's.  Obviously, no incentive was required to fill the applicant's position.  The Board will not use its authority to pay bonuses when the command’s over strength policy makes it evident that bonuses aren't necessary or authorized.

3.  However, the Board notes that the applicant did receive half his bonus and there was no attempt to recoup that money.  

4.  As for the applicant's request for a second reenlistment bonus, he has not submitted any reason why he was not given a bonus upon the completion of his 1998 three-year reenlistment.  As such, there is no evidence that the lack of a reenlistment bonus was an error or injustice.

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

___ela __  ____kah__  ___tbr___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071825	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020917	
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.