RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           13 JULY 2004                   
	DOCKET NUMBER:   AR2003096800

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel Crumpler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Mark Manning		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  In effect, the applicant requests that his 7 March 2003 Enlistment/Reenlistment Document [reenlistment contract], DD Form 4/1, be corrected to show that he reenlisted in the Army Reserve for 3 years in pay grade E-4, vice the 6 years shown.

2.  On behalf of the applicant, his unit administrator, 643d Area Support Group, a Reserve unit in Whitehall, Ohio, states that the DARNS (?) NCO (noncommissioned officer) neglected to review the contract options with the applicant.  The contract is for 6 years with entitlement to a $5,000 reenlistment bonus.  He states that because the applicant previously reenlisted for 3 years in 2000, with a two 3-year reenlistment bonus option, he is not entitled to a 6-year reenlistment bonus.  The discrepancy was not detected until the contract was reviewed by finance.  The applicant intended to reenlist for the second 3-year option with entitlement to a $2000 bonus.  

3.  The applicant provides a copy of his 10 March 2000 reenlistment contract, a copy of his 7 March 2003 6-year reenlistment contract, and a proposed "Corrected Copy" of a 7 March 2003 reenlistment contract.  Also included is a request from the applicant's commanding officer to the 88th Regional Support Command requesting that his 7 March 2003 6-year reenlistment contract be corrected.  In response, the 88th indicated that the applicant had to apply to this Board for correction.  

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the Army Reserve delayed entry program (DEP) for 8 years on 7 April 1992.  He was discharged from the DEP upon his enlistment in the Regular Army on 24 June 1992.  He was released from active duty on 2 July 1993 and transferred to the Army Reserve Control Group (Annual Training) at St. Louis.  On 22 April 1997 he transferred to a troop program unit.   

2.  On 10 March 2000 the applicant reenlisted in the Army Reserve for three years in pay grade E-4.  His contract shows that he stated that he was reenlisting for the first three-year option of $2500, that his initial payment of $1250 would be made upon meeting eligibility criteria, and that subsequent payment of $1250 would be made upon satisfactory completion of his first three-year enlistment (An attached sheet reflecting entitlement to a reenlistment bonus, Section V – Entitlement, DA Form 5621-2-R, Selected Reserve Incentive Program – Reenlistment/Extension Bonus Addendum).

3.  On 7 March 2003 the applicant reenlisted in the Army Reserve for six years in pay grade E-4.  His contract shows that he stated that he was reenlisting/extending for six years and that he had exactly or less than 14 years of total military service at ETS (expiration of term of service).  He stated that he was entitled to the $5000 reenlistment/extension bonus and that his initial payment was $1000.  He stated that subsequent payments would be paid in increments.  

4.  Eligible Reserve Soldiers who are enlisting in the Selected Reserve for a period of three or six years in a critical military skill may be entitled to a prior enlistment bonus.  A Soldier must not have previously been paid a bonus for enlistment, reenlistment, or extension of enlistment in a Reserve component.  The amount of a reenlistment bonus may not exceed $5000 for a person who enlists for a period of six years; $2500 for a person who, having never received a bonus, enlists for three years and $2000 for a person who, having received a bonus for a previous three-year enlistment, reenlists or extends the enlistment for an additional period of three years.

5.  Army Regulation 140-111 governs the immediate reenlistment or extension of current members of the Army Reserve.  Paragraph 5-10 of that regulation states that a correction to the term of service or the effective date of a reenlistment agreement is prohibited.  The Soldier must petition this Board for correction consideration.  That paragraph goes on to say that a "Corrected Copy" of a new DD Form 4 series will be prepared to correct errors that will not affect the term of service or the effective date of the enlistment document.  The authority to do so is delegated to the Soldier's immediate commander.    

DISCUSSION AND CONCLUSIONS:

1.  The applicant reenlisted for three years on 10 March 2000.  His reenlistment contract shows that he was reenlisting for the first three-year option of $2500, implying that he could reenlist for an additional three years and receive the appropriate bonus.   

2.  He reenlisted for six years on 7 March 2003 for a $5000 reenlistment bonus.  The applicant was not eligible to receive this bonus.  His reenlistment for six years with a $5000 bonus is erroneous.  In this respect, the applicant is supported by his commanding officer and unit technician.     

3.  Consequently, the applicant's 7 March 2003 reenlistment contract              (DD Form 4/1) should be corrected to show that he reenlisted for three years in pay grade E-4, vice the six years shown.  In this respect, a "Corrected Copy" of his reenlistment contract is unwarranted.  The "Corrected Copy" submitted with this application should be voided.  The information sheet showing that he reenlisted for six years with entitlement to a $5000 bonus should be voided and a corrected document be prepared referring to Section V of DA Form 5261-2-R, with an appropriate remark indicating that he reenlisted for the second three year option with entitlement to a $2000 bonus.  
BOARD VOTE:

___SA __  ___SK __  ___MM __  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he reenlisted in the Army Reserve for three years in pay grade E-4 on 7 March 2003.  The "Corrected Copy" of his reenlistment contract submitted with this application will be voided.  The information sheet showing that he reenlisted for six years with entitlement to a $5000 bonus will be voided and a corrected document be prepared referring to Section V of DA Form 5261-2-R, with an appropriate remark indicating that he reenlisted for the second three year option with entitlement to a $2000 bonus.

		___ Samuel Crumpler_____
		        CHAIRPERSON

INDEX

CASE ID	AR2003096800	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040713	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	112.03	
2.		
3.		
4.		
5.		
6.