RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  10 May 2007
	DOCKET NUMBER:  AR20060013409 


	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. Gerard W. Schwartz

Acting Director

Ms. Wanda L. Waller 

Analyst


The following members, a quorum, were present:


Mr. Kenneth Wright

Chairperson

Mr. Patrick McGann

Member

Ms. Karmin Jenkins

Member

	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.  The applicant requests that he be paid the $5000 Reenlistment Bonus for which he enlisted.  

2.  The applicant states, in effect, that he was promised a tax free $5000 reenlistment bonus when he reenlisted in the U.S. Army Reserve (USAR) in 2004.  He contends that he was told he was eligible for this bonus, that he reenlisted in Iraq for that reason, and that he found out that he was not eligible for the bonus five months after reenlisting.   

3.  The applicant provides a copy of his enlistment contract.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in Operation Iraqi Freedom.  

2.  The applicant is currently serving in the USAR in the rank of sergeant first class.

3.  Having prior service (8 years, 8 months, and 11 days of inactive service; and 5 years of creditable active service), and while serving in Iraq, the applicant reenlisted in the USAR on 10 November 2004 for an indefinite period.  His reenlistment contract worksheet shows he enlisted for a reenlistment bonus.

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, in Washington, D.C.  That office points out that the applicant’s reenlistment contract does not list a reenlistment bonus.  A review of the Headquarters, Department of the Army (HQDA) message that was in effect from 15 December 2003 through 31 December 2004 reveals that USAR Soldiers reenlisting in Iraq, Afghanistan, and Kuwait were entitled to a $5000 bonus if reenlisting for a period of 6 years.  An indefinite reenlistment is considered to suffice as a six-year reenlistment in this case.  All reenlistment bonuses based on a reenlistment in a designated combat zone are tax exempt.  The office recommends the applicant be granted relief and paid a bonus in the amount of $5000, the correct amount for a 6-year reenlistment in a designated combat zone in 2004.  The bonus should also be tax free.   


5.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  On 12 April 2007, the applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s reenlistment contract does not list a reenlistment bonus, his reenlistment contract worksheet shows he was serving in Iraq and he reenlisted for a reenlistment bonus.  It appears he reenlisted in the USAR in good faith for an indefinite period believing he qualified for the reenlistment bonus.  

2.  The applicant was subsequently informed that he did not qualify for this reenlistment bonus evidently because it was not written into the contract itself.  The advisory opinion noted that he was authorized an enlistment bonus.

3.  It appears that an injustice has occurred in this case.  Therefore, it would be equitable to correct the applicant’s 10 November 2004 enlistment contract to show he reenlisted for a tax free $5000 reenlistment bonus, the correct amount for a 6-year reenlistment in a designated combat zone in 2004, and paying to him that bonus.  

BOARD VOTE:

KW____  __PM____  __KJ____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's reenlistment contract be amended to show he reenlisted for a tax free $5000 reenlistment bonus on 10 November 2004.

2.  That as a result of the foregoing correction the Defense Finance and Accounting Service shall pay to the applicant a tax free $5000 reenlistment 

bonus in accordance with the HQDA message (which states that USAR Soldiers reenlisting in Iraq, Afghanistan and Kuwait were entitled to a $5000 bonus if reenlisting for a period of at least 6 years).




__Kenneth Wright _____
          CHAIRPERSON




INDEX

CASE ID
AR20060013409
SUFFIX

RECON

DATE BOARDED
20070510
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
112.1100
2.

3.

4.

5.

6.