MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 January 2000                   
	DOCKET NUMBER:   AR1999030365

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Mr. John Saputo		Member	
	Mr. Allen L. Raub		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 $2,000.00 regular reenlistment bonus (RRB) he did not receive.

APPLICANT STATES:  That he did not know of the bonus until March 1999.  He provides his DD Form 214, three later enlistment contracts, an extract from Army Regulation 601-280, a memorandum for record dated 25 February 1999, and his January 1999 leave and earnings statement as supporting evidence.

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

He initially enlisted in the Regular Army on 27 December 1973 and was released from active duty on 8 December 1976 upon completing his normal expiration term of service.

On 9 February 1989, the applicant reenlisted and has had continuous service since.  His reenlistment contracts indicate he did not receive an RRB.

In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command (PERSCOM).  That office recommended disapproval of the applicant’s request, noting that he failed to provide sufficient documentation to show he never received an RRB and that guidance from the Defense Finance and Accounting Service (DFAS) states that the burden of proof rests with the claimant.  A copy of DFAS military pay active component message 96-39, subject Regular Reenlistment Bonus (RRB) Requests, was provided which states in pertinent part “…For entitlement to exist, the enlisted soldier must have been on active duty on June 1, 1974, and have reenlisted within 3 months from the date of discharge…the burden of proof must rest with the claimant.”

The applicant rebutted the opinion, stating that his DD Form 214 and enlistment contracts should be proof enough that he did not receive a bonus of this or any other kind.

The current version of Army Regulation 601-280 prescribes criteria for the Total Army Retention Program.  Paragraph 5-16 states “Effective 1 June 1974, use of the RRB was terminated.  However, each soldier on active duty on 1 June 1974 will continue to be eligible to receive at least $2,000.00 for reenlisting during an entire 20-year career.  This does not apply to ADT.  (See DODFMR for complete conditions of RRB entitlement.)”

The current version of the Department of Defense Financial Management Regulation, volume 7A, paragraph 09031 states that for entitlement to the RRB to exist, the enlisted soldier must have been on active duty on June 1, 1974 and have reenlisted within 3 months from the date of discharge.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The applicant was initially released from active duty on 8 December 1976.  He 
did not reenlist until 9 February 1989, beyond the 90-day window prescribed by the DODFMR for entitlement to the RRB.  The applicant is not entitled to receipt of an RRB.

3.  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

__ew____  __js____  __alr___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030365	
SUFFIX		
RECON		
DATE BOARDED	20000106	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.