MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 February 2000                   
	DOCKET NUMBER:   AR1999031273

	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:

	Ms. Margaret K. Patterson		Chairperson	
	Ms. Barbara J. Ellis		Member	
	Mr. Ernest W. Lutz, Jr.		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:  In effect, that her reenlistment date be changed to      1 January 1999 so she would be eligible for payment of a targeted selective reenlistment bonus (TSRB) for military occupational specialty (MOS) 92Y for pay grade E-5 for Fort Riley, KS.

APPLICANT STATES:  That she would have postponed her reenlistment for about 30 days if she had known the TSRB was going to become available.

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

She reenlisted on 13 November 1998 in MOS 92Y.

Military Personnel (MILPER) message #99-059 was issued on 28 December 1998.  It announced the addition of a TSRB for Fort Riley for MOS 92Y effective 1 January 1999.

In the processing of this case, an advisory opinion was obtained from the Retention Management Division, U. S. Total Army Personnel Command.  That office recommended disapproval of the applicant’s request.  That office stated that since there is no advance notification of additions to the SRB program, the soldier could not have known on 13 November 1998 that a targeted SRB would be added to her MOS at a later date.  Therefore there was no reason for her to delay her reenlisment.  

The advisory opinion was provided to the applicant for comment or rebuttal.  She did not respond within the given time frame.

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 reenlisted on 13 November 1998.  It is not reasonable to expect that she could or should have been advised to postpone her reenlistment for another 45 or so days to become eligible for the TSRB because the TSRB was not even announced until 28 December 1998.  The Board agrees with the advisory opinion that there was no reason on 13 November 1998 for her to delay her reenlistment so therefore there was no error (as opposed to the possibility of error had she reenlisted on 29 December 1998).  The Board concludes that the timings of her reenlistment and the announcement of the TSRB were unfortunate for her but were not an injustice.
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

_mkp____  __bje___  __ewl___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031273	
SUFFIX		
RECON		
DATE BOARDED	20000203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.