MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            12 April 2000
	DOCKET NUMBER:   AR1999033367

	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.

	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Robert G. Hinkle		Chairperson	
	Mr. Barbara J. Ellis		Member	
	Mr. James P. Stueve		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, correction of records to show that he was entitled to receive a Regular Reenlistment Bonus (RRB) on his 22 October 1986
enlistment contract.

APPLICANT STATES:  In effect, that he was on active duty during and after June 1972 and did not receive a RRB when he enlisted on 22 October 1986.
In support of his applicant he submits a copy of his DD Form 214 (Report of Separation from Active Duty) with an effective date of 17 October 1974.

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

He enlisted on 18 October 1971 as a preventive medical specialist (91S).  He served in Vietnam from 1 November 1972 to 1 May 1974 and was honorably discharged on 17 October 1974.

After a break in service, he reenlisted on 22 October 1986 for a period of 4 years as a signal intelligence voice interceptor linguist (98GL).  He continues to serve
and is presently assigned to the United States Army Land Information Warfare Activity at Fort Belvoir, Virginia, as a counterintelligence agent (97B3L).

The applicant’s DD Form 4/1 (Enlistment/Reenlistment Document), dated 
22 October 1986, item 8b (remarks) shows the entry “NONE ” which indicates that the applicant was not entitled to a RRB.

The applicant’ DD Form 4/1, dated 8 January 1992, 28 July 1995 and 1 September 1998, item 8b (remarks) shows the entry “NO BONUS ENTITLEMENT” which indicates that the applicant was not entitled to a RRB.
The applicant’s initials appears at the bottom of each DD Form 4/1.

The Retention Management Branch provided this Board with a Selective Reenlistment Bonus (SRB) List.  The list fail to show that the applicant’s 
military occupation specialty (MOS) was entitled to a RRB on 22 October 1986.

In the processing of this case an advisory opinion (COPY ATTACHED) was provided by the Total Army Personnel Command (PERSCOM) Retention Management Division.

The PERSCOM advisory opinion stated that the applicant has failed to provide sufficient documentation indicating that he never received a Regular Reenlistment Bonus (RRB).  PERSCOM also stated that guidance from the Defense Finance and Accounting Service (DFAS) states that the burden of proof rests with the claimant.

The applicant was provided 30 days to submit matters in rebuttal; however, the applicant has not responded in over 60 days.
Army Regulation 601-280 sets forth the basic authority for the Army Enlistment Program for all military personnel of the Active Army.  This regulation prescribes the eligibility criteria and options currently available in the Army Reenlistment Program.  Chapter 5 pertains to the Enlistment and Reenlistment Bonuses for Enlisted Personnel.  Paragraph 5-1, states that the Enlistment Bonus (EB) program became effective 1 June 1972, that the Selective Reenlistment Bonus (SRB) program replaced the Regular Reenlistment Bonus (RRB) and that the Variable Reenlistment Bonus (VRB) program became effective 1 June 1974.  This chapter also states that policies and instructions for the administration of the Enlistment Bonus program are contained in Army Regulation 601-210.  The MOS designated for the Enlistment Bonus program will be announced by message from the Commander, Personnel Command (PERSCOM), ATTN; TAPC-EPT.

Army Regulation 601-210 covers eligibility criteria, policies, and procedures for enlistment and processing into the Regular Army (RA) and the US Army Reserve.  Chapter 5, Section XXIV, prescribes polices and instruction on administration of the Enlistment Bonus (EB) program.  It states, in pertinent part, that the Enlist Bonus is an enlistment incentive offered to those enlisting in the Regular Army for duty in a specific MOS.  It also states that the objective of the bonus is to increase the number of enlistment’s in MOSs that are critical and have inadequate first term manning levels.  Periodically, the Commanding General, PERSCOM, analyzes manpower requirements and recruiting objectives to insure that the Enlistment Bonus Program supports planned goals.  Additions to and deletions from the list of bonus MOSs will be made.  The dollar award for each bonus MOS may be changed on the basis of this analysis.

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(s), it is concluded:

1.  The applicant’s DD Forms 4/1 clearly show that the applicant was not entitled to a Regular Reenlistment Bonus and that he authenticated the bottom of each page with his initials.

2.  Evidence of record shows that the applicant enlisted on 22 October 1986 as a signal intelligence voice interceptor linguist (98GL).  However, the MOS of 96GL was not listed under the SRB program, which indicates that the applicant 
was not entitled to a Regular Reenlistment Bonus on 22 October 1986.  
Therefore, there is no basis correct his records to show that he was entitled to a Regular Reenlistment Bonus on 22 October 1986.

3.  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.

4.  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:

RGH____  BJE_____  _JPS___  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033367	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000412	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	Active duty	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1025		
2.		
3.		
4.		
5.		
6.