PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            9 March 2000                  
	DOCKET NUMBER:    AR1999034899

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Thomas D. Howard, Jr.		Member	
	Ms. Carol Jo Suiter		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)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his 13 September 1992 reenlistment in the USAR be antedated to 29 July 1992.

3.  The applicant states that he enlisted in the USAR Delayed Entry Program (DEP) on 30 July 1984 but did not reenlist until 13 September 1992, which makes it appear that he has a break in service from 30 July to 12 September 1992.  He contends that this correction will validate three service contracts, confirm that he attained 14 years of service on 29 July 1998, and enable him to qualify for a $2,500.00 bonus in conjunction with his 1998 reenlistment.

4.  In support of his request the applicant submits a memorandum from his commander which outlines the circumstances which led to his break in service.  The applicant’s commander also requests that the applicant be authorized an antedated bonus addendum for his 22 June 1998 reenlistment.

5.  The applicant’s military records show that he enlisted for 8 years with no prior service in the USAR DEP on 30 July 1984.  He enlisted in the Regular Army for 2 years on 31 October 1984, was promoted to pay grade E-4, and was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 28 October 1986.

6.  He was assigned to a USAR unit at some point (the exact date is not a matter of record) and reenlisted for 6 years in the USAR in pay grade E-6 on 13 September 1992.

7.  He reenlisted again in the USAR on 22 June 1998 in pay grade E-7.  He did not complete a bonus addendum at that time.

8.  Army Regulation l35-7, in effect at the time, at paragraph 4-2, authorized a reenlistment bonus for members of SRIP units who had at least 6, but not more than l0 years of total military service at the expiration of their term of service (ETS), and who reenlisted within 3 months before or 24 hours after their ETS.  A bonus was authorized for reenlistment in either a critical MOS, or a critical unit, as designated by the Department of the Army.  One half of the bonus was to be paid at the time of reenlistment, and the remainder would be paid in six additional annual installments. 

CONCLUSIONS:

1.  The applicant was required to reenlist within 24 hours after his ETS of 29 July 1992.  His failure to do so would constitute an administrative break in service.

2.  No explanation is given as to why the applicant, a staff sergeant, didn’t reenlist prior to his ETS.  

3.  Regardless of the circumstances surrounding the applicant’s failure to reenlist in a timely fashion, the Board is of the opinion that his 1992 reenlistment should be corrected to eliminate his break in service. 

4.  However, the applicant has not submitted any reason for the Board to authorize an antedated bonus addendum in his case.  He was not promised a bonus when he reenlisted, and his unit did not obtain a bonus control number.

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the 13 September 1992 reenlistment of the individual concerned to show that he reenlisted for 6 years on 29 July 1992.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

_jh_____  _tdh_____  _cjs_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		__June Hajjar___________
		        CHAIRPERSON

INDEX

CASE ID	AR1999034899	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000309	
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.	128.05	
2.		
3.		
4.		
5.		
6.