MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           30 January 2003                   
	DOCKET NUMBER:   AR2002078062

	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.

	Mr. Carl W. S. Chun		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison 		Chairperson	
	Mr. Christopher J. Prosser       		Member	
	Ms. Yolanda Maldonado		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 she be paid her reenlistment bonus.

APPLICANT STATES:  She completed her bonus addendum in good faith, and a bonus control number was issued by her unit’s Regional Support Command (RSC).  Since the Inspector General determined that she was allowed to complete a bonus addendum because of errors made by the Government, the only issue to be resolved is whether the Army will rectify its mistake by giving her the bonus.

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

She enlisted in the Army Reserve (USAR) in pay grade E-3 on 28 August 1992.  In conjunction with that enlistment, she completed a bonus addendum and a Student Loan Repayment Program (SLRP) addendum.

She was promoted to pay grade E-4 and immediately reenlisted in the USAR for 3 years on 23 August 2000.  In conjunction with that reenlistment she executed a bonus addendum.  In that bonus addendum she certified that “I have not previously received a reenlistment/extension bonus for service in the Selected Reserve.”

On 2 March 2002, the applicant’s commander forwarded a request from the applicant for an exception to policy to pay the applicant her bonus.  In that request the applicant stated that she had been told she wasn't eligible for the bonus 2 ½ months after her reenlistment.  The applicant’s unit’s RSC disapproved that request.  In the disapproval it was stated that the applicant had the option of requesting immediate discharge due to defective enlistment, or to remain assigned to the unit without the benefit of the bonus.

On 20 June 2002, the RSC Inspector General (IG) responded to an IG Action Request submitted by the applicant.  In that response, the IG stated that she had determined that she wasn't eligible for a bonus because she previously received a bonus for service in the Selected Reserve (USAR or Army National Guard unit, or Individual Mobilization Augmentee).  The IG reminded the applicant of her option to request discharge.

Army Regulation 135-7 states that an immediate reenlistment or extension bonus may only be awarded to a Selected Reserve soldier who has not previously received a reenlistment or extension bonus for service in the Selected Reserve.

Army Regulation 135-178 sets forth the basic authority for the separation of reserve enlisted personnel.  Chapter 9 provides for individuals who were promised a benefit in conjunction with their enlistment or reenlistment which the Army cannot honor.  These individuals have the option of either requesting immediate discharge or waiving the benefit and remaining in the USAR.
DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was not eligible for a bonus because she had already received a bonus.

2.  When the applicant signed the form certifying that she had never previously received a bonus, she was processed for the bonus within her USAR chain of command.  It was only when the applicant’s unit’s servicing finance and accounting office attempted to pay the bonus that it was discovered that she had already received a bonus.

3.  Since the error was caused by the applicant’s certification that she had never received a bonus, and since it would be unfair to other reservists to give her a second bonus, 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

___cjp___  ___wtm _  ___ym __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002078062	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030130	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.