MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:          21 October 2003                    
		DOCKET NUMBER:  AR2002083108

	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. W. W. Osborn, Jr.  		Analyst	

  The following members, a quorum, were present:

	Mr. Melvin H. Meyer		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones II		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 his records be corrected to show he was qualified for an Army Reserve (USAR) reenlistment bonus on 12 July 1998.

APPLICANT STATES:  He reenlisted in order to qualify for a bonus and his reenlistment documents contain a bonus control number.  After he reenlisted he learned that he did not qualify for the bonus because he did not possess the required "F5" skill identifier.  He tried to get the term of enlistment reduced from 6 years to 3 years so that he could still qualify for a bonus at a later date, but he was unsuccessful.  In support of his request, he submits a copy of his enlistment contract, several memoranda and a statement from his unit administrator. 

COUNSEL CONTENDS:  Counsel offered no evidence or argument beyond that submitted by the applicant.

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

On 12 July 1998 the applicant, a USAR sergeant, reenlisted in military occupational specialty (MOS) 71L20 for 6 years.  Each page of his enlistment contract carries the notation "BCN 981U206."  

In a 25 August 2000 sworn statement unit administrator states that the applicant was informed that he did not qualify for the reenlistment bonus because he did not possess the necessary "F5" skills identifier.  Nevertheless, a bonus control number was requested and received and the applicant reenlisted for 6 years.  The contract was returned because the applicant was ineligible.  

In a 15 October 2000 statement the applicant requested to modify the contract to show a 3-year enlistment.  The brigade commander, in a 4 November 2000 memorandum for the division commander recommended that the applicant's request be granted.  This was favorably endorsed by the division commander and forwarded to Headquarters, Office of The Chief of Army Reserve. 

An 18 January 2001 memorandum from the Chief, Retentions Operations Branch, U.S. Army Reserve Command (USARC) informed the division commander that the requested exception to policy was disapproved, because modification of a term of enlistment was prohibited by paragraph 5-10 of Army Regulation (AR) 140-111.  The Retentions Branch chief listed the applicant's options as: remaining with his unit and foregoing the bonus; requesting discharge under the provisions of Army Regulation 135-178; or applying to this Board.  

AR 140-111 (Reserve Reenlistment Program) sets forth the pertinent policy and procedures.  Paragraph 5-10 (Correction of Errors on DD Form 4-Series) states that a correction to the term of service or the effective date of a reenlistment agreement is prohibited.  The soldier must petition the ABCMR for correction consideration per AR 15-185.  

Army Regulation 137-178 sets forth the policy for Army National Guard and USAR enlisted separations.  Paragraph 7-3 applies to defective enlistments or reenlistments.  It provides that a soldier may be discharged for erroneous enlistment, reenlistment, or extension if it would not have occurred had the relevant facts been known by the Government or had appropriate regulations been followed, it was not the result of fraudulent conduct on the part of the soldier and if the defect is materially unchanged.  When a non-waivable defect is discovered, the appropriate authority will discharge the individual annotate the DA Form 2-1 (Personnel Qualification Record) with "Discharge action based on erroneous enlistment or extension is waived and retention is authorized…."

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  When the applicant enlisted he knew that he was not eligible for a bonus.

2.  Notwithstanding that his situation was at least as much his fault as anyone else's, he could have obtained relief by requesting discharge for a defective enlistment, however he chose not to do so. 

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 this 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:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__MHM__  _WDP __  _FCJ____  DENY APPLICATION

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

INDEX

CASE ID	AR2002083108	
SUFFIX		
RECON		
DATE BOARDED	20031021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	, DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.