IN THE CASE OF:	  

		BOARD DATE:	    29 March 2011

		DOCKET NUMBER:  AR20100024043 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests he be given a $10,000 Prior Service Enlistment Bonus (PSEB).

2.  The applicant states his enlistment contract shows he was promised a $10,000 PSEB but the United States Army Reserve Command (USARC) will not honor the contract.

3.  The applicant provides a Certificate and Acknowledgment United States Army Reserve Service Requirements and Methods of Fulfillment, and a Selected Reserve Incentive Program – USAR PSEB Addendum, annexes to his enlistment contract.  He also submits correspondence between his unit and USARC concerning his PSEB.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR in pay grade E-5 for assignment to a troop program unit with prior service on 22 October 2009.

2.  In conjunction with his enlistment he executed a Selected Reserve Incentive Program – USAR PSEB Bonus Addendum in which he was informed he would receive a $10,000 PSEB.


3.  On 29 April 2010, the applicant's commander submitted a request to pay the applicant the $10,000 PSEB.

4.  On 8 July 2010, the applicant's higher headquarters requested an exception to policy to pay the applicant a $10,000 PSEB.  In that request it was explained that while the Fiscal Year (FY) 2009 USARC Selected Reserve Incentive Program (SRIP) list provided for a $5,000 PSEB for the applicant's military occupational specialty (MOS), his contract specified he would be given $10,000.

5.  On 19 July 2010, the USARC Deputy Chief of Staff, G-1 disapproved the request for an exception to policy.  The G-1 stated the applicant's MOS was authorized a $5,000 bonus when he enlisted, not $10,000.  The G-1 stated the applicant could elect to remain in his unit without an increased PSEB, request transfer to the Individual Ready Reserve (thereby losing eligibility for the $5,000 PSEB), or he could apply to this Board.

6.  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 for which the individual is not qualified, or which the Soldier was qualified but which cannot be fulfilled by the Army.  These individuals have the option of either requesting immediate discharge or waiving the benefit and remaining in the USAR.

DISCUSSION AND CONCLUSIONS:

1.  It is abundantly clear that while the applicant's MOS was only authorized a $5,000 PSEB he was told in writing that he would receive $10,000.

2.  The regulation is clear on the options given to a Soldier who is promised an incentive which the Army cannot provide.  The Soldier can either waive the incentive (in this case $5,000 of the $10,000 PSEB) or request discharge.

3.  It would not be appropriate to give the applicant double the PSEB given to other Soldiers who enlisted in the same MOS.  This would create an injustice to the other Soldiers.

4.  In view of the foregoing, there is no basis for granting the applicant’s request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100024043



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ABCMR Record of Proceedings (cont)                                         AR20100024043



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