BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150002531 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 payment of his bonus under the Bonus Extension and Reenlistment (BEAR) Program. 2. The applicant states he reclassified from military occupational specialty (MOS) 94H (Test Measurement and Diagnostic Equipment Support Specialist) to MOS 15Q (then 93C) (Air Traffic Control (ATC) Operator) under the BEAR Program. He was never informed by any of his career counselors that he was entitled to a bonus. It was recently brought to his attention by his first sergeant (1SG), who had also reclassified under the BEAR Program, that he should have received a bonus. 1SG C informed him he had initially signed an extension contract followed by a reenlistment contract after he completed the MOS 93C course. He was advised to obtain all documents available concerning his BEAR extension and seek further guidance from the post retention noncommissioned officer (NCO). 3. On 25 September 2013, he explained to Master Sergeant (MSG) S that he was required to choose a new MOS and he chose MOS 93C. He was informed by his career counselor that he needed a BEAR extension for his current contract due to a time remaining prerequisite. After completing the required course of instruction he was assigned to Korea. He reenlisted on 26 April 2005 for a return assignment to Fort Rucker, AL. MSG S asked if the career counselor informed him that he was entitled to a bonus due to the fact that he was on an extension from the BEAR Program. 4. The applicant provides: * DA Form 3840-R (Request for Reenlistment or Extension in the Regular Army (RA)) * DA Form 1695 (Oath of Extension of Enlistment) * Headquarters, U.S. Army Aviation Center and Fort Rucker, Fort Rucker, AL Permanent Orders 035-00011, dated 4 February 2003 * DA Form 1059 (Service School Academic Evaluation Report) * DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 26 April 2005 * DA Form 3286 (Statements for Enlistment), dated 26 April 2005 * Military Personnel Message 02-187, issued on 24 June 2002 CONSIDERATION OF EVIDENCE: 1. He is currently serving on active duty in the RA, in the rank of sergeant first class/pay grade E-7. 2. On 7 October 1997, he enlisted in the RA for 5 years. 3. On 2 June 2002, he submitted a request to extend his enlistment to meet the remaining service obligation of the BEAR Program. On 1 July 2002, his commander approved this request for extension. 4. On 1 July 2002, he voluntarily extended his 5-year enlistment of 7 October 1997 to a period of 7 years and 7 months. The period of extension was 31 months and his new expiration term of service was 6 May 2005. This extension was to meet the remaining service obligation for the BEAR Program. 5. Permanent Orders 035-00011, dated 4 February 2003, awarded him the Aviation Badge upon successful completion of MOS 93C Course training. 6. On 24 April 2003, he successfully completed the Air Traffic Control Operation Course for MOS 93C. The exact date he was awarded MOS 93C is not known. 7. On 2 October 2003, he was tried before a special court-martial. a. He pled guilty and was found guilty of: * making and using a false paper for the purpose of obtaining the approval, allowance, and payment of a claim against the United States in an amount over $2,800 between on or about 1 and 30 April 2003 * presenting a fraudulent claim against the United States in the amount of $2,800.10 on or about 30 April 2003 * conspiracy to commit fraud against the United States, between on or about 1 March and 15 April 2003 b. He was sentenced to be reduced to the pay grade of E-3 and to be confined for 35 days. c. On 20 January 2004, the convening authority approved the sentence. 8. On 26 April 2005, he requested and was approved to reenlist in the RA. On 26 April 2005, he immediately reenlisted in the RA for 3 years. His DD Form 4 stated he was reenlisting for a "CONUS (continental United States) Station of Choice Reenlistment Option (Fort Rucker, AL), no bonus entitlement, no waiver, 1st reenlistment." 9. On a DA Form 3286, dated 26 April 2005, he stated he was reenlisting for the CONUS Station of Choice, Fort Rucker. In paragraph 6 of Part III (Statement of Law Violations and Previous Conditions) he placed an "x" in the NO Block for the following questions: * 6d - Have you ever been convicted of a felony or any other offense, or adjudicated a youthful or juvenile delinquent? * 6e - Have you ever been imprisoned under sentence of any court? 10. On 4 July 2008, he immediately reenlisted in the RA for an indefinite period. His DD Form 4 stated he was reenlisting for an SRB (selective reenlistment bonus) C Zone (SRB to be paid up to 16 years only). Lump sum payment authorized. 11. On a DA Form 3286, dated 4 July 2008, in paragraph 6 of Part III (Statement of Law Violations and Previous Conditions) he placed an "x" in the NO Block for the following questions: * 6d - Have you ever been convicted of a felony or any other offense, or adjudicated a youthful or juvenile delinquent? * 6e - Have you ever been imprisoned under sentence of any court? 12. In the processing of this case an advisory opinion, dated 10 March 2015 was received from the Department of the Army, Office of the Deputy Chief of Staff, G-1, which stated the applicant was not eligible to receive the bonus under the BEAR Program due to suspension of favorable action and his special court-martial conviction on 2 October 2003. The applicant was provided a copy of the opinion for comments or rebuttal. However, he did not provide a response. 13. Army Regulation 601-280 (Army Retention Program) states the objectives of the BEAR Program are to attract highly qualified Soldiers in the rank of staff sergeant and below who are currently serving in an overstrength/balanced MOS to migrate into a critically short SRB MOS. a. Paragraph 6-5c(3) Soldiers on an initial enlistment must be serving in the rank private first class or higher, and must be eligible to extend to complete 24 months time in service after completion of training. b. Paragraph 6-11d states Soldiers who have been approved for entry into the BEAR Program and subsequently become disqualified or receive punishment under the UCMJ will be reported to the Commanding General, HRC-Alexandria, Attn: AHRC-EPR-R, 2461 Eisenhower Avenue, Alexandria, VA 22331-0450, DSN: 221-8020, for confirmation of assignment information prior to proceeding to the training site. Soldiers allowed to remain in the BEAR Program (upon waiver of disqualification) will be allowed to reenlist upon completion of training and receive all benefits from the program. c. Paragraph 6-11e states when release or removal from the program is necessary, the Soldier will be: (1) Required to complete the period of service for which he or she extended under the program. (2) Reclassified, if appropriate, and reassigned according to the needs of the Army. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his 1SG signed an extension and subsequently reenlisted for a bonus under the BEAR Program. However, the specifics of 1SG C's extension and reenlistment, such as whether he had any disciplinary action taken against him is not available. This makes comparison of two situations impossible. 2. The applicant completed the course of instruction for MOS 93C on 24 April 2003. As a result of his conviction by a special court-martial on 2 October 2003, he was removed from the BEAR Program. 3. His DD Form 4, date 26 April 2005, specifically stated he had no bonus entitlement. The form also indicated there was no waiver. 4. Of note is the fact that on two DD Forms 3286, subsequent to his special court-martial conviction, the applicant did not reveal he had been convicted of any offenses or that he had served in confinement as a result of a court-martial conviction. 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) AR20150002531 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150002531 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1