2. The applicant requests payment of his Hi-Grad bonus as indicated on his enlistment contract dated 6 May 1993.
3. The applicant states, in effect, that he was promised a Hi-Grad bonus of $2,000.00 in writing at the time of his enlistment; however, he has since been informed that he is not entitled to receive the bonus because the recruiter made a mistake. The military occupational specialty (MOS) for which he enlisted was not authorized a bonus. The applicant further states that the Army should honor his contract by fulfilling the promises that were made in writing. He goes on to state that he was initially paid the bonus money as promised in his contract; however, the Hi-Grad bonus was later recouped by the finance office with an explanation indicating that there was no authorization for him to receive such a bonus.
4. The applicant's military records show that the applicant enlisted under the delayed entry program on 6 May 1993 for training as a biological sciences assistant (O1H), for a cash enlistment bonus ($3,500.00), and for a Hi-Grad bonus ($2,000.00). His enlistment contract indicates that he was to receive $5,500.00 in bonus payments.
5. He entered active duty in the pay grade of E-4 on 8 July 1993 for a period of 4 years. He successfully completed his training and was assigned to the Medical Research Institute of Chemical Defense at Aberdeen Proving Grounds, Maryland.
6. The applicant received his bonus payments of $5,500.00 in October 1993. However, in November 1993 the Defense Finance and Accounting Service (DFAS) collected back $2,000.00 of the bonus payments.
7. Consequently, the applicant contacted the Inspector Generals office regarding his breach of contract. He was informed that a mistake had been made at the time he enlisted and that his MOS was not authorized payment of a Hi-Grad bonus. The applicant was informed that his options at that point were to request separation from the service for breach of contract or to make application to this Board.
8. In the processing of this case an advisory opinion was obtained (COPY ATTACHED) from the Office of the Deputy Chief of Staff for Personnel (ODCSPER). It opined that a Hi-Grad bonus was not authorized for the applicants MOS and that the applicants case clearly constitutes a guidance counselor error. The ODCSPER further opined that there was no authorization for payment of the bonus and recommended that his request be denied.
9. On 23 April 1993, the ODCSPER dispatched a message announcing changes to the enlistment incentives program which authorized payment of a Hi-Grad bonus in addition to other authorized enlistment bonuses for non-prior service personnel who had 13 years or more of civilian education. The message specifically indicates that the Hi-Grad bonus was not authorized for MOS 01H.
CONCLUSIONS:
1. The applicant enlisted in MOS O1H with a contractual agreement that he would receive a Hi-Grad bonus of $2,000.00. Upon arrival at his initial duty station he received his bonus payment and had every right to believe that he was entitled to receive the bonus payment and that he could dispose of the funds as he saw fit.
2. However, the following month, the bonus payment was recouped from the applicant with the explanation that he was not entitled to receive it. This action, albeit correct, was contrary to his contractual agreement with the Department and constitutes an injustice to the applicant.
3. Additionally, in view of the time and money the Department has invested in the applicants training, it would be more beneficial and cost effective to pay the applicant the $2,000.00 promised in his contract than to separate him from the service.
4. While there are no provisions for payment of the Hi-Grad bonus to soldiers in MOS O1H, an exception to policy would be appropriate in this case.
5. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by showing that the individual concerned is entitled to receive a Hi-Grad bonus in the amount of $2,000.00, as an exception to policy, and in accordance with the terms of his enlistment contract dated 6 May 1993.
JOHN N. SLONE
CHAIRPERSON
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