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ARMY | BCMR | CY2001 | 2001063382C070421
Original file (2001063382C070421.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001063382

         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
Ms. Joyce A. Wright Analyst


The following members, a quorum, were present:

Ms. Shirley Powell Chairperson
Mr. Stanley Kelley Member
Mr. Elzey J. Arledge 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, correction of his records to show that he was entitled to receive an Enlistment Bonus (EB) in accordance with Military Personnel (MilPer) Message Number 00-21, dated 25 October 1999.

APPLICANT STATES: That when he signed his DA Form 3286-59 (Statement for Enlistment) at Fort Hamilton, New York on 21 April 2000, his recruiter did not evaluate his college diploma. He was initially given the rank of PVT. A later evaluation in basic training showed that he had completed his Bachelors of Science Degree in Accounting. His rank was changed to SPC and he later discovered that his degree entitled him to an EB of $8,000.00, under MilPer Message Number 00-21. In support of his application, he submits several documents pertaining to his contract, a copy of an evaluation of educational credentials, and a copy of MilPer Message 00-21, dated 25 October 1999.

EVIDENCE OF RECORD: The applicant's military records show he enlisted on 3 August 2000, as a finance accounting specialist (73D). He continues to serve and is presently assigned to the 9th Finance Battalion in Fort Lewis, Washington.

A Headquarters, Department of the Army Recruiting File was provided by the Total Army Personnel Command (PERSCOM) which shows the applicant had obtained a Bachelors Degree, was non prior service (NPS), had an Armed Forces Qualification Test (AFQT) of 48, and a mental category of “IIIB.”

In the processing of this case, a staff advisory opinion was provided by PERSCOM, Accession Management Section. The applicant was provided
30 days to submit matters in rebuttal to this opinion; however, the applicant had not responded in over 90 days.

The opinion stated that the HiGrad (HG) Bonus announced in MilPer Message #00-21 required that applicants score 50 or higher in test score category (TSC)
I-IIIA on the AFQT. A review of the applicant’s record indicated that he scored a 48 and therefore classified in TSC IIIB. The applicant’s educational credentials were reviewed and met the requirements for a Bachelors of Science degree; however, the HG Bonus could not be authorized, as the applicant was not classified as I-IIIA. Therefore, PERSCOM recommended disapproval of the applicant’s request to receive an $8,000.00 HG Bonus.

Milper Message Number 00-21 with a Date/Time Group of 251700Z March 2000, subject: Enlisted Incentive Program Changes, authorized a HG Bonus of $4,000 for all NPS applicants who were NPS TSC I-IIIA with 30-59 semester hours of college. An $8,000 HG Bonus was authorized for those with 60 semester hours or more of college. The HG Bonus could be linked with all other incentives.

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

1. Based upon evidence of record and the advisory opinion, the applicant was not entitled to received an HG Bonus of $8,000 because he scored a 48 and was classified in TSC “IIIB” instead of a TSC of I-IIIA.”

2. 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.

3. 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

___sp___ ___sk___ ___ea____ DENY APPLICATION




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




INDEX

CASE ID AR2001063382
SUFFIX
RECON
DATE BOARDED 20020319
TYPE OF DISCHARGE
DATE OF DISCHARGE Active duty
DISCHARGE AUTHORITY AR . –active duty
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 1025
2.
3.
4.
5.
6.


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