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Decision Text

ARMY | BCMR | CY2002 | 2002076910C070215
Original file (2002076910C070215.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 26 September 2002
         DOCKET NUMBER: AR2002076910


         I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Raymond J. Wagner Member
Ms. Karen Y. Fletcher Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that she be given an $8,000.00 enlistment bonus.

3. The applicant states that although she signed a bonus addendum for $8,000.00, she only received half of a $5,000.00 enlistment bonus when she completed her initial entry training. When she inquired why she was getting a percentage of $5,000.00 instead of $8,000.00, she was told that she had enlisted one day prior to the bonus amount increasing from $5,000.00 to $8,000.00. She has been told that her enlistment is defective and she can elect immediate discharge. However, she would prefer to remain in the Army National Guard (ARNG), but believes that the Army should honor her contract as written.

4. The applicant’s military records show that she enlisted in the ARNG on 31 March 2000 with no prior service for 8 years in pay grade E-1. In conjunction with her enlistment, she executed a cash bonus addendum for $8,000.00.

5. In an undated FY 99 Enlistment Cash Bonus Control Worksheet, it was stated that the applicant's military occupational specialty was only entitled a $5,000.00 bonus until 1 April 2000, at which time it was authorized an $8,000.00 bonus.

CONCLUSIONS:

1. It appears that the recruiter processing the applicant's enlistment did not look at the date the bonus for the applicant's MOS changed from $5,000.00 to $8,000.00.

2. It is reasonable to presume that the applicant would have waited one more day to enlist to receive the additional $3,000.00 bonus.

3. Since it is apparent that the applicant would have waited another day to enlist to receive the higher bonus amount, it would be appropriate to correct her records to show she enlisted on 1 April 2000. This correction would validate the applicant's $8,000.00 bonus addendum.

4. In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a. showing that the individual concerned enlisted on 1 April 2000 instead of 31 March 2000; and

         b. paying to her the $8,000.00 enlistment bonus in accordance with the terms of her bonus addendum.

BOARD VOTE:

___rjw___ ____kyf__ ___rvo__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  _________Raymond V. O'Connor, Jr.___
                  CHAIRPERSON




INDEX

CASE ID AR2002076910
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020926
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.


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