Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003083899C070212
Original file (2003083899C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2003083899

         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
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. Eric N. Andersen 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, that a bonus addendum be added to his enlistment contract.

APPLICANT STATES: Although his unit was authorized a bonus, his recruiter failed to have him complete a bonus addendum. He explains that he was sold on the idea of enlisting in the Army National Guard (ARNG) by the $8,000.00 cash bonus, the Montgomery G.I. Bill (MGIB), the MGIB Kicker, and college tuition. He trusted his recruiter to complete the necessary paperwork, which the recruiter obviously did not do.

In support of his request, he submits a memorandum from his battalion commander who confirms that the applicant’s unit was a bonus unit at the time of his enlistment, and states that the recruiter may not have known about the bonus since the recruiter was not the normal recruiter for the applicant’s unit.

The applicant also submits a list of units approved for an $8,000.00 cash bonus from 1 October 2000 to 31 March 2001. The applicant’s unit is contained on that list.

EVIDENCE OF RECORD: The applicant's military records show:

He enlisted in the ARNG with no prior service on 13 March 2001. In conjunction with his enlistment, he completed a DD Form 1966/3. The applicant signed in the blocks indicating his acceptance of the free life insurance policy and the MGIB. One of the two blocks between them state “I understand that I am eligible for the Enlistment Cash Bonus.”

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

1. An enlistment bonus is an incentive, not an entitlement. If it were an entitlement, the applicant would not be petitioning the Board. As such, the fact that the applicant’s unit was approved for a bonus does not establish a requirement to pay him that bonus.

2. While the applicant states that he was told by his recruiter that he would receive a bonus, he has not submitted any evidence to support his allegation.

3. The applicant signed a form in several places which contained the block indicating that a bonus was selected. It would appear reasonable that the applicant would have seen that block and questioned his recruiter as to why he wasn’t signing it if he was to receive a bonus.

4. As such, it would appear that the applicant’s recruiter simply did not offer the applicant a bonus. When the applicant later learned that he belonged to a unit which was entitled to a bonus, he submitted an application to the Board.

5. 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

__mvt___ ____fne__ ____ena_ DENY APPLICATION



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




INDEX

CASE ID AR2003083899
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20030515
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 128.05
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2002 | 2002076910C070215

    Original file (2002076910C070215.rtf) Auto-classification: Approved

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

  • ARMY | BCMR | CY2002 | 2002072850C070403

    Original file (2002072850C070403.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: That her military records be corrected to show that she enlisted in the Army National Guard (ARNG), not the US Army Reserve (USAR). In that response the IG stated that the applicant was not authorized an ARNG cash bonus because she was considered prior service when she enlisted in the ARNG, based upon her enlistment in the USAR. However, these recruiters were not present when the applicant enlisted in the USAR and the recruiters have given no basis for their opinion...

  • ARMY | BCMR | CY2002 | 2002072598C070403

    Original file (2002072598C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. He also submits a memorandum from the State Adjutant General of Illinois, who recommends that the applicant be given his bonus since he was not voluntarily transferred between units or MOS’s, and his new unit and MOS are also approved for a bonus. Chapter 9 establishes policy and prescribes procedures for separating members for fraudulent enlistments, reenlistments and...

  • ARMY | BCMR | CY2006 | 20060008739C070205

    Original file (20060008739C070205.doc) Auto-classification: Approved

    In the United States Army Recruiting Command Addendum to the enlistment contract, the applicant initialed that he understood that under the Army's Student Loan Repayment Program, the Army will not repay student loans in excess of $65,000.00 regardless of the amount of his student loans. In doing so, the applicant's military records should be corrected to show his Statement for Enlistment United States Army Enlistment Program was amended to include the sentence “If a student loan is accepted...

  • ARMY | BCMR | CY2005 | 20050015078C070206

    Original file (20050015078C070206.doc) Auto-classification: Approved

    This document shows, in pertinent part, that for a 4-year enlistment in MOS 63A, a $2,000.00 Enlistment Bonus was authorized. The evidence of record shows that, upon enlistment in the U.S. Army in MOS 63A for a period of 4 years, the applicant was granted a $6,000.00 Enlistment Bonus, which exceeded (by $4,000.00) the $2,000.00 Enlistment Bonus authorized by the Enlistment Bonus Program Changes message cited in the applicant's enlistment contract. The evidence of record shows that the...

  • ARMY | BCMR | CY2002 | 2002073983C070403

    Original file (2002073983C070403.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The LRP is an educational enlistment incentive which provides for payment of 33 1/3 percent or $1,500.00, whichever is greater, of the unpaid principal of eligible student loans for each year of active duty a soldier completes. Since the applicant acknowledged that she understood that only those loans which were made or insured under the Higher Education Act of 1965 were...

  • ARMY | BCMR | CY2003 | 2003086145C070212

    Original file (2003086145C070212.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. That form contained a number of statements, to include, "If the incentive … is for the … LOAN REPAYMENT PROGRAM (LRP), I understand that I must DISENROLL from the GI Bill in order to qualify for the program.…If I fail to complete the disenrollment portion of the DD Form 2366, I will not be eligible for the LRP and will become automatically enrolled in the GI Bill," and, "I...

  • ARMY | BCMR | CY2004 | 20040010209C070208

    Original file (20040010209C070208.doc) Auto-classification: Approved

    DA Form 3286- 59 (Statement for Enlistment, United States Army Enlistment Program, U.S. Army Delayed Enlistment Program) states the applicant is enlisting under program 9A Army Training Enlistment Program and 9C Army Incentive Enlistment Program (ACF $26,500.00) and (Cash Bonus $8,000.00). The applicant's enlistment documents state that he was enlisting, in addition to the U. S. Army Training Enlistment Program, for the "US Army College Fund $26,500." The advisory opinions admit that the...

  • ARMY | BCMR | CY2003 | 2003085667C070212

    Original file (2003085667C070212.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: That he be reimbursed for recoupment funds he paid for an Army National Guard enlistment bonus. The opinion states that the applicant had received $4,000.00 of an $8,000.00 bonus upon enlisting in the ARNG, but because the applicant transferred to the Regular Army before the end of his contract he had to pay the remaining funds from his bonus back to the Defense Finance and Accounting Service. DISCUSSION : Considering all the evidence, allegations, and information...

  • ARMY | BCMR | CY2004 | 20040011563C070208

    Original file (20040011563C070208.doc) Auto-classification: Denied

    Larry Olson | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's DA Form 3286-59 (Statement of Enlistment) shows he enlisted for the U.S. Army Incentive Enlistment Program – Army College Fund for up to $33,000 and a Cash Bonus. The applicant signed a DD Form 2366 (MGIB Act of 1984) dated 3 April 2001 indicating that he was eligible for the MGIB based on his initial entry on active duty after 30 June 1985.