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ARMY | BCMR | CY2004 | 20040008035C070208
Original file (20040008035C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            7 June 2005
      DOCKET NUMBER:   AR20040008035


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Karen Y. Fletcher             |     |Member               |
|     |Mr. Kenneth L. Wright             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the enlistment bonus her deceased spouse, a
former service member (FSM), was due be paid.

2.  The applicant states that the FSM was authorized a prior service
enlistment bonus upon acquiring the "H" special qualification identifier
(SQI).

3.  The applicant provides a DD Form 1300 (Report of Casualty); an undated
letter from the FSM's recruiter; a 25 March 2005 letter from the Casualty
Assistance Officer; the FSM's 9 August 2001 enlistment contract; and email
dated 21 May 2004.

CONSIDERATION OF EVIDENCE:

1.  The FSM served in the Regular Army from 16 April 1991 through 15 April
1994 and in the Army National Guard from 16 April 1994 through 5 February
1999 when he was discharged upon his expiration term of service.

2.  The FSM enlisted in the U. S. Army Reserve (USAR) on 9 August 2001 for
  3 years.  His DD Form 1966/3 (Record of Military Processing – Armed
Forces of the United States) shows he enlisted for the USAR Prior Service
Enlistment Program in military occupational specialty (MOS) 11B Infantry
Instructor.  His DA Form 3286-67 (Statement of Understanding (Army Policy))
indicated that an enlistment bonus was not applicable.

3.  The FSM completed the Total Army Instructor Training Course on 6 April
2002 and was awarded SQI "H" (instructor-qualified) effective 18 June 2002.

4.  The FSM deployed to Iraq on an unknown date.  He died on 26 April 2004.

5.  In the processing of this case, an advisory opinion was obtained from
the Retention Team Chief, U. S. Army Human Resources Command – St. Louis,
MO.  The advisory opinion noted that page two of the FSM's DA Form 3286-67
clearly states that an enlistment bonus was not applicable.  The bonus
paperwork has to be completed at the Military Entrance Processing Station
prior to enlistment; therefore, it was their finding that a bonus was not
offered to the FSM.

6.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  She did not respond within the given time frame.

7.  On 26 May 2005, the Reserve Component Recruiting Incentives Branch,
Deputy Chief of Staff for Personnel, G-1 informed the Board analyst that
under the second half Fiscal Year 2001 Selected Reserve Incentive Program
guidance a prior-service bonus of $2,500 would have been authorized for an
individual enlisting in the USAR for 3 years in MOS 11B.  There was no
guidance specifically for SQI H qualification.

DISCUSSION AND CONCLUSIONS:

1.  The advisory opinion's finding that the FSM was not offered an
enlistment bonus might be accurate.  However, notwithstanding the
information on his DA Form 3286-67 the evidence shows that he was eligible
for a prior service bonus of $2,500 for enlisting in the USAR for 3 years
in MOS 11B.

2.  It would be equitable to correct the FSM's 9 August 2001 enlistment
contract to show he was eligible for a prior service enlistment bonus of
$2,500 and to pay that bonus to the applicant.

BOARD VOTE:

__wdp___  __kyf___  __klw___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that the 9
August 2001 USAR enlistment contract of the individual concerned be
corrected by showing he was eligible for a prior service enlistment bonus
of $2,500 and by paying that bonus to the applicant.




            __William D. Powers___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040008035                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050607                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.11                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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