RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 November 2005
      DOCKET NUMBER:  AR20040009782


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that he be paid the $14,000
enlistment bonus he was promised in his enlistment contract.

2.  The applicant states he has never received his initial enlistment bonus
which is stated in his enlistment contract.  He also states that he
completed all the necessary requirements to receive the enlistment bonus.

3.  The applicant provides a copy of his enlistment contract, a letter from
the Directorate of Debt and Claims Management Defense Finance and
Accounting Service Denver Center and a copy of his Compassionate
Reassignment/Hardship Discharge Packet.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 March 2001, the date of his separation from active duty.
The application submitted in this case is dated 1 November 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 24 February 2000 for a period of 4 years.  He
enlisted for the U.S. Army Cash Bonus incentive ($14,000).  Item 5a (3)
(Statement and Conditions which apply to ALL incentive programs) of the
applicant's DA Form 3286-66 (Statement of Understanding, United States Army
Incentive Enlistment Program), dated 24 February 2000, states that, "I must
stay qualified in my incentive MOS [military occupational specialty] for
the duration of my initial enlistment, unless otherwise directed by
Headquarters, Department of the Army."

4.  The applicant successfully completed basic combat training and advanced
individual training in military occupational specialty 12B (Combat
Engineer).  On 15 March 2001, the applicant was discharged under the
provision of Army Regulation 635-200, chapter 6, for hardship.
5.  In the processing of this case, an advisory opinion was obtained from
the Defense Finance Accounting Service (DFAS), Denver.  The advisory
opinion noted that a review of the applicant's Master Military Pay Account
indicated that no enlistment bonus in any amount was paid to him during his
enlistment.  They also noted that they would issue a payment to the
applicant in the amount of $3704.07 minus applicable taxes, and that any
payment over the amount would require action by the ABCMR due to the fact,
by regulation, he only earned that amount.

6.  In the processing of this case, an advisory opinion was obtained from
the
Chief, Incentives and Budget Branch, Enlisted Accessions Division,
Department of the Army (DA) Office of the Deputy Chief of Staff, G-1.  This
DA G-1 official reviewed the applicant's case and noted that the policy in
effect during the applicant's service was to pay $7,000 as a lump sum and
the remainder paid out in equal amounts each quarter within one year of the
initial payment.  He also noted that a bonus is paid or not based on
whether the Soldier was separated through his own willful misconduct or
voluntarily.  In closing the DA official recommended that the Board find in
favor of the applicant and approve payment of the pro-rated bonus
entitlement in the amount of $12,250, the amount that would have been due
on the date of the separation.

7.  On 19 October 2005, a copy of the advisory opinions from DFAS, Denver
and DA G-1 were provided to the applicant for comment or rebuttal.

8.  On 5 November 2005, the applicant submitted his rebuttal.  He stated
that he concurred with the DA G-1 advisory opinion rendered in his case.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was discharged for hardship reasons.  The
applicant requested to be reassigned nearer to his father, but was denied
since the father's condition was termed as chronic.

2.  Records show that at the time of the applicant's enlistment, an initial
lump sum bonus would have been paid, with the remainder of the bonus paid
out incrementally.  If paid on schedule, the applicant would have received
his lump sum, plus three payments prior to his separation date.  Therefore,
it would be appropriate to approve payment of the pro-rated bonus
entitlement in the amount of $12,250 minus $3,704.17 (if already paid) for
a total of $8,545.83 minus applicable taxes.


BOARD VOTE:

__jrm ___  ___le ___  ___jed __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing the applicant is entitled to an initial payment of
$7,000 with 3 quarterly payments of $1750.00 for a total $12,250.00 minus
$3,704.17 (if already paid) that was paid by the DFAS.

2.  Payment of the enlistment incentives outlined in the preceding
paragraph will be accomplished under the normal regulatory terms
established for the administration of these enlistment incentives.




                                  _____Lester Echols________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009782                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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