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ARMY | BCMR | CY2005 | 20050000171C070206
Original file (20050000171C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 OCTOBER 2005
      DOCKET NUMBER:  AR20050000171


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Jeanette 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 payment of an enlistment bonus in the amount of
$8000.00.

2.  The applicant states that his MOS (military occupational specialty) is
98C.  He enlisted in the Army as a 98XL.  He did not complete language
school in 1991 and subsequently became a 98C.  He did not receive his
original enlistment bonus.  Since he was originally a 98XL he should have
received his bonus after completing advanced individual training (AIT).  He
has tried to resolve this matter, only recently meeting a Soldier in like
circumstances who did receive his enlistment bonus.

3.  The applicant provides a copy of his enlistment documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
for 8 years on 18 November 1989 for training in MOS 98XL (Electronic
Warfare/Signal Intelligence (Linguist)) with a cash bonus of $8000.00.  He
was discharged from the DEP upon his enlistment in the Regular Army for 4
years on 16 August 1990 in the same MOS and with the same cash bonus.  He
signed a statement of understanding at that time that he understood that
should he fail to satisfactorily complete advanced individual training he
would be trained in another MOS and required to complete his term of
enlistment forfeiting any entitlement to the cash bonus.

2.  The applicant has been on continuous active duty since his enlistment
in 1990.  His most current Noncommissioned Officer Evaluation Report, for
the period April 2003 to March 2004, shows that he is a staff sergeant
assigned to a military intelligence company in Germany as a signal
intelligence sergeant in MOS 98C30.

3.  Army Regulation 601-210 provides in pertinent part, policies and
instructions on the administration of the enlistment bonus program.  The
incentive prescribed for a selected MOS will be announced by message.
Enlistment incentives are offered to those enlisting for a specific MOS.
The MOS are adjusted periodically to meet the manpower needs of the Army.
Additions to and deletions from the list of incentives for specific MOS
vacancies are made.  To be eligible for an enlistment incentive, an
enlistee must meet qualification requirements and successfully complete
advanced or one station unit training and be awarded the MOS for which
enlisted.  If a Soldier, through no fault of his own, is disqualified from
or fails to complete training in the MOS for which enlisted for an
incentive, he will be have the option to continue the current enlistment
and to select another bonus MOS for training, and on satisfactory
completion of training and award of the MOS, be entitled to the bonus for
that MOS; or to select training where space is available in any nonbonus
MOS for which qualified and complete the term of enlistment for the MOS
selected.  No bonus is granted in this case.  Entitlement to the incentive
is contingent on successful completion of training and award of a
designated MOS.  A Soldier is entitled to the incentive in effect on the
date of initial contract in the DEP.

4.  In the processing of this case an advisory opinion was obtained from
the Accession Management Branch, Human Resources Command.  The chief of
that branch recommended approval of the applicant’s request, stating that
MOS 98XL is a surrogate recruiting MOS for MOS 98CL and 98GL, which require
language training.  He stated that the Army decides which MOS is needed
after accession. He stated that the applicant failed to complete language
training and was assigned to MOS 98C without a language; however, Army
policy is to award the enlistment bonus that was in effect for MOS 98C (non
language) at the time of enlistment into the DEP, and that MOS 98C offered
a $6000.00 enlistment bonus.  He recommended payment of the $6000.00
enlistment bonus.
The applicant concurred with the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant failed to complete language training as he so states.  He
is not entitled to an enlistment bonus of $8000.00; however, he was
assigned to      MOS 98C, a bonus MOS at that time calling for an
entitlement of $6000.00 as indicated by the advisory opinion.  The
applicant is entitled to that bonus.

2.  Consequently, the applicant should receive an enlistment bonus of
$6000.00 based on his enlistment in the Army Reserve DEP on 18 November
1989, his successful completion of training in MOS 98C, and award of that
MOS.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JM ___  __JG  ___  __JM ___  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 partial relief.  As a result, the Board
recommends that the individual concerned receive an enlistment bonus of
$6000.00.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
receipt of an enlistment bonus in excess of $6000.00.





                                  ______John Meixell__________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000171                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051020                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.12                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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