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ARMY | BCMR | CY2005 | 20050001864C070206
Original file (20050001864C070206.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 October 2005
      DOCKET NUMBER:  AR20050001864


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 she be paid the cash enlistment bonus she
was given at the time of her enlistment.

2.  The applicant states she signed her enlistment contract on 27 August
2002 and there was an enlistment bonus for her military occupational
specialty (MOS). The counselor told her that she was not authorized this
bonus because she was considered prior service (PS) and would receive no
incentives.  She states she should have been considered non-prior service
(NPS) or days of service (DOS).

3.  The applicant provides a copy of her enlistment contract, her DD Form
214 (Certificate of Release or Discharge from Active Duty), her Reservation
Sheet and  U.S. Army Recruiting Command (USAREC) Message 02-087 311800 May
2002.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve under the delayed
enlistment program on 29 March 2001.  She enlisted in the Regular Army on 5
July 2001 for a period of four years.

2.  On 9 August 2001, the applicant was discharged from active duty in the
rank of private E-2 under the provisions of Army Regulation 635-200,
paragraph 5-11 for failing medical/physical procurement standards.  She
completed 1 month and 5 days total active military service during this
period.

3.  The applicant's reservation sheet dated 27 August 2002 shows she
completed 12 years of education and received a high school diploma.  This
document also shows the reason for her advanced rank as "PRIOR SERVICE."

4.  She signed a USAREC Form 1150-R-E (Statement of Understanding – Army
Policy, USAREC Addendum to DD Form 1966 Series) on 27 August 2002 which
shows her enlistment grade as private E-2 in accordance with Army
Regulation 601-210, paragraph 3-7.  She acknowledged that her date of rank
would be adjusted at her first duty station in accordance with Army
Regulation 600-20.

5.  The applicant signed a USAREC Form 978-R-E (Statement of Understanding,
Regular Army Enlistment Delay for Applicant with Prior Service or an
Existing Military Service Obligation)) on 27 August 2002 which shows she
would be enlisting for training in MOS 92G (Food Service Specialist).  This
form was amended on an unknown date to delete training of choice and
entered unit of choice.
6.  The applicant's enlistment contract shows she enlisted in the Regular
Army on 22 January 2003 for a period of three years.

7.  USAREC Message 02-087 (Date/Time Group 311800 May 2002) effective
on 3 June 2002 stated that seasonal enlistment bonuses were currently in
effect for applicants selecting an MOS having a near term priority training
seat.  The amounts of these bonuses were $7,000, $2,000 or $1,000 for 11X,
13B, 13F, 13R, 14J, 18X, 19K, 77F, 92G and $4,000, $2,000 or $1,000 for
other MOS with priority training seats.  This bonus was for new contracts
only and applied to non-prior service and DOS applicants.  HiGrad bonuses
were authorized for TSC I-IIIA non-prior service and DOS (options 3, 4, 18,
19) applicants with 30 or more semester hours enlisting for 2 or more years
into an MOS listed in paragraph 14. A $4,000 bonus was authorized for 30-59
semester hours of college and $8,000 bonus was authorized for 60 or more
semester hours of college.  The HiGrad bonus may be combined with other
incentives.

8.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Accessions Management Branch, Army Human Resources Command,
Alexandria, Virginia.  The Chief of the Accessions Management Branch
recommended disapproval of the applicant's request to receive an enlistment
bonus.  The opinion points out that the applicant enlisted with 35 DOS from
a previous enlistment.  DOS applicants were offered a HiGrad bonus and a
Seasonal bonus (if qualified) at the time of her enlistment into the
Delayed Entry Program on 27 August 2002.  The HiGrad bonus was for
applicants with at least 30 semester hours of college.  The opinion states
that the applicant was a high school graduate with no further education
credits.  The Seasonal bonus was offered to applicants who shipped onto
active duty within 30, 60, or 90 days of contracting.  The applicant
contracted on 27 August 2002 and shipped onto active duty on 22 January
2003, beyond the 90-day window, making her ineligible for this incentive.

9.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  However, she did not respond within the allotted
timeframe.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the Regular Army from 5 July 2001 to 9 August
2001 and completed 1 month and 5 days of active military service during
this period.

2.  The applicant's reservation sheet shows she entered the delayed entry
program on 27 August 2002 initially for training in MOS 92G.  It appears
there was no training seat available until after January 2003 (i.e. not
near term priority). Her enlistment date was scheduled for 22 January 2003.

3.  At the time of her enlistment, a Seasonal bonus and a HiGrad bonus were
authorized.  However, she did not meet the requirements for these bonuses
because she was a high school graduate with no further education credits
and was not shipped onto active duty within 30, 60 or 90 days of
contracting.  She acknowledges she was not promised these bonuses by her
recruiter.

4.  Based on the foregoing, there is no basis for granting the applicant a
cash enlistment bonus.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

MM______  LB______  CD______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  Mark Manning__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001864                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051004                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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