Search Decisions

Decision Text

ARMY | BCMR | CY2005 | 20050002661C070206
Original file (20050002661C070206.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20050002661


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard Dunbar                |     |Member               |
|     |Ms. Laverne Berry                 |     |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 correction of his enlistment contract to show he
is authorized an enlistment bonus.

2.  The applicant states that he was entitled to an enlistment bonus as
noted in the U.S. Army Recruiting Command (USAREC) investigation and in his
enlistment contract.  He states that he was to receive a $3,000 enlistment
bonus; however, his career counselor failed to complete all of the
necessary paperwork.

3.  The applicant provides his enlistment contract; a letter from the
Office of the Inspector General (IG), USAREC, Fort Knox, Kentucky; and
orders awarding his military occupational specialty (MOS).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) under the
delayed entry program (DEP) on 3 November 1998.

2.  The applicant's DA Form 3286-59 (Statement of Enlistment) shows he
enlisted for training in MOS 96B (Intelligence Analyst).  His Statement of
Enlistment does not reflect he was authorized a cash bonus.

3.  The applicant's DD Form 1966/3 (Record of Military Processing – Armed
Forces of the United States) shows he was authorized a $3,000 cash bonus
based on Department of the Army (DA) Message 120730Z November 1998.

4.  The applicant enlisted in the Regular Army on 13 November 1998 for a
period of four years.  He completed basic training and advanced individual
training and was awarded MOS 96B.

5.  In an 8 November 2004 letter from the Office of the IG, USAREC, Fort
Knox, Kentucky, the applicant was informed the USAREC IG had determined he
was eligible for a seasonal enlistment bonus in accordance with DA Message
Number DAPE-MPA-RP 120730Z NOV 98 which was referenced in USAREC Message 98-
080.  The letter stated that the applicant met the prerequisites as
outlined in the messages; however, the guidance counselor failed to
initiate the appropriate addendum.  The USAREC IG requested the Defense
Finance and Accounting Service (DFAS) IG conduct an inquiry to determine if
he received the bonus.  As a result, the DFAS IG determined that the
applicant's contract did not indicate he was authorized a bonus.  The
applicant was offered two courses of action: to appeal to the Defense
Office of Hearings and Appeals (DOHA) or through the Army Board for
Correction of Military Records (ABCMR).
6.  In a 15 October 2004 letter from the DFAS IG, the applicant was
informed that he was not authorized a bonus as his contract indicates no
bonus due for this enlistment.  He was again advised that he had the right
to submit an appeal through the DOHA or the ABCMR.

7.  In the processing of this case, a staff advisory opinion was obtained
from the Chief, Incentives and Budget Branch, Enlisted Accessions Division,
Office of the Deputy Chief of Staff, G-1.  The opinion points out that
there was a $3,000 seasonal bonus in effect on the date of the applicant's
November 1998 enlistment in the Army.  The guidance counselor in this case
failed to properly list the bonus on the applicant's contract.  This office
recommended that the applicant be paid the $3,000 bonus that he was
entitled to upon his original enlistment date and successful completion of
training.

8.  A copy of the advisory opinion was forwarded to the applicant for
information and possible comment.  He concurred with the advisory opinion
rendered in his case.

9.  The applicant was honorably released from active duty on 30 November
2003 at the completion of his required active service.  He was transferred
to the USAR Control Group (Reinforcement) on the following date.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the USAR under the DEP on 3 November 1998.

2.  The applicant's DD Form 1966/3 indicated he was authorized a cash bonus
of $3,000 per DA Message 120730Z November 1998.  However, it appears the
guidance counselor did not prepare the appropriate addendum for the cash
bonus.

3.  Based on the advisory opinion provided by the Chief of the Incentives
and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief
of Staff, G-1, there was a $3,000 seasonal bonus in effect on the date of
the applicant's enlistment in November 1998 and the applicant's guidance
counselor failed to properly list the bonus on the applicant's contract.

4.  It appears that an injustice has occurred in this case.  It would be
equitable to amend the applicant's enlistment contract to show he was
authorized a $3,000 cash bonus and to pay him the bonus.
BOARD VOTE:

CG______  RD______  LB______  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 all
Department of the Army records of the individual concerned be corrected by
amending his enlistment contract to show he was authorized a $3,000
enlistment bonus and that DFAS be directed to pay the $3,000 due to the
applicant.




                                  Curtis Greenway_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002661                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]


Similar Decisions

  • ARMY | BCMR | CY2007 | 20070011272C071113

    Original file (20070011272C071113.doc) Auto-classification: Approved

    The applicant's record contains a Statement For Enlistment United States Army Enlistment Program DA Form 3286, dated 16 May 2006, which shows in Item (1) that, upon enlistment into the Regular Army the applicant will be enlisted under the provisions of Army Regulation 601-210, program or programs as indicated below, and contains, in pertinent part, the entry 9A – United States Army Training Enlistment Program (UNCM) and 9C - United States Army Incentive Enlistment Program (US Army Seasonal...

  • ARMY | BCMR | CY2001 | 2001059648C070421

    Original file (2001059648C070421.rtf) Auto-classification: Approved

    The applicant requests that she be paid an enlistment incentive cash bonus of $3000. The applicant’s military records show that she enlisted for pay grade E-4 in the Regular Army on 18 May 1999, for Army warrant officer flight training, Military Occupational Specialty (MOS) 09W1. An advisory opinion provide by the Chief of the Accession Management Section, U. S. Total Army Personnel Command (PERSCOM), states that the $3000 seasonal enlistment bonus was authorized for the MOS 09W at the...

  • ARMY | BCMR | CY2006 | 20060003504C071029

    Original file (20060003504C071029.doc) Auto-classification: Denied

    Ronald D. Gant | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. His DA Form 3286-59 shows he was enlisting for the U. S. Army Training Enlistment Program, the U. S. Army Incentive Enlistment Program (Cash Bonus $5,000), and the ACF for $33,000. His DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program) states he was enlisting for the U. S. Army Training Enlistment Program, the Seasonal...

  • ARMY | BCMR | CY2008 | 20080005721

    Original file (20080005721.txt) Auto-classification: Approved

    The applicant states, in effect, he never received his enlistment bonus. Item 32a (Specific Option/Program Enlisted For), of the applicant's DD Form 1996/3 (Record of Military Processing-Armed Forces of the United States), dated 6 June 2001, shows that he enlisted for 2 years for a cash bonus of $3,000.00. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he was erroneously denied the $3,000.00 enlistment bonus and...

  • ARMY | BCMR | CY2012 | 20120005113

    Original file (20120005113.txt) Auto-classification: Approved

    The advisory official points out: a. the applicant enlisted for 4 years in MOS 11X for a $9,000.00 bonus and a $3,000.00 seasonal bonus. The advisory official recommends the applicant be granted the higher bonus in the amount of $17,000.00 ($20,000.00 seasonal bonus minus the $3,000.00 seasonal bonus that was previously paid). MILPER Message Number 07-188 states effective 25 July 2007 a non-prior service seasonal bonus in the amount of $20,000.00 is available for all MOS who ship within 30...

  • ARMY | BCMR | CY2001 | 2001061836C070421

    Original file (2001061836C070421.rtf) Auto-classification: Approved

    The applicant requests in effect, that his military records be corrected to show that he is authorized an enlistment bonus of $14,000 plus interest. The Board agrees with the applicant that he made a contract in good faith with the government that he would enlist for 4 years in the Regular Army for training in MOS 88M with the understanding that the government would pay him bonuses totaling $14,000. That all of the Department of the Army records related to this case be corrected by showing...

  • ARMY | BCMR | CY2008 | 20080006452

    Original file (20080006452.txt) Auto-classification: Approved

    The advisory opinion also stated that the applicant contended “that he is also authorized a $20,000 seasonal bonus as announced in HQDA message dated 25 July 2007.” The advisory opinion stated that the cited message also permitted applicants who were in the DEP on the date of the message to receive the $20,000 bonus, but noted that the applicant was not in the DEP on the effective date of the message since he had already shipped to active duty on 9 July 2007. The advisory opinion stated...

  • ARMY | BCMR | CY2008 | 20080014819

    Original file (20080014819.txt) Auto-classification: Denied

    The applicant's records show he initially enlisted in the Regular Army for a period of 4 years on 8 July 1983. He subsequently completed a USAREC Form 1150-R-E (Statement of Understanding-Army Policy), indicating that his enlistment was in the grade of E-4 and that he enlisted for the broken service selective reenlistment bonus (BSSRB) incentive in accordance with Headquarters, Department of the Army (HQDA) Military Personnel Message 01-199, dated 5 July 2001 for MOS 96B for 3 years. The...

  • ARMY | BCMR | CY2011 | 20110020440

    Original file (20110020440.txt) Auto-classification: Approved

    The applicant requests payment of the Prior Service Selective Reenlistment Bonus (PSSRB)) he was guaranteed in conjunction with his 28 October 2004 Enlistment Contract (DD Form 4 (Enlistment/Reenlistment Document)). The advisory official recommended the applicant be granted relief and payment of a $3,000 PSSRB. The advisory official stated that at the time of the applicant's enlistment the Army was offering a $3,000 PSSRB for MOS 63H.

  • ARMY | BCMR | CY2011 | 20110009926

    Original file (20110009926.txt) Auto-classification: Approved

    An automated Statement for Enlistment – U.S. Army Enlistment Program – U.S. Army DEP (DEP-In) was completed on 7 October 2003. The applicant's enlistment reservation, dated 2 April 2003, shows the recruiter made a handwritten entry indicating the applicant was authorized a HIGRAD enlistment bonus in the amount of $6,000.00 per "Message Number 142014MAR03, dated 17 March 2003" [Headquarters, Department of the Army, message, date/time group 142014ZMAR03, subject: Enlisted Incentive Program...