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. | |
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