RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           2 August 2005
      DOCKET NUMBER:  AR20050009124


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |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 receive the Army College
Fund (ACF) and Enlistment Bonus (EB) entitlements he was guaranteed in his
Enlistment Contract (DD Form 4).

2.  The applicant states, in effect, that he entered into his contract with
the Army in good faith with the understanding that he would be authorized
an EB and the ACF.  He states that now that he is at his first permanent
duty assignment, he has been informed that the Army Guidance Counselor who
prepared his enlistment contract paperwork made an error in authorizing him
these options.  He requests he be given the incentives he was promised
before reporting to his active duty assignment.

3.  The applicant provides the following documents in support of his
application:  Self-Authored Statement, Recruiting Guidance Counselor
Statement, Enlistment Contract (DD Form 4), Military Occupational Specialty
(MOS) Orders, Training Reservation, and Electronic Mail (e-mail) Messages
with Human Resources Command (HRC).

CONSIDERATION OF EVIDENCE:

1.  On 18 March 2005, the applicant was informed by the HRC Acting Chief,
Education Incentives and Counseling Branch that his request for the ACF
incentive was approved and that his combined Montgomery GI Bill and ACF
benefits are not less than $42,000.00.  Given this administrative
resolution to his ACF request has been accomplished, this issue will not be
addressed further in this Record of Proceedings.

2.  The applicant’s enlistment contract and allied papers confirm that he
enlisted in the Regular Army and entered active duty on 20 January 2004.
Page 1 of the Statement of Understanding completed by the applicant during
his enlistment processing shows he was enlisting for Option 9A (United
States Army Training Enlistment Program) and Option 9C (Incentive
Enlistment Program).  The Option 9A training he enlisted for was in MOS 96B
(Intelligence Analyst) and the Option 9C incentives included a “Hi-Grad” EB
and ACF.
3.  The training reservation sheet completed on the applicant during his
processing for entrance on active duty shows that in connection with his
enlistment, he was entitled to the Hi-Grad EB and ACF.  There is a hand-
written bonus amount of $3,000.00 entered on this document.

4.  The applicant provides e-mail traffic that indicates the responsible
Army officials confirm that the applicant’s enlistment contract and allied
papers appear to authorize him a Hi-Grad bonus of $3,000.00.  However, at
the time of his enlistment, his MOS was not included in the list of MOSs
authorized to receive this bonus.

5.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program) prescribes eligibility criteria governing the enlistment of
persons, with or without prior service (PS), into the Regular Army (RA) and
the Army Reserve (AR).  Section II, chapter 6 contains guidance on the
guidance counselor phase of processing.  It states, in pertinent part, that
applicants who failed to meet specific qualifications for MOS, options, and
assignments, for which they applied will be counseled and advised of all
other available options that would still meet the applicants needs, wants,
and desires as well as the needs of the U.S. Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his enlistment contract entitled him to a
$3,000.00 Hi-Grad EB was carefully considered and found to have merit.

2.  The evidence of record confirms that the applicant enlisted for a
$3,000.00
Hi-Grad EB that was authorized in his enlistment contract.  The record also
verifies that he met the education and time frame requirements necessary to
receive this bonus, but his MOS was not on the authorized list of MOSs
authorized the bonus at the time of his enlistment.  Therefore, given
recruiting personnel failed to notify him he was not eligible for the bonus
prior to his departing for active duty, it would be appropriate, and serve
the interest of justice, to provide him the Hi-Grad EB he was promised in
his enlistment contract at this time.
BOARD VOTE:

___WDP_  ___RLD_  __JRM__  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 that he remains entitled to the $3,000 Hi-Grad
enlistment bonus authorized in his enlistment contract.

2.  That the Defense Finance and Accounting Service (DFAS) provide the
applicant payment of the $3,000 bonus to which he remains entitled.




            ____William D. Powers ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050009124                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/08/02                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  1025 |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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