RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 12 January 2006
DOCKET NUMBER: AR20050011545
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Ms. Linda D. Simmons | |Chairperson |
| |Mr. Rodney E. Barber | |Member |
| |Ms. Rea M. Nuppenau | |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 he be paid the $9,000 in enlistment bonuses
specified in his enlistment contract.
2. The applicant states he enlisted for 4 years in military occupational
specialty (MOS) 31L, a cash enlistment bonus ($5,000), and a seasonal
enlistment bonus ($4,000). He later found out he was not entitled to these
bonuses.
3. The applicant provides:
a. Regular Army Guaranteed Enlistment Training (RAGET) document.
b. Reservation Completion Form showing two bonuses totaling $9,000.
c. Statement for Enlistment (6 pages).
d. DD Form 1966/3 (Enlistment Contract).
e. FOCUS Report.
f. DA Recruit File.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the delayed enlistment program (DEP) on 10
April 2003. His DEP enlistment contract shows he enlisted for MOS 31L, a
cash enlistment bonus of $5,000, and a seasonal enlistment bonus of $4,000.
2. The applicant enlisted in the Regular Army for 4 years on 30 April
2003. His enlistment contract contained the same options specified in his
DEP enlistment contract.
3. Once on active duty, the applicant found out the Headquarters,
Department of the Army (HQDA) message authorizing enlistment incentives for
the period of his enlistment did not list his MOS as qualifying for the two
bonuses.
4. In the processing of this case, an advisory opinion was obtained from
the US Army Human Resources Command (HRC), Alexandria, Virginia which
states all
of the applicant's enlistment paperwork clearly reflects that he was
promised the two bonuses totaling $9,000. The opinion supports the
applicant's request as an exception to policy. The applicant was provided
a copy and concurred with the opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant signed an enlistment contract that clearly authorized the
payment of two enlistment bonuses (cash enlistment and seasonal
enlistment). He enlisted in good faith, expecting the bonuses were
authorized for his MOS.
2. It is unjust to enlist the applicant on the promise of cash bonuses
then deny payment of those bonuses after he comes on active duty. The HRC
advisory opinion supports this view and recommends payment.
3. Accordingly, it would now be in the interest of justice to correct the
applicant’s record to show that as an exception to policy he was authorized
enlistment in the Regular Army on 30 April 2003, in MOS 31L, for 4 years,
with entitlement to a cast enlistment bonus of $5,000.00 and a seasonal
enlistment bonus of $4,000.00.
BOARD VOTE:
__lds___ __reb___ __rmn___ 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:
a. showing that as an exception to policy he was authorized to enlist
in the Regular Army on 30 April 2003, in MOS 31L, for 4 years, with
entitlement of a cash enlistment bonus of $5,000.00 and a seasonal
enlistment bonus of 4,000.00; and
b. paying the now authorized bonus.
Linda D. Simmons
_____________________
CHAIRPERSON
INDEX
|CASE ID |AR20050011245 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060112 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |(GRANT) |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.1100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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