RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 January 2006
      DOCKET NUMBER:  AR20050015078


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Gerald J. Purcell             |     |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 a HiGrad Bonus of
$8,000 based on his enlistment in the U.S. Army with a 4-year bachelor's
degree.

2.  The applicant states, in effect, that he enlisted in the U.S. Army
Reserve and received his Bachelor of Arts degree before entering active
duty in the U.S. Army.  He also states that when he enlisted in the U.S.
Army Reserve, his recruiter failed to inform him about the HiGrad Bonus;
otherwise, he would have delayed enlisting in the Army until after he
completed his college degree.

3.  The applicant provides his DD Form 4 Series (Enlistment/Reenlistment
Document), dated 28 August 2002; DD Form 1966 Series (Record of Military
Processing - Armed Forces of the United States), dated 28 August 2002;
USAREC Form 1150 (Statement of Understanding - Army Policy), dated
8 February 2002; DA Form 3286-59 (Statement for Enlistment - U.S. Army
Enlistment Program, U.S. Army Delayed Enlistment Program), dated 8 February
2002; DA Form 3286-64 (Statement for Enlistment - U.S. Army Station/Unit/
Command/Area Enlistment Program), dated 28 August 2002; Statement of
Understanding - U.S. Army Incentive Enlistment Program (Annex D), dated
28 August 2002; USAREC Form 1127-R-E (Statement for Enlistment - Army
Policy), dated 8 February 2002; DA Form 3286-67 (Statement of Understanding
- Army Policy), dated 8 February 2002; Standard Form (SF) 86 (Security
Clearance Application), dated 6 July 2001; SF 86 (Authorization for Release
of Information), dated 6 July 2001; DD Form 2366 (Montgomery GI Bill Act of
1984), dated 8 February 2002; DD Form 2808 (Report of Medical Examination),
dated
6 July 2001; DA Form 4187 (Personnel Action), dated 2 December 2002; Austin
College Bachelor of Arts diploma, dated 23 August 2002; and Austin College
Undergraduate Transcript, dated 29 August 2002.

CONSIDERATION OF EVIDENCE:

1.  On 6 July 2001, the applicant enlisted in the U.S. Army Reserve in pay
grade E-3 for a period of 8 years.  The applicant subsequently entered
active duty in the Regular Army on 28 August 2002 for a period of 4 years.
The applicant is currently serving in the Army, in the rank of sergeant/pay
grade E-5, in military occupational specialty (MOS) 63A (Abrams Tank System
Maintainer).

2.  The applicant's record contains a USAREC Form 1150, dated 8 February
2002, which shows, in pertinent part, in Item 11 (Incentive Information)
that he enlisted for the Army College Fund (ACF)/Army Cash Bonus
(incentive) in accordance with HQDA MILPER Message, date-time group 031100Z
December 2001, dated 4 December 2001, for MOS 63A1O for 4 years.  This
document also shows that the applicant initialed this item and that both he
and the U.S. Army Guidance Counselor each affixed their signature to the
document.

3.  The applicant's record contains a DA Form 3286-59, dated 8 February
2002, which shows in Item 1d(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 "9C - U.S. Army Incentive Enlistment Program  ACF/Cash
Bonus".  This document also shows that both the applicant and U.S. Army
Counselor each authenticated the document by affixing their signature to
the document.

4.  The applicant's record contains a DA Form 3286-67, dated 8 February
2002, which shows in Item 5 that the applicant enlisted for specific
Educational Incentive Programs, with instructions to initial under the
appropriate column for each program.  The applicant affixed his initials
under the "Yes" column indicating "Montgomery GI Bill (MGIB)" and "Army
College Fund (ACF)".  This document also shows that both the applicant and
U.S. Army Counselor each authenticated the document by affixing their
signature to the document.

5.  The applicant's record contains a Statement of Understanding - U.S.
Army Incentive Enlistment Program (Annex D), dated 28 August 2002; which
shows in pertinent part, that the applicant enlisted for the U.S. Army Cash
Bonus/ACF. Item 2 of the document shows, in pertinent part, that the bonus
amount is $6,000.00 authorized by HQDA message 031100Z December 2001, dated
4 December 2001.  This document also contains a hand-written entry that
shows the ACF amount as $50,000.00.  This document contains the initials of
the applicant and also shows that both the applicant and U.S. Army
Counselor each authenticated the document by affixing their signature to
the document.

6.  The applicant provides documentation related to his enlistment
contract, copies of his college transcript and diploma, and a DA Form 4187.
 The documentation related to the applicant's enlistment contract confirms
the enlistment incentive information contained in his Official Military
Personnel File, as outlined above.  The college transcript and diploma show
that the applicant received a Bachelor of Arts degree in International
Studies that was conferred on 23 August 2002.  The DA Form 4187 shows that
the applicant was advanced to the rank of specialist/pay grade E-4,
effective 28 August 2002, with a date of rank of 28 August 2002, based upon
successful completion of a degree producing college program of 4 years
duration, prior to his enlistment in the Regular Army.  This document also
shows that the college is listed in the Accredited Institutions of
Postsecondary Education book, published by the American Council on
Education.  The applicant also references Headquarters, Department of the
Army (HQDA), Military Personnel (MILPER) Message 00-185, but does not
provide a copy.

7.  During the processing of this case, an advisory opinion was obtained
from the Chief, Accessions Management Branch, U.S. Army Human Resources
Command (USA HRC), Alexandria, Virginia.  On 23 November 2005, this USA HRC
official referenced HQDA MILPER Message 031100Z December 2001, which is
cited on the applicant's enlistment contract, and advised that the correct
enlistment bonus for the applicant was actually $2,000.00 when taken with
the $50,000.00 ACF, and that the enlistment bonus taken without the ACF
incentive was $5,000.00 (not $6,000.00, as indicated on Annex D of the
applicant's enlistment contract).  In addition, this USA HRC official
indicated that the applicant qualified for the $8,000.00 HiGrad Bonus in
effect at the time of his enlistment.  This official also verified with the
Defense Finance and Accounting Service that the applicant has been paid a
$6,000.00 Cash Bonus, an overpayment of $4,000.00.  The USA HRC official
further opined that the applicant be paid an additional $4,000.00 bonus,
along with the overpayment of $4,000.00 that he already received based on
the enlistment bonus error contained in the applicant's enlistment
contract.

8.  On 1 December 2005, the applicant was provided a copy of the USA HRC
advisory opinion in order to have the opportunity to reply to its contents.
 On
14 December 2005, the applicant responded by indicating that he concurred
with the advisory opinion rendered in his case.

9.  HQDA MILPER Message 00-185, date-time group 311447Z May 2000, and dated
1 June 2000, announced Enlistment Bonus Program Changes, effective
2 June 2000, and had an expiration date of 2 June 2002, and is not
applicable in this case.  However, it does show that the HiGrad Bonus was
not included in the Enlisted Incentive Program message at the time the
applicant enlisted in the U.S. Army Reserve.

10.  HQDA MILPER Message 02-042, date-time group 031100Z December 2001, and
dated 3 December 2001, announced Enlistment Bonus Program Changes,
effective 4 December 2001, and had an expiration date of 4 December 2002.
This document shows, in pertinent part, that for a 4-year enlistment in MOS
63A, a $2,000.00 Enlistment Bonus was authorized.  This document also shows
that an $8,000.00 HiGrad Bonus was authorized for applicants with 60
semester hours or more of college education and that this bonus may be
combined with all other bonuses and enlistment incentives then in effect.

11.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment
Program), in effect at the time of the applicant's enlistment, provides the
eligibility criteria, policies, and procedures for enlistment and
processing of persons into the Regular Army and U.S. Army Reserve.
Paragraph 2-20g of this document provides, in pertinent part, an applicant
who successfully completed a degree producing college program of 4 years
duration and the college or university is listed in the Accredited
Institutions of Postsecondary Education book, published by the American
Council on Education; and has been awarded a Bachelor's or higher degree;
and enlists, at any time, will be enlisted in the pay grade of specialist/E-
4.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to receive a
HiGrad Bonus of $8,000.00 because he enlisted in the U.S. Army with a 4-
year bachelor's degree.  He also contends that had the Army recruiter
advised him of this fact, he would have delayed enlisting until after he
completed his college degree.

2.  The evidence of record shows that, upon enlistment in the U.S. Army in
MOS 63A for a period of 4 years, the applicant was granted a $6,000.00
Enlistment Bonus, which exceeded (by $4,000.00) the $2,000.00 Enlistment
Bonus authorized by the Enlistment Bonus Program Changes message cited in
the applicant's enlistment contract.

3.  The evidence of record shows that the applicant completed 60 semester
hours or more of college education prior to entering the Regular Army.
However, notwithstanding the fact that the appropriate Enlistment Bonus
Incentive Program Changes message is cited in the applicant's enlistment
contract, there is no indication that he was authorized an $8,000.00 HiGrad
Bonus.

4.  The evidence of record shows that the applicant was promoted to the
rank of specialist/pay grade E-4, effective 28 August 2002, with a date of
rank of
28 August 2002, based upon successful completion of a degree producing
college program of 4 years duration prior to his enlistment in the Regular
Army, which confirms the applicant qualified for a HiGrad Bonus upon entry
into the Regular Army.

5.  The advisory opinion confirms that the applicant has been paid
$6,000.00 in cash bonus as a result of the terms of his enlistment
contract.

6.  The evidence of record shows that the applicant was actually entitled
to a $2,000.00 Enlistment Bonus and an $8,000.00 HiGrad Bonus, for a total
cash bonus of $10,000.00.

7.  In view of the facts of this case, it appears the applicant entered
into an erroneous contract with the Army, based on the failure of
recruiting personnel to properly annotate the correct enlistment bonus
amount (i.e., $2,000.00) and authorization for the HiGrad Bonus (i.e.,
$8,000.00).  However, the prospect of ignoring the erroneous $4,000.00
overpayment in Enlistment Bonus to the applicant and authorizing an
$8,000.00 HiGrad Bonus, amounts to a $4,000.00 windfall to the applicant.
In view of the fact that the applicant was actually entitled to a total of
$10,000.00 in cash bonus and has been paid $6,000.00 in connection with his
enlistment, it would not be appropriate to authorize payment of an
$8,000.00 HiGrad Bonus.  Given the error on the part of Government
officials during the applicant's enlistment processing, it is appropriate
to rectify the resultant injustice by granting part of the requested relief
at this time.  While the Board has no jurisdiction to stop the enlistment
bonus in this case, the cash bonus is a legitimate factor to consider in
granting equitable relief regarding the HiGrad Bonus.  Therefore, in view
of the foregoing, the applicant is entitled to payment of an additional
$4,000.00 in cash bonus.

BOARD VOTE:

___JI ___  __WFC__  __GJP __  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 amending the applicant's Statement of Understanding to show
the total cash bonus amount is $10,000.00 (i.e., $2,000.00 Enlistment Bonus
and $8,000.00 HiGrad Bonus).


2.  That as a result of the foregoing correction, the Defense Finance and
Accounting Service shall remit payment to the applicant the remaining cash
bonus due, in the amount of $4,000.00, to which he is entitled as a result
of this correction.




                                  _____JOHN INFANTE_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015078                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060119                                |
|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.       |112.1100.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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