RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR20060006665


      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. Lee Tinsley                   |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Edward Montgomery             |     |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 that his record be corrected to show entitlement
to an $8,000.00 HIGRAD bonus based on his successful completion of Officer
Candidate School (OCS) and commissioning as an officer.

2.  The applicant states, in effect, that the Army clearly intended to
provide an enlistment bonus of $8,000.00 for all applicants enlisting for
the Officer Candidate School (OCS) enlistment option.  He has been notified
that he will not be paid the promised bonus based on a legal interpretation
of Title 37, United States Code, Section 309.

3.  The applicant provides a copy of his enlistment contract documents and
commissioning documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 June 2005 under the
United States Army Officer Enlistment Program to attend the OCS course and
the United States Army Incentive Enlistment Program (US Army OCS Bonus).
The applicant was commissioned a Second Lieutenant on 8 December 2005.

2.  Headquarters, Department of the Army, Enlisted Accessions Division
(DAPE-MPA) Message, released on 7 April 2005, Subject: RA Enlistment
Incentive Program Change Effective 11 April 2005, implemented the authority
to utilize HIGRAD bonus for RA Officer Candidate School accessions and
changes lump sum bonus authority.  The message stated, in pertinent part,
that all applicants enlisting for the OCS enlistment option or those
applicants who previously contracted and depart for active duty for the OCS
enlistment option after the effective date of the message will receive a
bonus not to exceed $8,000.00 based on possessing a four-year college
degree or higher.  Eligible applicants may receive only one HIGRAD bonus.
This bonus is the only authorized bonus incentive for OCS enlistees.  The
bonus is payable in a lump sum upon successful completion of OCS and
commissioning as an officer in accordance with applicable provisions.

3.  In an advisory opinion, dated 20 April 2006, the Army G-1, Director of
Military Personnel Management, stated that due to the urgent need for OCS
applicants, the Army implemented an enlistment bonus of $8,000.00 for OCS
applicants as an extension of the current policy of paying an enlistment
bonus to all college
graduates under the High Grad (HIGRAD) bonus.  The Army began contracting
for this bonus on 11 April 2005 and officially suspended the bonus on 6
April 2006.

4.  The advisory opinion stated that the Army implemented the OCS
enlistment bonus under the existing statute governing enlistment bonuses as
defined in Section 309 of Title 37, United States Code.  The Defense
Finance and Accounting Service (DFAS) requested an advisory legal opinion,
and the Office of the General Counsel (OGC) opined that paying this
enlistment bonus to officer candidates is not in keeping with the intent of
the above cited statute, as interpreted by previous Comptroller General
opinions.

5.  The advisory opinion further stated that the Army, in good faith,
contracted with these Soldiers and agreed to pay them this bonus.  Granting
relief to them for the bonus listed in their contract is in the best
interests of the Army as it will positively impact the Army’s recruiting
efforts and the Army’s Global War on Terrorism mission.  It is also the
equitable thing to do for the officers involved.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record and the advisory opinion from the G-1 clearly
show the Army intended that the applicants be authorized the $8,000.00
enlistment bonus.

2.  The evidence of record confirms that the applicant enlisted for the
intended enlistment bonus under the United States Army Officer Enlistment
Program for the OCS course.  The applicant made a career decision based on
this contract and the Army’s failure to pay this bonus detrimentally
impacted the applicant through no fault of his own.  The record also
verifies that he completed OCS training and was commissioned as a Second
Lieutenant.  In view of the detrimental reliance in this case, it is
appropriate that the Army Board for Correction of Military Records pay from
its funds this contracted bonus.  The applicant’s enlistment contract
should be amended to show that he enlisted in the Regular Army with an
entitlement to an $8,000.00 HIGRAD bonus upon successful completion of OCS
training and commissioning as an officer.

3.  Title 10, U. S. Code, section 1552, the law which provides for the
Board, states that “The Secretary may pay, from applicable current
appropriations, a
claim for the loss of pay, allowances, compensation, emoluments, or other
pecuniary benefits, or the repayment of a fine or forfeiture, if, as a
result of
correcting a record under this section, the amount is found to be due the
claimant on account of his or another’s service in the Army, Navy, Air
Force, Marine Corps or Coast Guard, as the case may be.”

4.  In view of the foregoing the applicant’s record should be corrected
accordingly.

BOARD VOTE:

________  ________  ________  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 matter of equity.  As a result,
the Board recommends that the applicant’s enlistment contract be amended to
include entitlement to an $8,000.00 enlistment bonus upon successful
completion of OCS and commissioning as an officer, and the sentence “If the
enlistment bonus in the amount of $8,000.00 is not authorized for payment
by the Department, the Army Board for Correction of Military Records may
pay the bonus, at its sole discretion, in accordance with Title 10, U.S.
Code, section 1552.”

2.  The Defense Finance and Accounting Service shall remit payment to the
applicant the total amount of his enlistment bonus in a lump sum payment of
$8,000.00 to which he is entitled as a result of this correction.




                                  ______________________
                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006665                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006XXXX                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHNEIDER                           |
|ISSUES         1.       |09S Project – OCS Bonus                 |
|112.1100                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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