RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      1 June 2006
      DOCKET NUMBER:  AR20060007360


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M Ray                  |     |Member               |
|     |Mr. David K. Haasenritter         |     |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 a $7,000.00 enlistment bonus (EB) for his non-prior service enlistment
into the Individual Ready Reserve (IRR) under the military occupational
specialty (MOS) 09L (Translator Aide) Translator Aide Program.

2.  The applicant states, in effect, that the Army clearly intended to
provide an enlistment bonus for all 09L enlistments, but did not receive
the authority until after his date of enlistment.  All subsequent 09L
enlistments received an enlistment bonus.  He states he should receive the
09L enlistment bonus on the same schedule provided in the 23 August 2004
authorization message.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted into the United States Army Reserve in pay grade
E-3 on 20 August 2003 under the Army Civilian Acquired Skills Program for
MOS 09L.  The applicant completed basic combat training and was awarded MOS
09L in accordance with his enlistment contract.

2.  A review of the background of the 09L Enlistment Program indicates that
the planning started on 14 February 2003 when the Office of the Secretary
of Defense tasked the Army to conduct a pilot test to recruit Arabic, Dari
and Pushtu speakers into the IRR to “meet critical foreign language
requirements” in order to increase the pool of linguists available to
support current contingency operations and the Global War on Terrorism.
The Special Reporting Code 09L, Translator Aide (at that time only
available in the Reserve Component) was developed.  The 09Ls, as native and
heritage speakers, have a level of cultural knowledge others would not
have.  The first Arabic speakers were contracted in August 2003.

3.  A memorandum signed by the Deputy Secretary of Defense, dated 28 June
2004, authorized payment of enlistment bonuses to individuals who enlist in
the U.S. Army Reserve for a period of 2 years and agree to train as a
Translator Aide (MOS 09L).  This change in policy was not to have been
superseded by DoD Directive 1304.21, but was to have been incorporated into
Change 1 of that revision.

4.  A memorandum was prepared by the Assistant Secretary of the Army
(Manpower and Reserve Affairs), dated 9 September 2004, Subject:
Retroactive Bonus for Military Occupational Specialty 09L (Translator Aide)
to the Chief, Legislative Liaison, in an attempt to obtain authorization
for retroactive bonus payment for the 09L enlistees between the period of 1
August 2003 and 27 June 2004.  He referenced the memorandum from the Deputy
Secretary of Defense, dated 28 June 2004, which authorized payment of
enlistment bonuses to “individuals who enlist in the U.S. Army Reserve for
a period of 2 years and agree to train as a Translator Aide (09L).”
Individuals had begun enlisting in the IRR to participate in the 09L
program in August 2003.  An opinion from the Army’s Office of the General
Counsel (OGC) stated that the bonus could only be paid from 28 June 2004
forward, as the memorandum stated “Effective immediately.”  Consequently,
those Soldiers who had enlisted between August 2003 and 27 June 2004, were
deemed not to be eligible for the bonus.  This will have a negative impact
on the morale of the Soldiers who were the first to volunteer, in essence
the “trailblazers” of the program.  This could well have a ripple effect
into the Arab-American community, creating a backlash that could impact
future recruiting in this demographic.

5.  Headquarters, Department of the Army, Enlisted Accessions Division
(DAPE-MPA) Message, released on 23 August 2004, Subject: Implementing
Guidance for the Non-Prior Service Enlistment Bonus for Individual Ready
Reserve (IRR) 09L Translator Aide Program, established the procedural
guidance for the 09L Translator Aide Program.  The message states, in
pertinent part, that:

      a.  Effective immediately, qualified individuals will be eligible to
receive a $7,000.00 bonus for enlisting into the IRR 09L Translator Aide
Program.  Payment of this bonus will commence once the individual has
successfully completed the required training and been officially designated
as an 09L Translator Aide.  Bonus payment schedule will be 50 percent of
the total bonus amount paid upon designation as an 09L Translator Aide; 25
percent of the total bonus amount paid upon the second anniversary of
enlistment, and the remaining 25 percent of the total bonus amount paid
upon the fourth anniversary of enlistment.

      b.  Enlistees will incur an 8-year mandatory service obligation (MSO)
in the IRR.  Should an individual not successfully fulfill their required
MSO, recoupment actions will be initiated on behalf of the Federal
Government in accordance with Army Regulation 601-280, Army Retention
Program.

      c.  The Human Resources Command – St Louis (HRC-STL) Reenlistment
Team will initiate enlistment bonus payments once they have received
required documents (enlistment contract and 09L Translator Aide Diploma) to
validate an individual as being qualified as an 09L Translator Aide.

6.  A message, Subject:  Change to Non-Prior Service Enlistment Bonus
Amount for IRR 09L, Translator Aide Program, undated, was released
increasing the bonus amount to $10,000.00 and authorizing the payment in a
lump sum.

7.  In an advisory opinion, dated 5 January 2006, the Army G-1, Director of
Military Personnel Management, stated that due to the urgent need for 09L
Translator Aides to support the Global War on Terrorism (GWOT), the 09L
Translator Aide Program was developed and implemented prior to receiving
Office of the Secretary of Defense (OSD) approval of an enlistment bonus.
Upon OSD completing legal interpretation of the laws, the bonus was
authorized on
28 June 2004, leaving those Soldiers who had enlisted for the 09L program
between August 2003 and 27 June 2004 without an enlistment bonus.

8.  The advisory opinion noted that the Army’s image and accessions mission
supporting this critical new program could be better served through
authorizing payment of a $7,000.00 enlistment bonus for those Soldiers who
enlisted for the program between August 2003 and 27 June 2004.

9.  The advisory opinion further stated that reconciling this issue in a
positive manner will have lasting impacts on the future support of the
program and the Army’s GWOT mission.  Any enlistment bonus above $7,000.00
was a matter of changes in enlistment priorities and market conditions and
is not supported in this advisory opinion.

10.  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.”

DISCUSSION AND CONCLUSIONS:

1.  The review of the background of the 09L Program and the advisory
opinion from the G-1 clearly shows that it was the intent of the Army to
authorize the bonus amount of $7,000.00 to those initial members who
enlisted in the IRR for MOS 09L.

2.  The evidence of record confirms that the applicant enlisted under the
09L Translator Aide Program.  The record also verifies that he completed
the required training and has been officially designated as an 09L
Translator Aide.  Accordingly, as a matter of equity and in the interest of
justice the applicant’s enlistment contract should be amended to show that
he enlisted in the IRR with an entitlement to a $7,000.00 enlistment bonus
upon successful completion of training and designation as a MOS 09L
Translator Aide.

3.  In view of the foregoing the applicant’s enlistment contract should be
amended to include “If the enlistment bonus in the amount of $7,000.00 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.”  This would allow the
Board to invoke that provision and pay the applicant the intended
enlistment bonus.

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 result, the Board recommends
that the applicant’s enlistment contract be amended to include entitlement
to a $7,000.00 enlistment bonus upon successful completion of training and
designation as a MOS 09L Translator Aide, and the sentence “If the
enlistment bonus in the amount of $7,000.00 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
$7,000.00 to which he is entitled as a result of this correction.




                                  ______________________
                             CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060007360                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |09L Project  Enlistment Bonus           |
|112.1100                |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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