RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  18 October 2007
	DOCKET NUMBER:  AR20070007137 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Mr. John Slone

Chairperson

Mr. John T. Meixell

Member

Mr. David W. Tucker

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 reconsideration of his earlier request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his rank as private/pay grade E-2, payment for the time he spent in the delayed entry program (DEP), and the bonus check he was promised for enlisting in military occupational specialty (MOS) 13E1O (Cannon Fire Direction Specialist).

2.  The applicant states that he was a private, pay grade E2 at the time of his separation, and was promised payment for his time in the DEP and an enlistment bonus check.

3.  The applicant provides a self-authored letter, dated 8 May 2007; a self-authored letter dated 1 June 2007; and a copy of memorandum, dated 6 July 1982, discharging the applicant from the Army, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060015042, on 26 April 2007.

2.  The applicant submitted two self-authored letters which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's self-authored letters address the following issues:

	a.  His MOS, 13E, was considered a critical/shortage MOS in June 1980 and therefore entitled him to payment of a bonus after graduation from advance individual training (AIT).  However, he did not know he had to be a high school graduate to receive the bonus.

	b.  The U.S. Army Transition Point should have had the right to promote him to private/E-2.

	c.  His contract stated that his time spent in the DEP was creditable for pay purposes, which means that he should have been paid for the time spent in the DEP. 

4.  The applicant's records show that he enlisted in the DEP of the U.S. Army reserve (USAR) on 21 May 1980 for a period of 6 years in the rank of private/pay grade E-1.

5.  Paragraph 10b of the applicant's DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 21 May 1980, indicates that the applicant's time in the DEP was creditable for pay purposes upon his enlistment into the Regular Army for service on active duty.  It further stated that this time was not counted toward fulfillment of his military obligation or commitment

6.  The applicant's DA Form 3286-3 (Statements for Enlistment) shows that he enlisted for a training of choice option and selected military occupational specialty (MOS)13E1O (Cannon Fire Direction Specialist).  There is no mention in his enlistment contract of any specific enlistment bonus.

7.  On 19 June 1980, the applicant enlisted in the Regular Army for 3 years.  He completed basic combat and advanced individual training and was awarded MOS 13E1O.  

8.  The applicant's records show a series of promotions and reductions as follows: 

	a.  Advanced to the rank of private/pay grade E-2 on 19 December 1980.

	b.  Reduced to the rank of private/pay grade E-1 on 8 July 1981 as a result of misconduct.

	c.  Advanced to the rank of private/pay grade E-2 on 1 October 1981.

	d.  Reduced to the rank of private/pay grade E-1 on 5 February 1982 as a result of misconduct.

9.  On 8 March 1982, a bar to reenlistment was imposed against the applicant. 

10.  On 12 July 1982, the applicant was discharged under the provisions of Army Regulation 635-200, chapter 5, under the Expeditious Discharge Program, by reason of failure to maintain acceptable standards for retention.  He was separated in the rank of private/pay grade E-1, and had completed 2 years and 24 days of his 3 year obligation.  

11.  The applicant's DA Form 2A (Personnel Qualification Record) shows his pay entry basic date (PEBD) as 21 May 1980 and his basic active service date (BASD) as 19 June 1980

12.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  This regulation, in pertinent part, states that the active duty grade or rank and pay grade at the time of separation, taken from the Soldier’s records, will be entered in Item 4a and 4b of the DD Form 214. 

13.  Army Regulation 600-200 (Enlisted Personnel Management System) prescribed policies and procedures for career management of enlisted personnel, award of enlistment bonus, and promotions and reductions.  In the version at the time, it states in pertinent parts, that the unit commander is the promotion authority for grades E-4 and below.  It further states that a soldier will be advanced to grade E-2 when he completes 6 months of active Federal service, unless it is stopped by the commander.  Time spent in a delayed-entry program will not be counted. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show his rank as private/pay grade E-2, payment for the time he spent in the DEP, and payment of his MOS bonus.

2.  Evidence of record shows that the applicant was reduced to the rank of private/pay grade E-1 on 5 February 1982.  There is no evidence in the applicant's records to show he was promoted to the rank/pay grade E-2 between the time he was reduced and the time he was separated.  Therefore, the DD Form 214 reflects the applicant's correct grade upon discharge.

3.  Evidence of record shows that the applicant enlisted in the DEP of the USAR on 21 May 1980 and that this date was properly recorded in his records as being the basis for determining the longevity for pay purposes.  It does not authorize actual payment for those days.  Therefore, the applicant is not entitled to payment of time spent in the DEP.

4.  Evidence of record shows that the applicant did not enlist under a program that authorized the payment of an enlistment bonus.  Regardless of whether the applicant's MOS was a shortage or an overage MOS, the applicant was never promised a bonus in his enlistment contract.  Therefore, he is not entitled to payment of an enlistment bonus.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__js____  __jtm___  __dwt___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20070007137, dated 26 April 2007.



							John Slone
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070007137
SUFFIX

RECON

DATE BOARDED
20071018
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
112.0200
2.
112.1100
3.

4.

5.

6.