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ARMY | BCMR | CY2007 | 20070007160C071029
Original file (20070007160C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 August 2007
      DOCKET NUMBER:  AR20070007160


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, payment of the $1,000.00 enlistment
bonus authorized in his enlistment contract.

2.  The applicant states, in effect, that in his enlistment contract (DD
Form 4) packet, he was promised an enlistment bonus of $1,000.00 as well as
the Army College Fund.  He states that when he reported to his first duty
station, he was told he could not receive the bonus because of missing
information and they did not know how to fix it.  Recently, he was selected
for recruiting duty and when the subject of bonuses came up, he realized he
had never received his bonus.  He claims that after researching the DD Form
4 in his Official Military Personnel File (OMPF), he discovered that Page
10 of the DD Form 1966 the bonus and college fund are promised; however, at
the bottom of the form, the contract control number is not there.  It shows
N/A, which is strange because the control number is what is needed to
collect the bonus.  As a result, he requests correction of his record to
confirm his entitlement to the enlistment bonus in question.

3.  The applicant provides his separation document (DD Form 214) and
DD Form 4 in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s enlistment contract and allied papers confirm that he
enlisted in the Delayed Entry Program (DEP) on 22 November 2000 and in the
Regular Army on 15 August 2001.

2.  Annex D (DA Form 3286-59) of the applicant's enlistment contract
confirms that he was enlisting for training in military occupational
specialty (MOS) 54B (Chemical Operations Specialist) and for Options 9A
(U.S. Army Training Enlistment Program) and 9C (Incentive Enlistment
Program) for a cash bonus of $1,000.00 and the Army College Fund.  His
record confirms he successfully completed training in, was awarded, and
served in MOS 54B.  The applicant and the recruiting guidance counselor
authenticated this document with their signatures on 15 August 2001, the
date the applicant entered active duty.

3.  A DD Form 1966 (Record of Military Processing) included with the
applicant's enlistment processing packet confirms, in Item 32 (Specific
Option/Program Enlisted For), that he enlisted for Option 9A for training
in MOS 54B and Option

9C, which included a cash bonus of $1,000.00 and the Army College Fund.
This document was signed by the applicant and recruiting guidance counselor
on
15 August 2001, the date the applicant entered active duty.

4.  On 14 August 2004, the applicant was honorably released from active
duty under the provisions of chapter 4, Army Regulation 635-200, by reason
of expiration of term of service (ETS).  The DD Form 214 he was issued
shows he completed a total of 3 years of active military service, and that
he held the rank of private first class (PFC) on the date of his
separation.  It also shows that during his tenure on active duty, he earned
the Bronze Star Medal, National Defense Service Medal, Global War on
Terrorism Expeditionary Medal, Global War on Terrorism Service Medal, Army
Service Ribbon, Army Service Ribbon, Overseas Service Ribbon, Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic
Badge with Driver-W Bar.

5.  In connection with the processing of this case, an advisory opinion was
obtained from the Deputy Chief of Staff, G-1, Chief, Incentives and Budget
Branch, Enlisted Accessions Division.  This Department of the Army (DA)
official confirms the applicant enlisted in the Delayed Entry Program (DEP)
on
22 November 2000, in MOS 54B, for a period of three years and departed for
active duty on 15 August 2001.  He further indicates that his review of the
applicable DA incentive message, dated in August 2000, shows that the
correct bonus incentive for MOS 54B in conjunction with the Army College
Fund was $1,000.00.  This bonus should have been paid the applicant at his
first permanent duty station.  This DA official recommends the applicant be
granted relief and be paid a bonus in the amount of $1,000.00.  The
applicant was provided a copy of this advisory opinion and concurred with
its contents on
22 June 2007.

DISCUSSION AND CONCLUSIONS:

The applicant’s claim of entitlement to a $1,000.00 enlistment bonus that
was authorized in his enlistment contract was carefully considered and
determined to have merit.  The evidence of record confirms that the
applicant enlisted for an incentive bonus of $1,000.00.  The record also
verifies he successfully completed training in and was awarded MOS 54B,
which satisfied the requirements for the bonus.  Therefore, it would be
appropriate to provide the applicant the $1,000.00 enlistment bonus he was
promised in his enlistment contract.

BOARD VOTE:

___PMS_  __REB __  __RCH _  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 for the
processing of this case be corrected by providing him payment of the
$1,000.00 enlistment bonus authorized in his enlistment contract and to
which he remains entitled.




                                  _____Paul M. Smith______
                             CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20070007160                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |2004/08/14                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |128.0500                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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