RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070011272


      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             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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
$6,000 based on his completion of 60 or more semester hours of college
credit.

2.  The applicant states, in effect, that the college credit was not
annotated on his contract.

3.  The applicant provides his DD Form 4 Series (Enlistment/Reenlistment
Document), DA Form 3286 (Statement for Enlistment - U.S. Army Enlistment
Program), his College transcript, Certificate Of Affiliation, Graduation
Certificate from US Army Ordnance, USAREC MSG 06-113 (Seasonal Bonus) and a
letter from US Army Recruiting Station, New Mexico authorizing an
enlistment bonus in accordance with the USAREC message 06-113.

CONSIDERATION OF EVIDENCE:

1.  On 10 April 2006, the applicant enlisted in the U.S. Army Reserve in
pay grade E-1 for a period of 8 years, in the Delayed Entry Program (DEP).
The applicant subsequently entered active duty in the Regular Army on 16
May 2006 for a period of 4 years.  The applicant is currently serving in
the Army, in pay grade E-3, in military occupational specialty (MOS) 94A
(Land Combat Electronic System Repairer).

2.  The applicant's record contains a Statement For Enlistment United
States Army Enlistment Program DA Form 3286, dated 16 May 2006, which shows
in Item (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 9A
– United States Army Training Enlistment Program (UNCM) and 9C - United
States Army Incentive Enlistment Program (US Army Seasonal Bonus (MID
Priority Seat), IIIB).  His enlistment for this program assures him that,
if he meets the required prerequisites; he would receive training in MOS or
Career Management Field (CMF).  He understood that he would receive a cash
bonus authorized by the Enlisted Incentive Program effective 4 April 2006.
(The seasonal bonus was annotated on the applicant’s enlistment contract,
but no entry was made for a bonus amount on page 2 of his DA Form 3286).
This document also shows that both the applicant and U.S. Army Counselor
each authenticated the document by affixing their signature to the
document.



3.  The applicant's record contains a USAREC message 06-113, dated
27 February 2007, which shows, in pertinent part, in Item 7a (Incentive
Information) for a Higrad Bonus /Army Cash Bonus (incentive).  The $6,000
bonus was authorized for Soldiers who earned 60 or more semester hours of
college.

4.  The Department of the Army U.S. Army Recruiting Station, Las Vegas, New
Mexico, verified that the applicant was authorized an enlistment bonus in
accordance with USAREC Message 06-113.  The bonus entitlement is in the
amount of $6,000 for the applicant having 60 or more college credit hours
at his enlistment time.  The transcripts were not verified; therefore it
was not annotated in his contract.  A copy of the applicant’s college
transcript as well as the USAREC Message was attached entitling the
applicant to the bonus.

5.  The applicant provides documentation related to his enlistment
contract, copies of his college transcript and graduation certificates.
The documentation related to the applicant's enlistment contract confirms
the enlistment incentive information contained in his Official Military
Personnel File, as outlined above.

6.  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.  The G-1 official providing the
opinion indicated the applicant’s case had been reviewed, and it was
determined that based on HQDA Message dated 5 April 2006, the applicant was
eligible for a HIGRAD bonus of $6000.00 for having 60 or more semester
hours of college.  He further indicated that the applicant was also
entitled to a seasonal bonus of $3,000 for shipping for active duty between
30 and 60 days from his delayed entry Program (DEP) date.  The seasonal
bonus was annotated on his enlistment contract, but no entry was made for a
bonus amount on page
2 of his DA Form 3286 dated 16 May 2006.  The Guidance Counselor in this
case failed to properly list the bonuses on the applicant’s contract.  The
official recommended that the applicant be paid the total bonus of $9,000,
($6,000.00 HIGRAD and $3,000.00 seasonal).  The seasonal bonus was
authorized upon his original enlistment date and successful completion of
training.

7.  On 16 August 2007, the applicant was provided a copy of the USA HRC
advisory opinion in order to have the opportunity to reply to its contents.
 The applicant did not reply.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to receive a
HiGrad Bonus of $6,000.00 because he enlisted in the U.S. Army with 60 or
more semester hours of college was carefully considered and determined to
have merit.

2.  The evidence of record shows that the applicant completed 60 semester
hours or more of college education prior to entering the Regular Army.  His
record also shows that the applicant was also entitled to a seasonal bonus
for shipping for active duty between 30 and 60 days from his delayed entry
Program (DEP) date and finally, the evidence of record shows that 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.  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 the requested relief at this time.

3.  The evidence of record confirms that at the time the applicant enlisted
he was entitled to a seasonal bonus of $3,000.00 for shipping for active
duty between
30 and 60 days from his DEP date and an additional $6,000 based on his
completion of 60 semester hours of college credit.  As a result, he was
entitled to a total bonus of $9,000, as confirmed in the Army G-1 advisory
opinion.  Therefore, it would be appropriate to provide the applicant the
total enlistment bonus entitlement of $9,000.00.

BOARD VOTE:

___WDP_  ___LMD_  ___JLP__  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 by correcting
the

Statement For Enlistment United States Army Enlistment Program (DA Form
3286) to show he is entitled to a cash bonus in the amount of $9,000 (i.e.,
$3,000.00 Seasonal Bonus and $6,000.00 HiGrad Bonus), and that the Defense
Finance and Accounting Service (DFAS) pay the applicant a total enlistment
bonus of $9,000 under the normal payment terms of his enlistment contract.




                                  ____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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