RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  07 February 2008
	DOCKET NUMBER:  AR20070016015 


	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. Deyon D. Battle

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Ms. Rose M. Lys

Member

Mr. Qawiy A. Sabree

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 be furnished a new Statement for Enlistment, United States Enlistment Program (DA Form 3286), Annex B, giving him credit for a United States Army High Graduate Bonus, for his Bachelors Degree, and that he be paid the proper enlistment bonus.

2.  The applicant states that at the time of his enlistment on 11 January 2006, he did not have a letter stating that he had completed the requirements for a Bachelors Degree and that he was awaiting the commencement ceremony, due to the fact that he entered into the Army under the Delayed Entry Program (DEP) on 29 December 2005.  He states that it took 30 days to process the letter of completion, and that he was already in advanced individual training.  He states that he received his letter of completion, and that he was advanced to the rank of specialist on 4 April 2006.  He states that the information regarding his Bachelors Degree was not changed on his DA Form 3286, Annex B.  The applicant states that on 19 May 2006, he graduated with a Bachelors Degree in Human Resources Policy and Development; however, he had finished the requirements in August 2004.  He states that he presented his issues to the brigade retention noncommissioned officer (NCO) who stated that he needed to complete a Request for Personnel Action (DA Form 4187) requesting correction of his "sign on" Bonus and that the brigade retention NCO would take care of the matter.  The applicant states that the matter has not been taken care of and that he has not been paid the proper enlistment bonus.

3.  The applicant provides in support of his application, a copy of his Georgia State University Official Transcript; a copy of his DA Form 3287; a copy of his DA Form 4187, dated 22 November 2006, requesting correction of his "Sign-on" Bonus; a copy of a DA Form 4187 Addendum; a letter from Georgia State University, dated 23 October 2006, pertaining to his graduation status; a copy of his Georgia State University Bachelor of Science Degree; a copy of his Armed Forces of the United States Enlistment/Reenlistment Document; and a copy of a DA Form 4187, dated 20 April 2006 requesting that he be promoted to the specialist four (E-4).

CONSIDERATION OF EVIDENCE:

1.  On 29 December 2005, the applicant enlisted in the United States Army Reserve (USAR) under the DEP, in Atlanta, Georgia, for 8 years, in the pay grade of E-3.  He enlisted in the Regular Army (RA) on 11 January 2006.  


2.  The DA Form 3286 that the applicant signed at the time of his enlistment in the RA shows that he was enlisting in the Army under the United States Army Incentive Enlistment Program (United States Army High Graduate Bonus (Associate/VO-TECH), United States Army Loan Repayment Program, United States Army Seasonal Bonus (High Priority Seat), I-IIIA).

3.  The applicant's DA Form 3287 also shows that the incentive is the United States Army Cash Bonus, and that the bonus amount authorized by Headquarters, Department of the Army DAPE-P-MPA, Enlistment Incentive Program is $13,000.00.

4.  On 20 April 2006, a DA Form 4187 was approved advancing the applicant to the pay grade of E-4 with an effective date and a date of rank of 10 January 2006 (1 day prior to his enlistment in the RA).

5.  The applicant's Georgia State University Bachelor of Science Degree and his Georgia State University Official Transcript shows that he graduated and received his degree on 19 May 2006.  His official transcript also shows that he completed the requirements for his degree in the fall of 2004.

6.  The letter from Georgia State University, dated 23 October 2006, was sent to the applicant's career counselor, providing his graduation status.  In the letter, the Associate Registrar stated that the applicant graduated with a Bachelors of Science Degree from the College of Policy Studies on 19 May 2006, with a major in Human Resources Policy and Development.  The Associate Registrar also stated that the applicant completed the requirement for his degree in the fall of 2004.

7.  On 22 November 2006, the applicant's commanding officer recommended approval of a DA Form 4187, requesting correction of the applicant's "Sign-on" Bonus, and he forwarded the DA Form 4187 through the appropriate channels.  However, a review of the available records fails to reveal that any action was ever taken regarding this issue.

8.  During the processing of his case an advisory opinion was obtained from the United States Army Human Resources Command, Chief, Force Alignment Division, stating that the applicant was authorized to receive a High Graduate Bonus of a Bachelors Degree at the time of his enlistment; however, he received a High Graduate Bonus for an Associate Degree.  The Chief, Force Alignment Division recommended relief in his case.

9.  To date, there has been no response from the applicant regarding the advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact that the applicant failed to submit the appropriate documentation in a timely manner, he is entitled to receive a High Graduate Bonus for his Bachelors Degree.

2.  He had completed his course studies in the fall of 2004, which was prior to his enlistment in the USAR and RA.  However, he did not graduate until 19 May 2006.  The letter dated 23 October 2006, from Georgia State University confirms that the applicant completed the requirement for his degree in the fall of 2004.  Therefore, he is entitled to receive a High Graduate Bonus for his Bachelors Degree and his DA Form 3286 should be corrected to reflect the appropriate information.

3.  Based upon the information above and the information contained in the advisory opinion the applicant’s records should be corrected as set forth below.

BOARD VOTE:

__WDP__  __RML__  __QAS__  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 be corrected by amending his DA Form 3286 to show that he enlisted in the Army under the United States Army Incentive Enlistment Program (United States Army High 



Graduate Bonus (Bachelors/VO-TECH) United States Army Loan Repayment Program, United States Army Seasonal Bonus (High Priority Seat), I-IIIA), and paying him all back pay and allowances due him as a result of this correction.




____William D. Powers_____
          CHAIRPERSON


INDEX

CASE ID
AR20070016015
SUFFIX

RECON

DATE BOARDED
20080207
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.  222
112.0000/ENLISTMENT CONTRACT
2.  1025
112.1100/BONUS
3.

4.

5.

6.