RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 April 2008
	DOCKET NUMBER:  AR20070017432 


	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. Eric N. Anderson

Chairperson

Mr. Peter B. Fisher

Member

Mr. Jeffrey C. Redmann

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 he be paid the final $1,800.00 installment of his $6000.00 cash enlistment bonus.

2.  The applicant states, in effect, that his enlistment was based on the enlistment bonus he was offered.  He further adds that he served his country and in doing so, he was wounded in action and was given a medical discharge prior to completing his term of enlistment.  

3.  The applicant provides two letters from his mother dated 8 and 10 October 2007; a newspaper article; a letter from the Office of the Inspector General, Washington, D.C., dated 25 September 2007; and the original Army Board for Correction of Military Record (ABCMR) decision, dated 19 October 2005, in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he enlisted in the Arkansas Army National Guard (ARARNG) on 22 March 2003 for a period of 8 years.  He agreed to serve 6 years in the Army National Guard and 2 years as a member of the Individual Ready Reserve (IRR) or the Inactive National Guard.  Item 32 (Specific Option/Program Enlisted for) of his DD Form 1996 (Record of Military Processing) shows the entry "Enlisting for 6X2 Cash Enlistment Bonus", however, the words "Cash Enlistment Bonus" are crossed out.  This alteration is not initialed or signed by either the applicant or the recruiter/counselor.

2.  Section VI (Remarks) of the DD Form 1966 shows the entry "I understand that I am eligible for Enlistment Cash Bonus Program.  I accept the Enlistment Cash Bonus Program."  This form is signed by the applicant in two places and initialed in another.

3.  The remarks section of the DD Form 1996 also shows that the entry "CAT IV waiver NGB Control Number RR 2003-14" was hand written on the form.  This statement was obviously added by a recruiter/counselor; however, there are no initials or signature to show the counselor added this modification or that the applicant was aware or acknowledged it prior to enlistment.




4.  On 9 September 2003, the applicant was ordered to initial active duty for training (IADT).  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was honorably released from active duty training on 17 December 2003 and reverted back to his ARNG status.

5.  On 6 January 2004, the applicant was ordered to active duty as a member of his Reserve unit in support of Operation Iraqi Freedom and subsequently served in Iraq from 15 March 2004 to 7 March 2005.  He was honorably released from active duty and reverted back to his ARNG status.  

6.  On 19 October 2004, the applicant was wounded in action during combat operations in Iraq when the vehicle he was riding in was struck by an improvised explosive device (IED).  He sustained shrapnel wounds and burns to his face and was treated at his battalion aid station and returned to duty.

7.  On 11 March 2005, the applicant submitted an application to the ABCMR requesting payment of his bonus.  He stated that he was not paid his enlistment bonus. 

8.  On 19 October 2005, the ABCMR granted the applicant relief.  The Board recommended that all Department of the Army records of the applicant be corrected by amending his enlistment contract to include the sentence, “If an enlistment bonus is accepted by the official processing you for enlistment as payable under the Cash Enlistment Bonus Program  and the Government fails to verify that the Soldier actually is eligible and such failure results in nonpayment of the bonus, 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.”  The Board further recommended that as a result of this correction, the Defense Finance and Accounting Service (DFAS) shall remit payment to the applicant of the total amount of the bonus in the amount of $6,000.00, to which he is entitled as a result of this correction.

9.  The applicant’s records show that he was paid $1,800.00 in January 2006, $1,200.00 in March 2006, and $1,200.00 in March 2007, for a total of $4,200.00. He was scheduled to receive the remaining $1,800.00 in March 2008. 

10.  The Fiscal Year 2003 (FY03) National Guard Bureau Selected Reserve Incentive Policy Guidance Number 03-02, states that the enlistment bonus is payable on the following schedule: 30 percent upon completion of initial active duty training (IADT), 20 percent is payable on the third and fourth enlistment anniversaries, and 30 percent is payable on the fifth enlistment anniversary.
11.  On 12 April 2007, the applicant was found medically unfit for retention and was discharged from the Army National Guard in accordance with paragraph     8-26j(1) of National Guard Regulation 600-200 (Enlisted Personnel Management) and was honorably discharged on 12 April 2007 accordingly.

12.  In a letter, dated 25 September 2007 and addressed to the applicant's mother in response to an earlier letter she wrote, the Chief, Assistance Division, Office of the Inspector General, Washington, D.C., stated that the applicant would not receive the final payment of the remaining $1,800.00 since he is unable to serve the total amount of service as stipulated in his enlistment contract.  However, the Chief added, since the applicant was discharged from the ARARNG on 12 April 2007 for medical reasons, there would be no recoupment of bonus monies already received, in accordance with National Guard Regulation 600-7 (Selected Reserve Incentive Programs).  

13.  In a letter, dated 8 October 2007, to the Chief, Assistance Division, Office of the Inspector General, Washington, D.C., the applicant’s mother expressed disappointment in the Army’s failure to pay her son the last installment of his enlistment bonus.  She further described the events that led to her son’s medical discharge, gave an example of government waste of resources, and questioned the Army’s commitment to its wounded warriors.  She concluded that the country has an obligation to those Soldiers who risk their lives in its defense.

14.  In her letter to the ABCMR, dated 10 October 2007, the applicant’s mother stated that her son earned his entire enlistment bonus and that it is a matter of principle that he gets the remaining installment.  She further added that the enlistment bonus was the major draw of her son joining the National Guard.  

15.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) states that Guidance Counselors are specifically required to confirm they accomplished all the processing procedures by making the appropriate entries in the DD Form 1966.  This includes a statement advising members of programs he or she is or is not eligible for and ensuring the applicant’s acknowledgement of this fact is also recorded in the remarks section of the DD Form 1966.

16.  National Guard Regulation 600-7 prescribes policies and procedures for the administration of the Army National Guard of the United States (ARNGUS) incentive programs.  This regulation defines a contractual obligation as a period of military service for which a Soldier enters into a voluntary contract.  It further states that, effective 1 June 1984 an 8 year military service obligation was incurred upon initial enlistment into the armed forces by reason of law.  A statutory obligation may only be terminated before 8 years by reason of “discharge” from an armed force and the Reserve of the armed force.  There are two types of termination of entitlements and eligibility for the enlistment bonus defined in this regulation: termination with recoupment and termination without recoupment.  Paragraph 2-8 of this regulation describes termination without recoupment.  Paragraph 2-9 requires entitlement and eligibility for the enlistment bonus be terminated with recoupment effective the date the Soldier is separated from the ARNG for any reason, unless due to death, injury, illness, or other impairment not the result of own misconduct.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DD Form 1966 established a contractual agreement between the applicant and the Army that he would receive an enlistment bonus in connection with his enlistment and service.  The applicant was led to believe that he would, in fact, receive a $6,000 enlistment bonus and acted in good faith by accepting the conditions offered him at the time.  However, he was not properly notified or counseled that his contract would not be honored.   As a result, in the interest of justice and equity, the Board concluded that it would be appropriate to provide the applicant with the bonus entitlements outlined in his contract.

2.  Evidence of record shows that the Army corrected this injustice and paid the applicant three installments as follows: $1,800.00 in January 2006, $1,200.00 in March 2006, and $1,200.00 in March 2007.  Furthermore, the applicant was scheduled to receive his remaining balance in March 2008.  Unfortunately, his honorable service was cut short due to a medical discharge.

3.  It is clear that the Army lived up to its promise by paying the applicant a portion of the amount agreed in the contractual agreement.  The applicant may have had every intention to fulfill his contractual agreement and serve out his term of service; but, regretfully, he was unable to do so due to his medical discharge.  Therefore, the termination of the contractual agreement also terminated any entitlements to the bonus.  However, in the interest of justice, the Army waived recoupment of monies already received by the applicant.  

4.  In view of the foregoing, regretfully, the applicant is not entitled to relief.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __pbf___  __jcr___  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 for correction of the records of the individual concerned.




							Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY

ISSUES         1.

2.

3.

4.

5.

6.