RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  1 May 2008
	DOCKET NUMBER:  AR20080003099 


	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.




Director



Analyst

      The following members, a quorum, were present:




Chairperson



Member



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 his record be corrected to show entitlement to an $8,000.00 HIGRAD bonus based on his successful completion of Officer Candidate School (OCS) and commissioning as an officer.

2.  The applicant states, in effect, that the Army clearly intended to provide an enlistment bonus of $8,000.00 for all applicants enlisting for the Officer Candidate School (OCS) enlistment option.  He has been notified that he will not be paid the promised bonus based on a legal interpretation of Title 37, United States Code, Section 309.

3.  The applicant provides a copy of his enlistment contract documents and commissioning documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 16 November 2005 under the United States Army Officer Enlistment Program to attend the OCS course and the United States Army Incentive Enlistment Program (US Army OCS Bonus).  The applicant was commissioned a Second Lieutenant on 25 May 2006.

2.  Headquarters, Department of the Army, Enlisted Accessions Division
(DAPE-MPA) Message, released on 7 April 2005, Subject: RA Enlistment Incentive Program Change Effective 11 April 2005, implemented the authority to utilize HIGRAD bonus for RA Officer Candidate School accessions and changes lump sum bonus authority.  The message stated, in pertinent part, that all applicants enlisting for the OCS enlistment option or those applicants who previously contracted and depart for active duty for the OCS enlistment option after the effective date of the message will receive a bonus not to exceed $8,000.00 based on possessing a four-year college degree or higher.  Eligible applicants may receive only one HIGRAD bonus.  This bonus is the only authorized bonus incentive for OCS enlistees.  The bonus is payable in a lump sum upon successful completion of OCS and commissioning as an officer in accordance with applicable provisions.

3.  In an advisory opinion, dated 20 April 2006, the Army G-1, Director of Military Personnel Management, stated that due to the urgent need for OCS applicants, the Army implemented an enlistment bonus of $8,000.00 for OCS applicants as an extension of the current policy of paying an enlistment bonus to all college 
graduates under the High Grad (HIGRAD) bonus.  The Army began contracting for this bonus on 11 April 2005 and officially suspended the bonus on 6 April 2006.

4.  The advisory opinion stated that the Army implemented the OCS enlistment bonus under the existing statute governing enlistment bonuses as defined in Section 309 of Title 37, United States Code.  The Defense Finance and Accounting Service (DFAS) requested an advisory legal opinion, and the Office of the General Counsel (OGC) opined that paying this enlistment bonus to officer candidates is not in keeping with the intent of the above cited statute, as interpreted by previous Comptroller General opinions.

5.  The advisory opinion further stated that the Army, in good faith, contracted with these Soldiers and agreed to pay them this bonus.  Granting relief to them for the bonus listed in their contract is in the best interests of the Army as it will positively impact the Army’s recruiting efforts and the Army’s Global War on Terrorism mission.  It is also the equitable thing to do for the officers involved.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record and the advisory opinion from the G-1 clearly show the Army intended that the applicants be authorized the $8,000.00 enlistment bonus.

2.  The evidence of record confirms that the applicant enlisted for the intended enlistment bonus under the United States Army Officer Enlistment Program for the OCS course.  The applicant made a career decision based on this contract and the Army’s failure to pay this bonus detrimentally impacted the applicant through no fault of his own.  The record also verifies that he completed OCS training and was commissioned as a Second Lieutenant.  In view of the detrimental reliance in this case, it is appropriate that the Army Board for Correction of Military Records pay from its funds this contracted bonus.  The applicant’s enlistment contract should be amended to show that he enlisted in the Regular Army with an entitlement to an $8,000.00 HIGRAD bonus upon successful completion of OCS training and commissioning as an officer.

3.  Title 10, U. S. Code, section 1552, the law which provides for the Board, states that “The Secretary may pay, from applicable current appropriations, a 
claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of 
correcting a record under this section, the amount is found to be due the claimant on account of his or another’s service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be.”

4.  In view of the foregoing the applicant’s record should be corrected accordingly.

BOARD VOTE:

___X_____  ___X_____  ____X____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief as a matter of equity.  As a result, the Board recommends that the applicant’s enlistment contract be amended to include entitlement to an $8,000.00 enlistment bonus upon successful completion of OCS and commissioning as an officer, and the sentence “If the enlistment bonus in the amount of $8,000.00 is not authorized for payment by the Department, 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.”

2.  The Defense Finance and Accounting Service shall remit payment to the applicant the total amount of his enlistment bonus in a lump sum payment of $8,000.00 to which he is entitled as a result of this correction.




						__________X____________ 									CHAIRPERSON



INDEX

CASE ID
AR20080003099
SUFFIX

RECON

DATE BOARDED
20080501
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY
MS. MITRANO
ISSUES         1.  112.1100
09S Project – OCS Bonus
2.

3.

4.

5.

6.





 
ABCMR Record of Proceedings (cont)                                         AR20080003099



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA  22202-4508