IN THE CASE OF:	  

	BOARD DATE:	  10 July 2008

	DOCKET NUMBER:  AR20080006452 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to show he was eligible for a seasonal enlistment bonus (SB) of $20,000.

2.  The applicant states that when he enlisted (as prior service), the Military Entrance Processing Station neglected to mention and/or missed the fact that he was eligible for an SB and did not annotate it on his contract.  The Defense Finance and Accounting Service (DFAS) acknowledges that he is eligible for the bonus based on his ship date of 9 July 2007 but will not authorize payment of the bonus because it is not in his contract.  A DFAS message details the fact that the bonus was authorized on 21 July (2007) and included those who had signed up under the delayed enlistment program (DEP).  He falls under that category.

3.  The applicant provides his enlistment contract; a 3-page DFAS Case Management System communication; a DA Form 2142 (Pay Inquiry); Military Personnel (MILPER) message number 07-213, issued on 9 August 2007; his    DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 11 June 2006; his enlistment orders, dated 9 July 2007; and change of station orders, dated 23 July 2007.

CONSIDERATION OF EVIDENCE:

1.  After having been honorably discharged from the Regular Army on 13 June 2006, the applicant enlisted in the DEP on 21 June 2007.  His DA Form 3286 

(Statement for Enlistment United States Army Enlistment Program shows that his only enlistment option was the Army Training Enlistment Program in military occupational specialty (MOS) 96B (Intelligence Analyst).

2.  The applicant enlisted in the Regular Army for 4 years on 9 July 2007 and shipped out for training on that date.  

3.  The applicant provided a copy of MILPER Message Number 07-213, issued on 9 August 2007.  Paragraph 5F of this message states:  “A SB of $20,000 is available to all prior service, blue to green and RC (Reserve Component) to AC (Active Component) applicants regardless of skill level and affiliation enlisting   for a TOS (term of service) of three or more years in all MOS who ship within    30 days by 30 September 2007.  A $3000 SB is available for those who ship within 31-60 days.  This bonus may not be combined with the SRB (selective reenlistment bonus) and may be combined with the EB (enlistment bonus) if skill level one as described in para (paragraph) N.  PS (prior service) soldiers that are in a delayed status agreement prior to 25 July 2007 are eligible for the $20,000 SB if they ship by 27 August 2007.”

4.  MILPER Message Number 07-188, issued on 25 July 2007, authorized an   SB to prior service and blue to green applicants who departed for active duty    by 30 September 2007.  The SB amount of $20,000 was available for all MOSs   (for Soldiers) who shipped within 30 days and departed for active duty by           30 September 2007 and $3,000 for those who shipped within 31-60 days.  

5.  The applicant provided a response from DFAS to a pay inquiry.  The response stated in part, “On 21 July 07, we authorized the $20,000 seasonal bonus and allowed those already in DEP to get the $20K if they shipped by 28 Aug 07.”

6.  In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory opinion stated that a Headquarters, Department of the Army (HQDA) incentives message dated 11 May 2007 was in effect at the time of the applicant’s 21 June 2007 enlistment in the DEP and his active duty enlistment date.  In accordance with that message, a PS Soldier enlisting in skill level one was authorized the same MOS bonus as a non-prior service applicant.  The bonus for MOS 96B for 4 years was $4,000.  No bonus was listed on the applicant’s contract, but he was eligible for the $4,000 bonus.

7.  The advisory opinion also stated that the applicant contended “that he is also authorized a $20,000 seasonal bonus as announced in HQDA message dated  25 July 2007.”  The advisory opinion stated that the cited message also permitted 

applicants who were in the DEP on the date of the message to receive the $20,000 bonus, but noted that the applicant was not in the DEP on the effective date of the message since he had already shipped to active duty on 9 July 2007. As a result, the 25 July 2007 message did not apply to him.  The advisory opinion stated that the terminology in the message, “Soldiers that are in a delayed status agreement prior to 25 July 2007 are eligible for the $20,000 bonus if they ship by 27 August 2007” was clearly intended for applicants who had not yet shipped.   

8.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  The applicant rebutted that, what may or may not have been intended is not how the paragraph in the MILPER message is written.  He states that the final sentence of paragraph F states that “PS soldiers that are in a delayed status agreement prior to 25 July 2007 are eligible for the $20,000 SB if they ship by   27 August 2007.”  At no point in that paragraph is there any date indicated requiring a service member to have been in DEP status by a certain date.  It simply states prior to 25 July.  There are no other qualifiers.  He does not feel he should be punished because the language in the paragraph was vaguely written.

DISCUSSION AND CONCLUSIONS:

1.  While the advisory opinion asserted that the terminology, “Soldiers that are in a delayed status agreement prior to 25 July 2007 are eligible for the $20,000 bonus if they ship by 27 August 2007,” clearly was intended for applicants who had not yet shipped, that terminology by itself does not appear to be quite as clear to a casual observer.

2.  However, contrary to the applicant’s contention, neither is the language in the cited paragraph so vaguely written that it cannot be understood that it was intended for applicants who had not yet shipped.  

3.  The original message authorizing the $20,000 SB was effective 25 July 2007. The 9 August 2007 message extended that bonus to applicants who were in the DEP.  

4.  The terminology used in the message provided by the applicant is, “A SB of $20,000 is available to all prior service…applicants… in all MOS who ship within 30 days by 30 September 2007“; and, “Soldiers that are in a delayed status agreement prior to 25 July 2007 are eligible for the $20,000 SB if they ship by…27 August 2007.”  


5.  The original, 25 July 2007, message wanted the applicants to ship within      30 days.  The 9 August 2007 message also wanted the applicants to ship within 30 days.

6.  It is clear that the 9 August 2007 message wanted applicants in the DEP to ship within 30 days, by 27 August 2007.  That does clearly mean that they could not have been in the DEP any earlier than 25 July 2007.  In the applicant’s case, his being in the DEP on 8 July 2007 and shipping out by 27 August 2007 would have meant he had shipped out within 49 days.

7.  The response by DFAS to the applicant’s pay inquiry has been considered; however, DFAS does not authorize any type of bonus.  DFAS only pays a bonus that has been authorized by some other authority/agency.

8.  There appears to be no evidence that would warrant correcting the applicant’s records to show he was eligible for the $20,000 SB.  However, the advisory opinion noted that a HQDA message dated 11 May 2007 would have authorized the applicant a $4,000 enlistment bonus.  His records should be corrected to show he enlisted for that $4,000 prior service enlistment bonus.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xx____  __xx____  ___xx___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 21 June 2007 DEP/9 July 2007 Regular Army enlistment contract to show he enlisted for a $4,000 prior service enlistment bonus and that he be paid that bonus.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends 

denial of so much of the application that pertains to correcting his 21 June 2007 DEP/9 July 2007 Regular Army enlistment contract to show he enlisted for a $20,000 seasonal bonus.




 _    ______xxxx____________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080006452





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