IN THE CASE OF:	  

		BOARD DATE:	  	  21 October 2008

		DOCKET NUMBER:  AR20080010614


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 her record be corrected to show entitlement to an $8,000.00 HIGRAD bonus based on her 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 OCS enlistment option.  She has been notified that she will not be paid the promised bonus based on a legal interpretation of Title 37, U.S. Code, Section 309.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 August 2005 under the U.S. Army Officer Enlistment Program to attend the OCS course and the U.S. Army Incentive Enlistment Program (U.S. Army OCS Bonus).  The applicant was commissioned a second lieutenant on 19 January 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 OCS 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 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, U.S. Code.  The Defense Finance and Accounting Service (DFAS) requested an advisory legal opinion, and the Office of the General Counsel 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 U.S. 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 her own.  The record also verifies that she 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 she 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 considerations, 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 DFAS shall remit payment to the applicant the total amount of her enlistment bonus in a lump sum payment of $8,000.00 to which she is entitled as a result of this correction.



      ___________X_____________
                 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)                                         AR20080010614





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ABCMR Record of Proceedings (cont)                                         AR20080010614



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