IN THE CASE OF:	  

		BOARD DATE:	        28 April 2009

		DOCKET NUMBER:  AR20080015555 


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, in effect, that his records be corrected to show he is authorized the remaining $2,000.00 of his $9,000.00 cash bonus.

2.  The applicant states, in effect, that his enlistment contract authorized him a $9,000.00 cash bonus but he only received $7,000.00.  

3.  The applicant provides his enlistment contract and a copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty) in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.


2.  The applicant's record contains a DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) which shows the applicant enlisted in the US Army Reserve (USAR) delayed entry program on 7 December 2001.  

3.  The applicant's record contains a US Army Recruiting Command (USAREC) Form 1150, dated 7 December 2001, which shows in Item 11 (Incentive Information) that he enlisted for a $9,000.00 Cash Bonus (Incentive) in accordance with MILPER Message, date-time group 031100Z December 2001,  for MOS 11X1O and 4 years.  This document also shows the applicant initialed this item and both he and the U.S. Army Guidance Counselor each affixed their signatures to the document.

4.  The applicant's record contains a DA Form 3286-59, dated 7 December 2001, which shows in Item 1d(1) “Upon enlistment into the Regular Army, I will be enlisted under the provisions of Army Regulation 601-210, program or programs as indicated below.”  The following entries are shown “9A - US Army Training Enlistment Program” “9C - US Army Incentive Enlistment Program” Cash Bonus $9,000.00."  This document also shows both the applicant and the U.S. Army Counselor each authenticated this document by affixing their signatures to the document.

5.  The applicant's record contains a DA Form 3286-66 (Statement of Understanding - U.S. Army Incentive Enlistment Program), dated 22 January 2002, which shows in pertinent part, that the applicant enlisted for 4 years and for the U.S. Army Cash Bonus.  Item 2 of the document shows, in pertinent part, that the bonus amount is $9,000.00 authorized by HQDA message, date-time group 031100Z December 2001.  Both the applicant and the US Army Counselor each authenticated the document by affixing their signatures to the document on       22 January 2002.  

6.  On 22 January 2002, the applicant enlisted in the Army for a period of 
4 years, in pay grade E-1.  He completed basic and advanced individual training and was awarded military occupational specialist (MOS) 11C (Indirect Fire Infantryman).

7.  On 1 May 2006, the applicant was honorably released from active duty and transferred to the USAR Group (Reinforcement) after completing a total of 
4 years, 3 months, and 10 days of active duty service.  Item 18 (Remarks) of his DD Form 214 shows he was paid a $7,000.00 enlistment bonus on 23 January 2006.


8.  In the processing of this case an advisory opinion was obtained from the Department of the Army, Office of The Deputy Chief of Staff G-1 dated
20 November 2008.  The advisory opinion stated, "The applicant entered the Army on 22 January 2002 in MOS 11X for a period of 4 years.  He was authorized a $7000.00 enlistment bonus for the MOS and a $2,000.00 seasonal bonus for shipping within 60 days based on HQDA incentive message dated
4 December 2001.  The advisory opinion continues that the total entitlement was $9,000.00.  When the applicant enlisted Army policy was to pay the first installment of $7,000.00 upon reporting to the first permanent duty station and the remaining bonus would be paid out over the enlistment contract period in annual installments.  According to the applicant's DD Form 214, he was only paid a $7,000.00 bonus.

9.  The advisory opinion recommended that the applicant be granted relief and that he be paid a bonus in the amount of $2,000.00.  On 24 November 2008, a copy of the advisory opinion was provided to the applicant for comment or rebuttal.  

10. The applicant did not respond to the advisory opinion.

11.  HQDA MILPER Message 02-042, date-time group 031100Z December 2001, announced Enlistment Bonus Program Changes, effective 4 December 2001, and had an expiration date of 4 December 2002.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the remaining $2,000.00 of his $9,000.00 cash bonus was carefully considered and found to have merit.

2.  The available evidence shows the applicant enlisted for two enlistment bonuses for a total bonus amount of $9,000.00.  The applicant's DD Form 214 shows that he only received $7,000.00 of his bonuses.  Therefore, he is entitled to the remaining $2,000.00.

3.  The advisory opinion confirms the applicant was entitled to a $9,000.00 US Army Incentive Enlistment Program-Cash Bonus as a result of the terms of his enlistment contract.

4.  In view of the foregoing, the applicant’s records should be reviewed by the Defense Accounting and Finance Services to determine if the applicant has actually not been paid the additional $2000.00 cash bonus payment and if not, he should be paid accordingly.

BOARD VOTE:

____X____  ____X____  ___X_____  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 related to this case be audited by the Defense Finance and Accounting Service to determine if the applicant has actually not been paid the two enlistment bonuses, in the total amount of $9,000.00 and of which it appears only $7,000.00 has been paid and, if not, paying to him the remaining cash bonus in the amount of $2,000.00.



      _______ _   _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)                                         AR20080015555



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ABCMR Record of Proceedings (cont)                                         AR20080015555



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