IN THE CASE OF:
BOARD DATE: 16 July 2009
DOCKET NUMBER: AR20090005087
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 he be paid an enlistment bonus based on his initial 4-year enlistment in the Regular Army on 10 February 2004.
2. The applicant states that his record is missing a copy of his initial February 2004 enlistment and that finance officials at his installation would not pay him this enlistment bonus until he submits a copy of his enlistment contract.
3. The applicant provides a copy of DD Form 4 (Enlistment/Reenlistment Document), dated 17 August 2006 (1st reenlistment) and allied documents, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he initially enlisted in the U.S. Army Reserve under the Delayed Entry Program (DEP) on 15 December 2003. His record is void of pages 4/1, the front page of his enlistment contract which would have listed his enlistment options and/or incentives in item 8b (Remarks), and 4/2, and a copy of the DA Form 3286 (Statement of Enlistment) (also known as Annex B).
2. Item 2 of his Dep-In (Statement of Enlistment-U.S. Army Enlistment Program-U.S. Army Delayed Enlistment Program), dated 15 December 2003, shows the following entry, "Upon enlistment into the Regular Army, I will be enlisted under the provisions of Army Regulation 601-210 (Active and Reserve Components enlistment Program). Program or programs as indicated below:"
9A United States Army Training Enlistment Program (UNCM) 03
9C United States Army Incentive Enlistment Program (U.S. Army Cash Bonus, 4 YR Enlistment 174
3. The applicants records further show he enlisted in the Regular Army for a period of 4 years on 10 February 2004. He completed basic combat and advanced individual training and was awarded military occupational specialty 31R (redesignated as 25Q) (Multichannel Transmission Systems Operator-Maintainer).
4. The applicants records also show he served in Iraq from on or about 5 October 2005 to on or about 28 September 2006. He was promoted to sergeant on 1 November 2008.
5. On 17 August 2006, the applicant executed a 4-year reenlistment in the Regular Army. He was re-trained and was awarded MOS 27D (Legal Specialist) and is currently assigned to Fort Sill, OK.
6. The applicant's record is void of his DD Form 4/1that shows he enlisted on 10 February 2004. He was notified by finance officials at Fort Sill to provide a copy of his MOS orders, DD Form 4, DD Form 1966-2 and 1966-3 (Personnel Data Sheet), DA Form 3286 (Annex A or Dep-In) and Annex B (Dep-Out), and Enlisted Record Brief.
7. An advisory opinion was obtained on 30 June 2009 in the processing of this case. The Chief, Incentive and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff , G-1, Washington, DC, recommended the applicant be granted relief. He stated that a review of the details involved in his case show that he enlisted in the DEP on 15 December 2003 for MOS 31R. His contract addendum (Annex A) shows a $1000.00 enlistment bonus. Review of the Headquarters, Department of the Army (HQDA) Incentive Message, dated 1 October 2003, shows an enlistment bonus of $1,000.00 was authorized for a 4-year enlistment in MOS 31R. The applicants file is missing a full DD Form 4 series for his first period of service as well as Annex B to his contract which is used by finance officials to verify and pay enlistment incentives.
8. A copy of this advisory opinion was furnished to the applicant on 30 June 2009. He concurred on the same date.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he should be paid an enlistment bonus in conjunction with his 4-year enlistment in the Regular Army on 10 February 2004.
2. The evidence of record confirms that the applicant enlisted for a period of 4 years on 10 February 2004 for an option that promised him payment of an enlistment bonus. His record is void of the necessary documents needed by finance officials to pay him this bonus. A review of HQDA incentives messages for the time period of the applicant's enlistment date reveals that an enlistment bonus of $1,000.00 was authorized for a 4-year enlistment in MOS 31R MOS. The applicant's is therefore entitled to correction of his records to show entitlement to this bonus.
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 of the individual concerned be corrected by showing that all portions of his 10 February 2004 enlistment contract (DD Form 4/1 and 4/2, DD Form 1966-2 and 1966-3, DA Form 3286, and any other portions as appropriate) were properly prepared to authorize him a $1,000.00 enlistment bonus and that he be paid said enlistment bonus 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) AR20090005087
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