BOARD DATE:	  28 January 2010

		DOCKET NUMBER:  AR20090010292 


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 he be paid an $8,000.00 bonus based on his enlistment for Officer Candidate School (OCS).

2.  The applicant states that he was supposed to receive an $8,000.00 bonus upon completion of OCS in December 2005 but never received it.  His enlistment contract states that he is entitled to this bonus but the Army did not honor the contract.

3.  The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment Document), dated 10 May 2008, 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 10 May 2005.  Item 2 of his Statement of Enlistment - U.S. Army Enlistment Program - U.S. Army Delayed Enlistment Program (Dep-In), dated 10 May 2005, shows the 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:

9D  United States Army Officer/Warrant Officer Enlistment Program (UNCM) 11
9C  United States Army Incentive Enlistment Program (U.S. Army OCS Bonus) 12"

2.  The applicant's records further show he enlisted in the Regular Army for a period of 3 years in the rank/grade of specialist/E-4 on 29 June 2005.  Item 1 (Acknowledgement) of his Statement for Enlistment - U.S. Army Enlistment Program (Dep-Out) states he enlisted under the same options as stated in his Dep-In.  He subsequently completed OCS at Fort Benning, GA, from 29 June 2005 to 14 December 2005 and was honorably discharged on 14 December 2005 for the purpose of accepting a commission in the Army.

3.  The applicant's records also show he was appointed as an infantry second lieutenant on 15 December 2005.  He subsequently completed the Basic Officer Leaders Course at Fort Benning, GA, from 6 March 2006 to 2 June 2006. 
He was assigned to Company A, 1st Battalion, 30th Infantry, Fort Stewart, GA, and was promoted to first lieutenant on 15 June 2007.

4.  He was honorably discharged on 22 June 2009 in the rank of captain for miscellaneous/general reasons (unqualified resignation).  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued shows he completed 3 years, 11 months, and 24 days of creditable active service.

5.  An advisory opinion was obtained on 5 November 2009 in the processing of this case.  An official in the Office of the Deputy Chief of Staff, G-1, Washington, DC, recommended the applicant be granted relief.  He stated that the applicant's enlistment contract clearly indicates that the Army offered and the applicant agreed to an $8,000.00 cash bonus.  He was commissioned on 15 December 2005, well before the U.S. Army Recruiting Command (USAREC) received guidance to stop shipping applicants who had signed contracts for OCS with a promise of a bonus.  This opinion is based on regulatory guidance in Army Regulation 601-210; Military Personnel (MILPER) Message Number 05-089, subject:  Enlistment Bonus (EB) Program Changes, dated 12 April 2005; and the undated USAREC Notification Procedures - OCS Enlistment Bonus; as well as a review of the officer's enlistment contract.

6.  A copy of this advisory opinion was furnished to the applicant on 10 December 2009; however, he did not respond.

7.  MILPER Message Number 05-089, dated 12 April 2005, states, in pertinent part, that effective 11 April 2005, an $8,000.00 bonus is authorized to all applicants enlisting in the Regular Army for the OCS enlistment option.  Those applicants who previously contracted and will depart for active duty for OCS after 11 April 2005 will also receive the bonus.  This bonus is the only authorized bonus incentive for Regular Army OCS enlistees.  The bonus is payable in lump sum after successful completion of OCS and commissioning as a Regular Army officer in accordance with applicable provisions.
8.  USAREC Notification Procedures - OCS Enlistment Bonus, undated, essentially ended the Regular Army OCS cash enlistment bonus.  It states, in pertinent part, that effective 28 April 2006 (emphasis added), Soldiers contracted under the Regular Army OCS cash bonus enlistment option will not ship to training until one of several actions is completed (renegotiate contract for OCS with no bonus, renegotiate contract and receive loan repayment in lieu of bonus, accept OCS with a commission in the U.S. Army Reserve, renegotiate as an enlisted member, or separate from the DEP).

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted on 10 May 2005 under an enlistment program that became effective on 11 April 2005; he enlisted in the Regular Army under the OCS bonus option for an $8000.00 lump sum bonus payable upon his successful completion of OCS and acceptance of a Regular Army commission.

2.  The applicant entered active duty on 29 June 2005 and attended OCS at Fort Benning, GA.  He successfully completed OCS and was discharged on 14 December 2005.  On 15 December 2005, he accepted an appointment as a Regular Army infantry second lieutenant.  He served 3 years, 6 months and 8 days as an officer and was honorably discharged on 22 June 2009 in the rank of captain.

3.  Effective 28 April 2006, any enlistee who enlisted for the $8000.00 Regular Army OCS bonus option, but who had not shipped to training, was required to renegotiate their enlistment contract to eliminate the bonus, accept loan repayment in lieu of the bonus, accept a $10,000.00 bonus and a commission in the U.S. Army Reserve (not the Regular Army), accept enlistment without OCS, or separate from the DEP.

4.  The applicant enlisted in good faith for a bonus program that was in effect from 11 April 2005 until 28 April 2006 when it was discontinued.  He completed all requirements for the bonus on 14 December 2005 and should have been paid the $8000.00 bonus at that time; he was a second lieutenant with 4 1/2 months time in grade when the bonus was eliminated.  That elimination action had no effect on him and he should receive his 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 remitting to the applicant the OCS enlistment bonus per MILPER Message Number 05-089.




      ___________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)                                         AR20090010292



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ABCMR Record of Proceedings (cont)                                         AR20090010292



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