IN THE CASE OF:	  

		BOARD DATE:	  25 May 2010

		DOCKET NUMBER:  AR20090019783 


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 receive an increase of $1,000.00 in his HIGRAD enlistment bonus (EB).

2.  The applicant states, in effect, that he was promised by Army representatives at the Military Entrance Processing Station (MEPS) a $10,000.00 bonus and the Army College Fund (ACF) together.  He contends that he was shown the training reservation sheet with the amount promised.  An error occurred in copying the training reservation paperwork to the "Dep-Out" paperwork even though they were printed the same day.  He also states that he was given no notice of a change in entitlement nor was he given a reason behind the change of entitlements.  He argues that his claim is supported by the senior guidance counselor of the MEPS.

3.  The applicant provides a copy of his enlistment contract, a DD Form 214 (Certificate of Release or Discharge from Active Duty), a self-authored letter, and a memorandum from the senior guidance counselor of the MEPS.

CONSIDERATION OF EVIDENCE:

1.  The applicant applied to the ABCMR in December 2008 requesting the additional increase in his HIGRAD EB and increase in his ACF.  It appears that the request for HIGRAD EB was overlooked and the applicant was administratively granted his ACF request.

2.  The applicant enlisted in the Regular Army on 3 July 2003 for a period of 3 years in military occupational specialty (MOS) 74D (Chemical Operations Specialist).  He was honorably released from active duty (REFRAD) 14 June 2008 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  He completed
3 years, 5 months, and 2 days of net active service at the time of his REFRAD.

3.  On 13 January 2005, both the applicant and the guidance counselor signed his “Statement for Enlistment - United States Army Enlistment Program” contract, which clearly stated in paragraph 2 (Associated Options) the following:

   In connection with my enlistment into the Regular Army, I hereby acknowledge and understand
   
   a.  "The incentive above is the U.S. Army cash bonus, I understand that the bonus amount is $9000.00 authorized by HQDA, DAPE-MPA, Enlisted Incentive Program effective 6 December 2004 and will be paid in accordance with DA instructions."

   b.  “I certify that I have read, viewed, and understand the information for applicant’s table 9-1 of Army Regulation 601-210 [Active and Reserve Components Enlistment Program] for the enlistment programs I am enlisting for.”

4.  In the processing of this case, on 17 November 2009, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Washington, DC.  The advisory official recommended that the request for the additional bonus payment be denied.

5.  The advisory official opined that the applicant enlisted in the Army Delayed Entry Program on 30 December 2004 and entered active duty on 13 January 2005.  The incentives message in effect when he enlisted was HQDA message, subject:  Enlistment Incentive Program Change Effective 6 December 2004, DAPE-MPA 12-03-04."  The applicant received a $3,000.00 HIGRAD EB for having 30-59 semester hours of college, and a $6,000.00 seasonal enlistment bonus (SB).  His MOS 74D was authorized a $2,000.00 bonus; however, since the applicant also enlisted for the ACF, the MOS [military occupational specialty] bonus was reduced, in this case there was no MOS bonus for a 3-year enlistment for MOS 74D in conjunction with the ACF.   The two bonuses added up to $9,000.00, which is listed on the applicant’s contract annex.

6.  On 17 November 2009, a copy of the advisory opinion was sent to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.

7.  On 4 December 2009, by email, the applicant submitted a response to the advisory opinion.  The applicant stated that he joined the Army based on promises made by Army representatives at the MEPS.  He contends that he held up his end of the deal although the advisory opinion states that there was no $10,000.00 bonus that was included alongside the 3-year ACF.  The applicant states that he has proof that this is exactly what was promised to him.  He refers to a memorandum for the senior official at the MEPS and paperwork which allegedly states that he was promised a $10,000.00 bonus and the ACF.

8.  In the memorandum submitted by the Senior Guidance Counselor, Boston MEPS, dated 14 May 2008, he acknowledged that the applicant enlisted with bonus options of a HIGRAD bonus, a cash bonus for a 3-year enlistment, and an SB for a high priority seat.  He states these options awarded him a $10,000.00 bonus for his selected MOS.  The counselor states he reviewed the applicant's records and concluded that there was an apparent "glitch" in the system which prevented the correct amount from populating on his "Dep-Out" annex, resulting in his total bonus award to be short by $1,000.00.  The counselor does not provide any other explanation or corroborating documents.

9.  HQDA Message, DAPE-MPA 12-03-04, states that the SB was available to nonprior-service (NPS) applicants with a Tier I education credential, TSC I-IIIA for a term of service (TOS) of three or more years selecting an MOS with a priority training seat.  Also eligible are the NPS applicants with a Tier I credential, TSC IIIB or Tier II credential, TSC I-IIIA in select MOS's which have a priority training seat.  An SB of $9,000.00, $7,000.00, $6,000.00, $3,000.00, or $1,000.00 may be available for priority training seats.

10.  This message also states that the HIGRAD Bonus is authorized for all MOS's, levels 1 through 8 indentified in paragraph 15 for NPS applicants with 30 or more semester hours and Tier I, TSC I-IIIA.  A $3,000.00 bonus is authorized for HIGRADS with 30 to 59 semester hours of college, a $6,000.00 bonus is authorized for HIGRADs with 60 or more semester hours of college, a $7,000.00 is authorized for a two-year associate degree or equivalent degree, and an $8,000.00 bonus is authorized for a four-year degree.  Eligible applicants may receive only one HIGRAD bonus and it may be combined with all other incentives.


DISCUSSION AND CONCLUSIONS:

1. The applicant's contention that he should receive an additional $1,000.00 for his HIGRAD EB was carefully considered but not supported by the preponderance of the evidence.

2.  The incentives message that was in effect at the time of his enlistment specifically stated that a $3,000.00 bonus is authorized for HIGRADs with
30 to 59 semester hours of college.   It also stated that an SB is authorized for NPS applicants who select an MOS with a high priority seating.  MOS 74D had a priority training seat level of 3 which entitled him to a $6,000.00 SB.  The evidence confirms the applicant received a total of $9,000.00 in bonuses which is outlined in the annex of his enlistment contract, which he and his guidance counselor acknowledged and signed at the time of his enlistment.  Therefore, he is not entitled to any additional bonus amount.

3.  The advisory opinion stated that the message that was in effect at the time of the applicant’s enlistment did not award an MOS bonus for a 3-year enlistment for MOS 74D in conjunction with the ACF.   The two bonuses which the applicant received added up to $9,000.00, which is listed on the applicant’s contract annex.  

4.  The applicant’s rebuttal to the advisory opinion is also noted.  The applicant contends that he has provided proof that he was promised a total of $10,000.00 in bonuses.  Based on the documentation provided by the applicant and a thorough review of his military records, there is no documentary evidence which corroborates the applicant's and counselor's assertion.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X___  ___X____  ____X___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20090019783



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ABCMR Record of Proceedings (cont)                                         AR20090019783



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