IN THE CASE OF:	  

		BOARD DATE:	  3 March 2011

		DOCKET NUMBER:  AR20100012317 


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 payment of one half of his 1984 enlistment signing bonus.

2.  The applicant states he enlisted in the U.S. Army Reserve (USAR) under the split training program.  He completed the first half of his training in 1984 and the second half in 1985.  He never received the portion of his signing bonus for completion of his military occupational specialty (MOS) training.  He expects the Army to fulfill its contract and obligation.

3.  The applicant provides copies of his enlistment documents, January 1984 orders for initial active duty for training (IADT), two certificates of completion of training, orders awarding his MOS, 1984 orders separating him from IADT, a 16 August 1985 DD Form 214 (Certificate of Release or Discharge from Active Duty), 31 October 1985 orders discharging him to participate in a Reserve Officers' Training Corps (ROTC) Program at Howard University, and a 1998 request for payment of an enlistment bonus.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 28 January 1984.  His enlistment documents show he had completed high school and was enrolled in the Army ROTC Program at Howard University.

2.  The enlistment contract shows he was under the split training election for MOS 91R (Veterinary Food Inspection Specialist) which was an approved incentive entitlement.  His enlistment bonus for 6 years is shown as $2,000.00 with the stipulation of payment as follows:

	a.  initial payment of one half of the total after receiving his secondary school diploma, completing IADT, and qualifying in an MOS; and

	b.  two subsequent payments of one quarter of the total upon completion of the 2nd and 4th years of service;

3.  The addendum states in section VII (Termination) that in the event the entitlement to an enlistment incentive is terminated for any of the following reasons, the Soldier will not be eligible to receive any further bonus payments or educational assistance:

	a.  unsatisfactory participation;

	b.  acceptance of a civilian position where membership in the reserve is a condition of employment;

	c.  failure to extend the term of service to account for a period non-availability;

	d.  separation from the Selected Reserve as a enlisted person, including enlistment or voluntary recall to active duty in the active Army, or if accepting an immediate appointment as a commissioned or warrant officer;

	e.  becoming a participant in the ROTC Simultaneous Membership Program (SMP) [simultaneous training as an ROTC cadet and as a member of a troop program unit of the USAR after enrollment in the ROTC Program];

	f.  moving out of the bonus authorized MOS, unless at the express direction of the USAR;

	g.  voluntarily moving to a non-bonus qualified unit within 50 miles or 90 minutes in travel time from the unit in which enlisted; or

	h.  discharged from the USAR for any reason.

4.  The addendum states in section VIII (Recoupment) that in the event that the enlistment incentive is terminated under section VII above, the following repayment plan is authorized for recoupment of enlistment bonuses:

	a.  the number of months served satisfactorily during the term of enlistment will be multiplied by the proportionate monthly dollar amount (total authorized bonus amount divided by 72 months);

	b.  the sum of the above will be subtracted from the total amount of bonus paid to date, including both initial and subsequent payments; and

	c.  if the above calculation indicates an overpayment, a refund of that amount is required.  If the calculation indicates the Soldier earned more than had been paid, a final payment in the amount due will be made by the U.S. Government.

5.  U.S. Army Training Center and Fort Dix issued a statement in lieu of a DD Form 220 (Active Duty Report), dated 20 July 1984, showing completion of basic combat training.  He was on IADT from 21 May 1984 through 20 July 1984.

6.  Headquarters, Fort Sam Houston, Orders 147-34, dated 31 July 1985, show the applicant was awarded MOS 91R effective 16 August 1985.

7.  A 16 August 1985 DD Form 214 shows the applicant served on IADT from 13 June 1985 through 16 August 1985 and was released for "Reserve Component personnel upon completion of MOS training."  His MOS is shown as 91R.

8.  His 16 August 1985 DD Form 214 shows 2 months and 4 days of active duty for this period; 2 months of prior active service; and 1 year, 2 months, and 15 days of prior inactive service.

9.  U.S. Army ROTC Instructor Group Orders 36-1, dated 31 October 1985, discharged the applicant from his USAR unit effective 22 August 1985 to participate in the Advanced ROTC Program at Howard University.

10.  The applicant was commissioned as a military intelligence officer on 28 October 1988 and served on active duty until he retired on 30 June 2010.

11.  A Defense Finance and Accounting Service (DFAS) review of the applicant's pay records found no record of a bonus issued to the applicant by either the USAR or Active Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he enlisted in the USAR under the split training program. 
He completed the first half of his training in 1984 and the second half in 1985.  He never received the portion of his signing bonus for completion of his MOS training.  He expects the Army to fulfill its contract and obligation.

2.  With his completion of MOS training, the applicant met the final requirement for the enlistment bonus.  However, with his 22 August 1985 discharge to participate in the Advanced ROTC Program, the applicant ceased to meet the requirements for entitlement to the entire bonus.

3.  A preliminary review of the applicant's pay records did not locate any enlistment bonus payment.  The applicant served 1 year, 6 months, and 26 days of his enlisted USAR commitment and should have received the initial $1,000.00 payment.  However, with the loss of eligibility, the recoupment provisions of the contract are applicable.  This means the applicant would be entitled to only a partial amount of the total bonus equal to his time served (19 months).

4.  Since there is no indication the applicant has been paid any portion of this bonus, it is appropriate to correct his records to show his entitlement to a portion of the enlistment bonus equivalent to the authorized amount for a period not to exceed 19 months.

5.  Prior to payment, DFAS should again audit the applicant's pay account to ensure that no prior payment was made and then pay the appropriate monetary amount consistent with regulations in effect at that time.

6.  Payment of the total $2,000.00 is not appropriate as the applicant only served 19/72 of the contracted period.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he is entitled to partial payment of his 1984 enlistment bonus not to exceed 19/72 of the total amount ($2,000.00).

2.  Prior to disbursement of funds, DFAS is requested to audit the applicant's pay account to ensure that no prior payment was made and then pay the appropriate monetary amount consistent with time requirement in effect at that time.

3.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to any monetary amounts in excess of 19/72 of the total $2,000.00 enlistment bonus.



      _____________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)                                         AR20100012317



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ABCMR Record of Proceedings (cont)                                         AR20100012317



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