IN THE CASE OF:
BOARD DATE: 12 January 2011
DOCKET NUMBER: AR20100017668
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 his enlistment and reenlistment bonuses.
2. He states he never received his enlistment or reenlistment bonuses.
3. He provides a copy of his enlistment documents in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 9 February 2002 and enlisted in the Regular Army (RA) on 7 March 2002. His enlistment contract shows he enlisted for training in military occupational specialty (MOS) 11X (Infantry) and a cash bonus of $4,000.00. He completed advanced individual training and was awarded MOS 11B (Infantryman). He was discharged on 31 March 2005 in the rank of specialist (SPC) after completing 3 years, 2 months, and 24 days of active military service. His DD Form 214 for the period ending 31 May 2005 shows he held MOS 11B1O at the time of separation and he served in this MOS for 2 years and 10 months.
2. On 14 September 2006, he again enlisted in the RA for a period of 3 years. His enlistment contract shows he enlisted for a Broken Service Selective Reenlistment Bonus (BSSRB) (option 471). The amount of the bonus is not indicated. He was released from active duty on 13 September 2009 in the rank of SPC after completing 3 years of active military service.
3. In the processing of this case, 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. This office recommended that the applicants request be granted and that he receive two combined bonuses totaling $8,000.00. The opinion stated:
* The applicants enlistment contract revealed he enlisted in the RA on
7 March 2002 for MOS 11B and a $4,000.00 bonus
* He was separated from the Army and reentered on 14 September 2006
* The BSSRB was listed on his reentry contract in the amount of $4,000.00
* He was never paid either bonus
4. A copy of the advisory opinion was forwarded to the applicant to allow him to provide comments. However, he did not respond within the allotted timeframe.
5. In an 18 November 2010 email, the Defense Finance and Accounting Service (DFAS) indicates the applicant's Master Military Pay Account does not reveal a bonus was ever issued to him.
6. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the RA and the Army Reserve. It also prescribes the policies governing the eligibility criteria for the BSSRB. The regulation provides that those Soldiers separated from active duty less than 48 months, and holding a qualifying MOS with the appropriate skill level at the time of reenlistment, may be authorized a BSSRB based on the current military personnel (MILPER) message published by the Human Resources Command.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he never received his enlistment or reenlistment bonus has been acknowledged and appears to have merit.
2. The evidence of record shows he enlisted in the RA on 7 March 2002 for a $4,000.00 cash bonus in MOS 11X. This bonus is listed on his enlistment contract.
3. He again enlisted in the RA on 14 September 2006 and he was authorized a BSSRB in the amount of $4,000.00 (the amount indicated in the advisory opinion from the Office of the Deputy Chief of Staff, G-1).
4. His military pay records at DFAS confirm he has not received either his cash bonus or BSSRB for a combined total of $8,000.00.
5. Therefore, based on the available evidence it would be appropriate to honor the commitments made to him in his enlistment contract and pay him the $4,000.00 cash bonus promised to him on 7 March 2002. It would also be appropriate to pay him the $4,000.00 BSSRB promised to him in his enlistment contract on 14 September 2006. Payment of these incentives should be made by DFAS in the appropriate amount and manner.
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:
a. showing he is authorized payment of a $4,000.00 cash bonus in accordance with the terms of his enlistment contract on 7 March 2002;
b. showing he is authorized payment of a $4,000.00 BSSRB in accordance with the terms of his enlistment contract on 14 September 2006; and
c. DFAS should pay the above incentives in the appropriate amount and manner based on the terms of the applicant's enlistment contracts.
_______ _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) AR20100017668
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ABCMR Record of Proceedings (cont) AR20100017668
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