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ARMY | BCMR | CY2011 | 20110009926
Original file (20110009926.txt) Auto-classification: Approved

		

		BOARD DATE:	  1 November 2011

		DOCKET NUMBER:  AR20110009926 


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 to be awarded the $6,000.00 HIGRAD enlistment bonus he was promised by his recruiter.

2.  He states:

* his recruiter informed him he was eligible for a HIGRAD enlistment bonus of $6,000.00
* he was eligible for the bonus because he completed over 60 semester hours and received his bachelor's degree prior to his enlistment
* his recruiter wrote on the enlistment reservation sheet and signed it indicating he would receive the HIGRAD bonus
* the recruiter failed to make sure the enlistment packet also reflected the eligibility for the HIGRAD bonus
* U.S. Army Human Resources Command refused to honor the recruiter's promise

3.  He provides:

* self-authored statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* Statement for Enlistment – U.S. Army Enlistment Program – U.S. Army Delayed Enlistment Program (DEP) (DEP-In)
* Statement for Enlistment – U.S. Army Enlistment Program (DEP-Out)
* enlistment packet
* enlistment reservation
* U.S. Army Recruiting Command (USAREC) Message 03-059
* email message from USAREC
* annuitant account statement
* Geneva College transcript

CONSIDERATION OF EVIDENCE:

1.  The applicant was awarded his Bachelor of Science Degree in Human Resources on 12 May 2001.

2.  He enlisted in the U.S. Army Reserve DEP on 2 April 2003 for training in military occupational specialty (MOS) 96B (Intelligence Analyst).

3.  Item 30 (Data Verification by Recruiter) of his DD Form 1966 shows the recruiter saw the applicant's birth certificate and verified the applicant's age and citizenship.  In addition, the recruiter saw the applicant's social security card and degree credentials.

4.  An automated Statement for Enlistment – U.S. Army Enlistment Program – U.S. Army DEP (DEP-In) was completed on 7 October 2003.  This form shows the applicant enlisted for Program 9A – U.S. Army Training Enlistment Program and Program 9C – U.S. Army Incentive Enlistment Program (U.S. Army Loan Repayment Program).  The HIGRAD enlistment bonus is not listed.  His enlistment in the Regular Army was scheduled for 7 October 2003.

5.  The applicant's enlistment reservation, dated 2 April 2003, shows the recruiter made a handwritten entry indicating the applicant was authorized a HIGRAD enlistment bonus in the amount of $6,000.00 per "Message Number 142014MAR03, dated 17 March 2003" [Headquarters, Department of the Army, message, date/time group 142014ZMAR03, subject:  Enlisted Incentive Program Effective 17 March 2003].

6.  The applicant was honorably released from active duty on 25 May 2008 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

7.  He provides a self-authored statement in support of his claim in which he states:

	a.  His recruiter notified him he was eligible to receive a $6,000.00 HIGRAD enlistment bonus that was available to all new recruits without prior service and who possessed the necessary college credits.

	b.  The career counselor was unable to locate USAREC Message 03-059 in order to add it to his statement of enlistment; therefore, he wrote it by hand on his reservation copy.

	c.  He delivered his enlistment contract, reservation copy, and printout of USAREC Message 03-059 to his unit's finance office to collect the bonus, but it was not honored.

8.  USAREC Message 03-059, dated 17 March 2003, subject:  Enlistment Incentives Effective 17 March 2003 (Corrected Copy), paragraph 4, indicated a $6,000.00 HIGRAD bonus was authorized for 60 or more semester hours of college.

9.  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, Headquarters, Department of the Army, who stated:

	a.  The applicant's contract upon entering active duty on 7 October 2003 erroneously omitted a $6,000.00 HIGRAD bonus that he was authorized for possessing a bachelor's degree in accordance with an unspecified Department of the Army Headquarters message, dated 17 March 2003.

	b.  A review of the applicant's case based on available records shows no record of any bonus payments.

	c.  He recommended granting the applicant relief and receipt of the $6,000.00 bonus.

10.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  However, he did not respond within the allotted time frame.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the U.S. Army Reserve DEP on 2 April 2003.

2.  The applicant's reservation sheet shows he entered the DEP on 2 April 2003 for training in MOS 96B.  His Regular Army enlistment date was scheduled for 7 October 2003.

3.  At the time of his enlistment, a HIGRAD bonus was authorized.  He met the requirements for the $6,000.00 HIGRAD bonus because he was awarded a bachelor's degree prior to his enlistment.

4.  The recruiter noted the $6,000.00 HIGRAD bonus on the applicant's reservation sheet, but it was erroneously omitted from the applicant's enlistment contract.

5.  As a matter of equity, it would appropriate to pay the applicant the $6,000.00 HIGRAD enlistment bonus at this time.

BOARD VOTE:

___x_____  ____x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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.  amending his enlistment contract to show he was authorized a $6,000.00 HIGRAD enlistment bonus in conjunction with his enlistment on 2 April 2003 and

	b.  directing that the Defense Finance and Accounting Service make payment to the applicant for the HIGRAD enlistment bonus in the amount of $6,000.00 to which he is entitled 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)                                         AR20110009926



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110009926



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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