IN THE CASE OF:
BOARD DATE: 19 April 2012
DOCKET NUMBER: AR20120001066
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 correction of the Guard annex of his enlistment contract to reflect he enlisted for 36 months of active duty and a $30,000.00 enlistment bonus.
2. The applicant states a pen and ink change was made to his contract to show he enlisted for 36 months of active duty and a $30,000.00 enlistment bonus; however, he has been unable to receive the remaining $10,000.00 of his bonus because the change was not properly made.
3. The applicant provides:
* his 22 February 2008 enlistment contract
* a DA Form 2142 (Pay Inquiry)
* a DA Form 4187 (Personnel Actions)
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 29 July 2008
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the Arkansas Army National Guard (ARARNG) on 22 February 2008 for a period of 8 years. His contract specified he would serve 2 years and 26 weeks of active duty and 5 years and 26 weeks in the Reserve Component (RC) in the service in which he enlisted. It also
specified he would receive a $20,000.00 enlistment bonus, paid in an initial $10,000.00 payment upon completion of his training and a $10,000.00 payment on the anniversary of his following year. On the same day, a DA Form 4187 was prepared to correct the contract to show he would serve 3 years of active duty and 5 years in the RC.
2. On 11 June 2008, he was ordered to initial active duty training at Fort Knox, KY to complete his basic training. On 29 July 2008, he was honorably released from active duty training.
3. On 30 July 2008, he was honorably discharged from the ARARNG and the U.S. Army Reserve (USAR) for the purpose of enlisting in the Regular Army (RA). He enlisted in the RA on 30 July 2008 for a period of 3 years under the Active First Enlistment Option in which he agreed to serve 3 years of active duty and 5 years in the RC in return for a $30,000.00 enlistment bonus.
4. He subsequently completed his advanced individual training and he was awarded military occupational specialty (MOS) 74D (chemical operations specialist). He was serving on active duty in the pay grade of E-4 when on
11 October 2010 he reenlisted for a period of 4 years and a selective reenlistment bonus. He had served 2 years, 2 months, and 11 days of active service of his original 3-year commitment.
5. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch, Enlisted Accessions Division. The advisory official opines that the Guard annex should have been retyped to show the correct active first bonus of $30,000.00 in accordance with HQDA incentives message, dated 5 October 2007, which lists an Active First Bonus of $30,000.00 for MOS 74D and further recommended the applicant receive the remaining $10,000.00 of his enlistment bonus.
6. The advisory opinion was provided to the applicant. On 17 February 2012, he concurred with the advisory official's recommendation.
7. Army Regulation 601-210 (Active and Reserve Component Enlistment Program), paragraph 8-6, provides that requests to change the term of service must be submitted to the U.S. Army Human Resources Command (HRC).
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his enlistment contract should have been properly corrected to reflect he enlisted for 36 months of active duty and a $30,000.00 enlistment bonus has been noted and appears to have merit.
2. Although the applicant has not applied to HRC, given HQDA G-1 has provided an opinion and since HQDA G-1 is the proponent for the governing regulation, it would be appropriate to act on the applicants request at this time. The evidence of record shows a pen and ink change was made to his contract and a DA Form 4187 was prepared to reflect the changes to his contract. His records should now be officially corrected to reflect those changes.
3. Additionally, the applicant should be paid any remaining amount of the original bonus to which he was entitled to receive as a result of this correction.
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 his 22 February 2008 Army National Guard contract and annex were properly prepared to show he enlisted under the Active First Enlistment Option" for a period of 36 months and a $30,000.00 enlistment bonus.
b. paying him any bonus entitlement to which he is entitled as a result of the above 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) AR20120001066
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ABCMR Record of Proceedings (cont) AR20120001066
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