BOARD DATE:	  2 October 2012

		DOCKET NUMBER:  AR20120005113 


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 he be paid a seasonal bonus in the amount of $20,000.00.

2.  The applicant states:

	a.  on 12 June 2007, he signed an enlistment contract with the option of attending Ranger Indoctrination Training and he entered the Future Soldier Training Program (FSTP).  

   b.  he entered active duty on 25 July 2007.  Simultaneously, on 25 July 2007, the U.S. Army Military Personnel Command issued an electronic message (MILPER Message Number 07-188) to the U.S. Army Recruiting Command (USAREC) that outlined enlistment bonus program changes.  Among these changes was the enactment of a $20,000.00 seasonal bonus to help the Army meet recruiting shortfalls that year.  
   
   c.  as he was departing the recruiting station his recruiter recognized that his contract would need to be amended for payment of the seasonal bonus but the recruiter was confident the applicant's enlistment contract would be adjusted and the bonus paid later.  However, upon his arrival at the military entrance processing station later that day, with the large number of new Soldiers being processed, he found little support to get his enlistment contract modified and was again promised it would be adjusted at his training station at Fort Benning, GA.   

	d.  at Fort Benning his main duty was to successfully complete basic and advanced training followed by airborne training and Ranger assessment.  He was provided too little time to coordinate problems with his enlistment contract.  After his arrival at his first duty station he did attempt to talk with his supervisors over the issue but since it was an enlistment matter he was given a phone number to call at the local installation human resources office.  When he called this office he was basically told if it wasn't in his contract there was nothing they could do.

	e.  over the next few years while serving 4 tours in the operational theater he didn't pursue the issue further.  He honorably separated from the Army on 
4 December 2011.

	f.  he pointed out MILPER Message Number 07-188 states "Soldiers currently in the FSTP are eligible for the $20K if they ship by 27 August 2007."  Since he was in the FSTP as of 12 June 2007, and he shipped on 25 July 2007, he is eligible for the seasonal bonus.    

3.  The applicant provides:

* MILPER Message Number 07-188
* USAREC Message Number 07-168
* Enlistment contract
* Congressional correspondence
* Power of Attorney 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 12 June 2007 under the delayed entry program (DEP) for a period of 8 years.  He was discharged from the DEP and enlisted in the Regular Army (RA) on 25 July 2007 for a period of 4 years and 19 weeks.  His enlistment contract shows he enlisted for the U.S. Army Incentive Enlistment Program (cash bonus for military occupational specialty (MOS) 11X (infantry recruit) and a seasonal bonus).

2.  He completed his training and was awarded MOS 11B (infantryman).  He served four tours in Afghanistan.  On 4 December 2011, he was released from active duty due to completion of required active service and he was transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.

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, D.C.  The advisory official points out:
	a.  the applicant enlisted for 4 years in MOS 11X for a $9,000.00 bonus and a $3,000.00 seasonal bonus.

	b.  based on MILPER Message Number 07-188, his seasonal bonus should have been adjusted to the higher amount the day he departed for active duty, although given the effective date of the message the counselor likely did not see the provision to grant the higher seasonal bonus to recruits already in the DEP.

4.  The advisory official recommends the applicant be granted the higher bonus in the amount of $17,000.00 ($20,000.00 seasonal bonus minus the $3,000.00 seasonal bonus that was previously paid).	  

5.  A copy of the advisory opinion was provided to the applicant to provide comment or rebuttal.  The applicant did not respond within the given time frame.  

6.  MILPER Message Number 07-188, dated 25 July 2007, provides for enlistment bonus program changes.  The message states effective 25 July 2007 a non-prior service seasonal bonus in the amount of $20,000.00 is available for all MOS who ship within 30 days and depart for active duty by 30 September 2007.  Only Soldiers currently in the FSTP are eligible for the $20,000.00 seasonal bonus if they ship by 27 August 2007.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention he should be paid a seasonal bonus in the amount of $20,000.00 was carefully considered.

2.  He enlisted in the USAR on 12 June 2007 under the DEP.  He enlisted in the RA on 25 July 2007 for a period of 4 years and 19 weeks and a seasonal bonus in the amount of $3,000.00.

3.  MILPER Message Number 07-188 states effective 25 July 2007 a non-prior service seasonal bonus in the amount of $20,000.00 is available for all MOS who ship within 30 days and depart for active duty by 30 September 2007.  Only Soldiers currently in the FSTP are eligible for the $20,000.00 seasonal bonus if they ship by 27 August 2007.

4.  It appears his seasonal bonus should have been adjusted to the higher amount ($20,000.00) the day he departed for active duty (25 July 2007).  Since he was already paid $3,000.00 for a seasonal bonus, it would be equitable to correct his military records and remit payment to him in the amount of $17,000.00.

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.  amending his enlistment contract to show he enlisted for a seasonal bonus in the amount of $20,000.00; and

	b.  having the Defense Finance and Accounting Service pay the individual concerned $17,000.00, the remaining balance of the total amount of the seasonal 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)                                         AR20120005113





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ABCMR Record of Proceedings (cont)                                         AR20120005113



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