BOARD DATE:	  5 June 2012

		DOCKET NUMBER:  AR20120006775 


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 his enlistment contract be amended to show he contracted for an Army Civilian Acquired Skills Program (ACASP) enlistment incentive in the amount of $20,000 in conjunction with his enlistment in the Army on 21 September 2010.

2.  He states per a synopsis of a "White Paper" submitted to the Department of the Army by the U.S. Army Recruiting Command (USAREC) G-3, the background and the discussion pertaining to prior service applicants not being allowed to receive an enlistment bonus for military occupational specialty (MOS) 35P resulted in a recommendation to allow prior service applicants to receive an ACASP incentive for enlistment of $20,000.

3.  He provides:

* DD Form 1966/3 (Record of Military Processing - Armed Forces of the United States)
* New York Military Entrance Processing Station (MEPS) Orders 0259012
* three DA Forms 330 (Language Proficiency Questionnaire) 
* email related to his enlistment
* two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* email describing Army Board for Correction of Military Records (ABCMR) application procedures 


CONSIDERATION OF EVIDENCE:

1.  On 4 April 2005, he enlisted in the U.S. Army Reserve (USAR).  A DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program) completed in conjunction with this enlistment shows he was enlisting under the ACASP for 09L Translator Aide.

2.  On 20 September 2010, he was released from active duty with the USAR and transferred to the USAR Control Group (Reinforcement) to facilitate his enlistment in the Regular Army on 21 September 2010.

3.  Item 32a (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) of his DD Form 1966 shows he enlisted for a period of 5 years for military occupational specialty (MOS) 35W (Electronic Warfare Signal Intelligence Recruit).  No incentives are listed.

4.  His records contain a DA Form 3286 (Statement for Enlistment) Annex B that shows he acknowledged he was enlisting for 5 years at pay grade E6 with only one enlistment option - station of choice, Europe.  Further, it shows he was assured of receiving training in the MOS 35W (Electronic Warfare Signal Intelligence Recruit), provided he met the required prerequisites.  No incentives are listed.

5.  The applicant provided a copy of an email from the USAREC Assistant Inspector General, dated 16 March 2012.  The email provided a synopsis of a "White Paper" submitted to the Department of the Army by the USAREC G-3.  Background and discussion was provided in the email for the applicant's use as justification for his request to the ABCMR for a bonus.

	a.  Currently, prior service applicants who are proficient in a foreign language critical to the needs of the Army are able to process under the ACASP for MOS 35P.

	b.  The ACASP is designed to reward applicants for their foreign language proficiency skills.  The current ACASP incentive is $20,000 but must be combined with an enlistment bonus.  Prior service applicants are not eligible for an enlistment bonus and therefore receive no incentive for returning to active duty.

	c.  Non-prior service applicants receive incentives up to $40,000 to process under the ACASP for their foreign language proficiency.  Applicants processing under the ACASP receive no formal language training at the Defense Language Institute (DLI).
	d.  Soldiers on active duty are eligible to reenlist for incentives up to $40,000 for MOS 35P.  Soldiers whose primary MOS is not 35P are eligible to re-enlist under the Bonus Extension and Retraining (BEAR) Program for MOS 35P and receive up to $40,000.  In addition to the monetary incentive, Soldiers can also qualify to receive formal language training at DLI under the BEAR program.

	e.  The email further discussed the advantages of recruiting more ACASP linguists into MOS 35P based on the savings to the Army of about $200,000 in training costs, the benefit of native language speakers' fluency and usually understanding the culture better than non-native personnel.  These Soldiers would also be more readily available for service because they would not need to attend language training of up to 64 weeks.

	f.  The email indicated that in the "White Paper" it was recommended that prior service applicants be allowed to receive the ACASP incentive for enlistment into MOS 35P. 

6.  In connection with the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, DA, Office of the Deputy Chief of Staff (DCS), G-1.

   a.  The G-1 official stated the applicant contended he was eligible for a $20,000 ACASP bonus based on his enlistment in the Army on 21 September 2010 and a draft USAREC "White Paper" that had verbiage regarding a $20,000 ACASP bonus for recruits in MOS 09L who come on active duty in MOS 35P.
   
   b.  The G-1 official stated that ACASP bonuses are only offered to non-prior service applicants.  The applicant was a prior service member of the Individual Ready Reserve who held MOS 09L and therefore was not eligible for an ACASP bonus.
   
   c.  The applicant received a $10,000 bonus in April 2004 when he enlisted for the first time.  In accordance with Army policy that existed when the applicant left the USAR and entered the active Army on 21 September 2010, a $15,000 prior service bonus existed for individuals in MOS 09L who enlisted on active duty for 4 or more years.  Effective 12 March 2012, a change to the incentives message was enacted that extended the $15,000 prior service bonus to MOS 09L or MOS 35P.  The 12 March 2012 message would not have applied to the applicant.  
   
   d.  The advisory official recommended the applicant be granted a $15,000 prior service bonus based on the fact he was a 09L enlisting for active duty.  Although the applicant enlisted in MOS 35W (later designated as 35P), both MOSs utilize the same language skills and are critically under strength.
7.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal; however, no response was received from the applicant.
   
8.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) prescribes policies and instruction on administration of the Enlistment Bonus Program. 

	a.  The incentive prescribed for a selected MOS will be announced by message from DCS, G–1.

	b.  Chapter 7 states that the ACASP attracts and uses persons with civilian-acquired skills required by the Army.  One of the objectives of the ACASP is to reduce training loads and costs.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's enlistment contract and associated documents did not show he was to receive an ACASP bonus incentive for his 21 September 2010 enlistment in the Regular Army.  

2.  An email from the USAREC Assistant Inspector General detailing the contents of a "White Paper" indicated other Soldiers who were either without prior service or prior service Soldiers reenlisting were eligible for a bonus incentive for MOS 35P.  It was recommended therein that prior service Soldiers be allowed to receive an ACASP incentive of $20,000.  However, that was only a recommendation.

3.  The G-1 advisory official stated that while the applicant was not eligible for an ACASP incentive of $20,000 because he was prior service, in accordance with Army policy that existed when the applicant entered the active Army on 21 September 2010, a $15,000 prior service bonus existed for individuals in MOS 09L who enlisted on active duty for 4 or more years.  Although the applicant enlisted in MOS 35W (later designated as 35P), both MOSs utilize the same language skills and are critically under strength.  As such, the G-1 official recommended the applicant be granted a $15,000 prior service bonus based on the fact he was MOS 09L qualified enlisting for active duty.

4.  Although the applicant agreed to enlist in the Regular Army for a period of 5 years without a bonus incentive, it would be equitable to amend paragraph 1a of his Statement for Enlistment to show he was entitled to a prior service bonus in the amount of $15,000.

5.  In view of the foregoing, DFAS should pay the applicant the $15,000 bonus in accordance with the terms of 09L prior service bonus policy at the time of his enlistment.

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 was 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 amending paragraph 1a of his Statement for Enlistment completed in conjunction with his 21 September 2010 enlistment to show he was entitled to a $15,000 prior service bonus.

2.  DFAS provide the applicant payment of the $15,000 bonus in the appropriate manner in accordance with the terms of 09L prior service bonus policy at the time of his enlistment in accordance with the above correction.

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 amending his enlistment contract to show he contracted for an ACASP enlistment incentive in the amount of $20,000.




      _______ _ 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)                                         AR20120006775



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ABCMR Record of Proceedings (cont)                                         AR20120006775



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