IN THE CASE OF:	  

		BOARD DATE:  2 July 2013

		DOCKET NUMBER:  AR20130004470 


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 receipt of her early entry bonus.

2.  The applicant states:

* she enlisted in the U.S. Army Delayed Entry Program (DEP) as a high school senior
* both her Deferred Entry Bonus (DEB) and military occupational specialty (MOS) bonus were listed on her contract
* only the MOS bonus specified a dollar amount ($10,000.00)
* after graduation she reported for active duty
* she has been trying since she enlisted to collect her early entry bonus in the amount of $8,000.00

3.  The applicant provides:

* self-authored statement
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DA Form 3286 – Annex A (Statement for Enlistment – U.S. Army Enlistment Program/U.S. Army DEP)
* DA Form 3286 – Annex B (Statement for Enlistment – U.S. Army Enlistment Program)
* supporting statement



CONSIDERATION OF EVIDENCE:
1.  The applicant's records contain a DD Form 4 which shows she enlisted in the U.S. Army Reserve under the DEP on 30 November 2007.  She subsequently enlisted in the Regular Army for a period of 6 years on 29 July 2008.  This document also shows she initialed this item and that both she and the U.S. Army Guidance Counselor affixed their signatures to the form.

2.  The applicant's records contain a DA Form 3286 – Annex A, dated 30 November 2007, which shows she enlisted in the U.S. Army Reserve Control Group (Delayed Entry) for the following:

	a.  Option 9A – U.S. Army Training Enlistment Program,

	b.  Option 9C – U.S. Army Incentive Enlistment Program (U.S. Army Senior Delayed Ship Bonus),

	c.  MOS 25B (Information Systems Operator-Analyst), and

	d.  an MOS bonus of $10,000.00.

3.  The applicant's records contain a DA Form 3286 – Annex B, dated 29 July 2008, which shows she enlisted for the following:

	a.  Option 9A – U.S. Army Training Enlistment Program,

	b.  Option 9C – U.S. Army Incentive Enlistment Program (U.S. Army Senior Delayed Ship Bonus),

	c.  MOS 25B (Information Systems Operator-Analyst),

	d.  a MOS bonus of $10,000.00, and

	e.  a term of enlistment of 6 years and 0 weeks.

4.  The applicant provides four email messages, dated 27 March 2013 to 2 January 2013, wherein her legal assistance officer attempted to contact her 
recruiter in order have her enlistment contract corrected so she could obtain her early entry bonus.

5.  The applicant provides a statement from the Chief, Legal Assistance, Fort Polk, LA, dated 22 February 2013, wherein he states he was unsuccessful in his attempts to help the applicant obtain her delayed entry bonus.

6.  An advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, dated 25 March 2013, in the processing of this case.  The advisory opinion stated the applicant was requesting payment of a Delayed Ship Bonus (DEB) based on her enlistment in the DEP on 30 November 2007 with an active duty date of 29 July 2008.  She entered the DEP as a high school senior on 30 November 2007 and entered active duty in MOS 25B for a period of 6 years.  The DEB (Option 502) was listed on the contract; an MOS bonus was not actually listed in the contract with the DEB.

7.  The advisory opinion concludes by stating that in accordance with Headquarters, Department of the Army, Deputy Chief of Staff, G-1, Enlisted Incentive Program effective 30 November 2007, the DEB is tabulated at $1,000.00 for each month or partial month in the DEP and an additional $1,000.00 for graduating from high school.  The total bonus computes at $9,000.00 (9 full or partial months in the DEP) plus $1,000.00.  MOS 25B also had a $5,000.00 MOS bonus when the Soldier entered the DEP.  Total payments should have been $15,000.00.  The Soldier's contract erroneously shows $10,000.00.  The first installment of the bonus ($10,000.00) was payable at the Soldier's first permanent duty station upon completion of MOS training.  She has already been paid the first $10,000.00 installment.  The G-1 recommends granting her partial relief and paying her the additional $5,000.00 that has not yet been paid.

8.  On 26 March 2013, the applicant was provided a copy of the advisory opinion in order to have the opportunity to reply to its contents.  She did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to receive a delayed enlistment and MOS bonus totaling $18,000.00 because she enlisted in the U.S. Army with a 6-year obligation under the DEP for critical MOS 25B.

2.  The evidence of record shows that an administrative error was made during preparation of the applicant's enlistment contract which resulted in non-payment of a portion of the enlistment bonus.  The entire enlistment bonus was not annotated on the applicant's enlistment contract.

3.  The applicant was entitled to an enlistment bonus of $15,000.00 – $10,000.00 for DEB and $5,000.00 for her MOS – based on her enlistment date, time in service, and service component.  However, she was only paid the first installment of $10,000.00.  Therefore, the applicant is entitled to an additional $5,000.00 enlistment bonus.

4.  The advisory opinion confirms that the applicant was entitled to an additional $5,000.00 bonus as a result of the terms of her enlistment contract.

5.  In view of the facts of this case, it appears the applicant entered into an erroneous contract with the Army based on the failure of recruiting personnel to properly annotate the enlistment bonus.  Given the error on the part of government officials during the applicant's enlistment processing, it would be appropriate to rectify the resultant injustice by granting the requested relief at this time.  Therefore, the applicant is entitled to additional bonus payment of $5,000.00.

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 is 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 showing that the applicant is entitled to payment of the additional $5,000.00 enlistment (MOS) bonus and paying her said bonus.

2.  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 correcting her records to show award of a total bonus amount of $18,000.00.



      _______ _  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)                                         AR20130004470



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ABCMR Record of Proceedings (cont)                                         AR20130004470



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