IN THE CASE OF:  	  

		BOARD DATE:  11 December 2014	  

		DOCKET NUMBER:  AR20140007600 


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 payment of his enlistment bonus.

2.  The applicant states that based on the initial enlistment contract he signed he was entitled to a $10,000 enlistment bonus upon his completion of advanced individual training (AIT).  Right after he graduated from AIT and until the end of his military career he submitted his documents many times to receive that bonus.  He was given the run around by many people in both his unit and civilian personnel who worked in finance.  Finally he just gave up on chasing it and focused his time on getting into college and getting out of the Army.  It was a major factor in his decision to leave the military.  Since he has been out of the Army he has been in touch with several different agencies, including his former finance office, myPay, and out of service claims.  None have been any help in addressing this issue.

3.  He states his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was paid his bonus in May 2010.  However, that is incorrect.  He does not have access to his Leave and Earnings Statement from that time since he is now out of the service, but he is sure that the Defense Finance and Accounting Service (DFAS) still has that information on file.  He knows of several other Soldiers still in the military who did not receive their bonuses so he believes that somehow the paperwork gets lost somewhere in finance.  Most of them, he believes, just give up because they have a lot more to worry about.  But this is still a breach of a contract, and if he owed the Army $10,000 it would have been taken care of a long, long time ago.  He served 4 years without seeing a negative counseling statement.  He worked hard and gave his best.  He just expects the Army to fulfill its obligation to him.

4.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document) with 3 pages from 
Annex B
* military occupational specialty (MOS) orders
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  On 27 May 2009, the applicant enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP).  He was discharged from the DEP and enlisted in the Regular Army (RA) on 13 October 2009. 

2.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed when he enlisted shows in item 32a (Specific Option/Program Enlisted for) he enlisted for 4 years and 21 weeks and training in MOS 13F (Fire Support Specialist).  It further shows he did so in accordance with Army Regulation 601-210, chapter 9, table 9-1, Program 9A, U.S. Army Training Enlistment Program.  It does not show an enlistment bonus amount.

3.  Section VI (Remarks), item 26 of the DD Form 1966 states he enlisted for a cash bonus in accordance with Headquarters, Department of the Army Message DAPE-MPA, dated 1 May 2009.

4.  A DA Form 3286 (Annex B) completed in connection with his enlistment states in paragraph 2 that his cash bonus amount was $10,000 in accordance with Headquarters, Department of the Army Message DAPE-MPA, Enlisted Incentive Program, effective 1 May 2009.  It states that initial payment of his bonus would be paid upon completion of MOS training and arrival at his first duty station.  The remaining bonus amount would be paid in equal annual anniversary payments across the remainder of the enlistment term. 

5.  After completing AIT, he was awarded MOS 13F.  Additional instructions on the MOS orders state "cash bonus enlistment option table 9-9, Army Regulation 601-210 (Active and Reserve Components Enlistment Program)."  His record shows he served in that MOS throughout his service in the RA.  

6.  His DD Form 214 shows he was released from active duty on 7 January 2014 after completing 4 years, 2 months, and 25 days of active military service.  

7.  On 21 May 2014, the Office of the Deputy Chief of Staff, G-1, provided an advisory opinion.  The advisory official confirmed the applicant was to be paid a $10,000 enlistment bonus for his enlistment in MOS 13F for 4 years, which he served successfully.  Item 18 (Remarks) of his DD Form 214 states, "Enlistment bonus paid:  $10,000."  However, the applicant contends he had never received a bonus and had attempted to conduct pay inquiries while in the Army, but could never resolve the issue.  He stated that a review by DFAS of the applicant's accounting back to his entry on active duty in 2009 could not find any evidence to support that the applicant received a bonus.  Therefore, item 18 of his DD Form 214 is apparently incorrect since he did not receive a bonus at separation.  He recommended granting relief and paying the applicant the $10,000 enlistment bonus.

8.  The applicant was provided a copy of the advisory opinion for his comment.  He stated that he had no additional comments.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant's request to be paid his enlistment bonus.

2.  The available documentation shows he enlisted for 4 years and 21 weeks, training in MOS 13F, and a $10,000 enlistment bonus.  Evidence shows he fulfilled the terms of his enlistment contract.  Though his DD Form 214 shows he was paid a bonus in May 2010, evidence shows that he was not paid the bonus he was entitled to.  

3.  In view of the foregoing, he should be paid his $10,000 enlistment bonus.

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 showing that he applied for payment of his $10,000 enlistment bonus in a timely manner, that his application for payment was accepted by DFAS, and by paying him the $10,000 enlistment 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)                                         AR20140007600



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ABCMR Record of Proceedings (cont)                                         AR20140007600



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