IN THE CASE OF:	  

		BOARD DATE:	  26 June 2015

		DOCKET NUMBER:  AR20140014555 


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 (EB).

2.  The applicant states he was never paid the EB he contracted for when he enlisted in the Army.

3.  The applicant provides:

* DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 14 February 2005
* Statement for Enlistment, United States Army Enlistment Program, U.S. Army Delayed Enlistment Program (DEP), dated 14 February 2005
* DD Form 4/3, dated 3 March 2005
* Statement for Enlistment, United States Army Enlistment Program, dated 
3 March 2005
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 15 August 2008
* a letter, dated (date unreadable) July 2014, from Defense Finance and Accounting Service (DFAS), Indianapolis, IN
* DD Form DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* Enlisted Record Brief
* Orders dated 18 September 2011 and 26 October 2012


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 14 February 2005, he enlisted in the Army Reserve DEP.  His Statement for Enlistment provides:

	a.  Paragraph 2 stated upon enlistment into the Regular Army he would be enlisted under the provisions of the:

		(1)  United States Army Training Enlistment Program.

		(2)  United States Army Incentive Enlistment Program (US ARMY SEASONAL BONUS (HIGH PRIORITY SEAT), IIIB).

		(3)  He was assured of attending the school course within the career management field (CMF) for 11X Infantry Recruit

	b.  Paragraph 3b stated he understood he would be trained in either military occupational specialty (MOS) 11B (Infantryman), 11C (Indirect Fire Infantryman), or 11M (Fighting Vehicle Infantryman).

	c.  Paragraph 3c stated he acknowledged that he was qualified and enlisting for an MOS or CMF that had a cash bonus and that the bonus amount authorized on his enlistment into the Regular Army would be the amount authorized upon his entry into the DEP.  He understood the bonus for his CMF or MOS was $10,000.

3.  On 3 March 2005, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded MOS 11B.  His Statement for Enlistment provides:

	a.  Paragraph 1 stated he was enlisting for the:
		(1)  United States Army Training Enlistment Program.

		(2)  United States Army Incentive Enlistment Program (US ARMY SEASONAL BONUS (HIGH PRIORITY SEAT), IIIB).

		(3)  He was assured of attending the school course within the career management field (CMF) for 11X Infantry Recruit

	b.  Paragraph 1c stated he understood he would be trained in either MOS 11B, 11C, or 11M.

	c.  Paragraph 1g stated his term of enlistment in the Regular Army was 
3 years and 19 weeks.

	d.  Paragraph 2 stated he acknowledged and understood that under the U.S. Army Cash Bonus incentive the bonus amount was $10,000.

4.  On 15 August 2008, he was honorably released from active duty.  He completed 3 years and 5 months of active service.  His DD Form 214 shows he held MOS 11B for 2 years and 11 months.  He served in Iraq from 31 October 2006 to 15 January 2008.

5.  In July 2014, DFAS-Indianapolis returned his claim for his bonus without action.  DFAS stated they did not have access to the documents to determine whether he met all the requirements to qualify for his bonus.  DFAS did not have the authority to decide if the requirements were met even with all the supporting documents.  DFAS referred the applicant to the ABCMR.

6.  On 29 September 2014, an advisory opinion was received from the Department of the Army, Office of the Deputy Chief of Staff G-1.  The Reserve Incentives Program Manager recommended granting the applicant's request for full payment of his $10,000 EB.  He reviewed the applicant's records and found no reason or explanation as to why the applicant never received his authorized EB.

7.  Section XXIV (Enlistment Bonus) of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), then in effect, prescribed policies and instruction on administration of the Enlistment Bonus Program.

	a.  Paragraph 5-98 (Objectives of the EB) stated the EB was an enlistment incentive offered to those enlisting in the Regular Army for duty in a specific MOS.  The objective of the bonus was to increase the number of enlistments in MOSs that were critical and had inadequate first-term manning levels. 
	b.  Paragraph 5-100 (Entitlement) stated entitlement to the bonus would accrue on successful completion of training and award of a designated MOS.  A Soldier who enlisted through the DEP was entitled to the bonus in effect on the date of entry on active duty.  Any increase or decrease in the award level made after enlistment in the DEP, or after enlistment on active duty when there is no enlistment in the DEP, would not increase or decrease the Soldier’s entitlement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he never received his EB.

2.  The applicant contracted for a $10,000 EB for enlisting in an 11 series MOS.  He was awarded MOS 11B.  He deployed to a combat zone and completed his enlistment in MOS 11B.  His 3 years and 5 months of active service was characterized as honorable.  Therefore, he completed the terms of his contract for the $10,000 EB.  In spite of fulfilling the terms of his contract, it appears he was not paid his EB.  

3.  In view of the above, it would be equitable to correct his records by preparing an appropriate document confirming he met all requirements for his EB and paying him the $10,000 EB.

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 preparing an appropriate document confirming he met all requirements for a $10,000 EB and paying him the $10,000 EB he enlisted for on 3 March 2005.



      ____________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)                                         AR20140014555



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ABCMR Record of Proceedings (cont)                                         AR20140014555



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