BOARD DATE: 16 June 2015
DOCKET NUMBER: AR20140018069
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 prior service enlistment bonus (PSEB).
2. The applicant states, in effect, he previously served in the Arkansas Army National Guard (ARARNG) from 1999 to 2002. He then enlisted in the Regular Army in 2002 and he was promised a bonus. Because of his multiple deployments during military service, he forgot about the bonus. He inquired many times but the issue was never resolved.
3. The applicant provides his 2002 enlistment contract with allied documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the ARARNG on 16 April 1999. He was trained in and held military occupational specialty (MOS) 92Y (Unit Supply Specialist). He was honorably discharged from the ARNG on 30 October 2002 to enlist in another component.
2. He enlisted in the Regular Army for 3 years in the rank/grade of specialist (SPC)/E-4 on 31 October 2002. Item 32 (Specific Option/Program Enlisted For, Military Skill, or Assignment to a Geographical Area Guarantee) of his DD Form 1966 (Record of Military Processing) shows he enlisted for the U.S. Army Station /Unit, Command Area Enlistment Program 92Y and a $1,000.00 Enlistment Incentive.
3. He and his recruiter also completed and authenticated:
a. A Statement of Understanding Army Policy Addendum to DD Form 1966 indicating he enlisted for a "Cash Bonus Incentive, in accordance with Headquarters, Department of the Army Message 311000Z, dated 3 June 2002 for MOS 92Y for 3 years."
b. DA Form 3286-66 (Statement of Understanding-U.S. Army Incentive Enlistment Program) that shows if the incentive was a cash bonus, he understood the amount of the bonus would be $1,000.
4. He served through two reenlistments in a variety of assignments including three tours in Iraq (May 2003 to June 2004, June 2006 to September 2007, and August 2009 to August 2010).
5. On 9 November 2014, he was placed on the temporary disability retired list by reason of temporary disability. He completed 12 years and 9 days of active service.
6. An advisory opinion was received from Headquarters, Department of the Army, Office of the Deputy Chief of Staff, G-1, on 30 October 2014, in the processing of this case. A G-1 official recommended approval. The official stated that the applicant's service in the ARNG from 1999 to 2002 placed him in the category of prior service when he enlisted in the Regular Army in October 2002. His enlistment contract supports his contention that he was promised a prior service enlistment bonus for MOS 92Y. The Army message referenced on the contract, however, does not list 92Y as a qualifying MOS for the PSEB during that timeframe. Despite the fact that a PSEB was not authorized, the applicant provided evidence that the recruiter offered a PSEB for a 3-year enlistment in the Regular Army. The applicant should be entitled to the incentive.
7. The applicant was provided with a copy of this advisory opinion but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant, a prior service enlisted member, enlisted in the Regular Army on 31 October 2002. He was promised a cash bonus in connection with this enlistment despite the fact that his MOS was not authorized a bonus. Yet, he held the MOS of 92Y, enlisted in good faith, and completed his contractual obligation for which he enlisted. He should not be penalized for administrative errors committed by his recruiter.
2. His records should be corrected to show he submitted an exception to policy to the Army G-1 for payment of this bonus and that his request was timely received, processed, and approved by the Army G-1. He should be paid the full amount of the incentive.
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 the applicant submitted an exception to policy to the Army G-1 for payment of the $1,000 PSEB described in his 2002 enlistment records
* showing the Army G-1 timely received, processed, and approved his exception to policy
* he be paid the amount of this incentive in accordance with his contract
_______ _ 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) AR20140018069
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