PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:            31 March 1999            
	DOCKET NUMBER:   AR1998004510

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be given a pro-rated portion of his enlistment bonus.

3.  The applicant states that although he served a total of 32 months on active duty, he did not receive any of the bonus for which he had enlisted.

4.  The applicant’s military records show that he enlisted for 5 years with no prior service in pay grade E-4 on 14 May 1993.  In conjunction with that enlistment he executed a bonus addendum for an $8,000.00 cash bonus based on the years of service and military occupational specialty he had selected.

5.  The applicant successfully completed basic combat training on 20 July 1993; he completed linguist training for Arabic Egyptian on 11 December 1994; and he completed parachute school on 11 May 1995.  He was finally assigned to a permanent unit on 2 June 1995.

6.  On 4 October 1995 the applicant accepted nonjudicial punishment (NJP) for absenting himself from his unit from 10 to 13 September 1995 with intent to avoid field exercises.  

7.  On 31 October 1995 the applicant’s commander notified him of his intent to recommend his bar to reenlistment.  The applicant did not submit any matters in his own behalf when given the opportunity to do so and, when the bar was approved, did not appeal that decision.

8.  On 6 November 1995 the applicant requested immediate separation due to his perceived inability to overcome his local bar to reenlistment.  That request was approved and the applicant was honorably released from active duty on 29 December 1995.

9.  Army regulation 601-210, Table 9-4, states that persons who do not complete their term of enlistment for which a bonus was paid because of voluntary reasons or misconduct will be required to refund the percentage of the bonus that corresponds to the unexpired part of the total enlistment period.

10.  In the processing of this case an advisory opinion was obtained from the Defense Finance and Accounting Service (DFAS).  The DFAS recommended that the applicant’s request for a pro-rated portion of his enlistment bonus be denied based on his early separation and the type of discharge he received.  The applicant was furnished a copy of this advisory opinion and given the opportunity to respond.  No response was received from the applicant.

CONCLUSIONS:

1.  A bonus payroll could not have been submitted for the applicant prior to his completion of training, award of an MOS, and assignment at a permanent duty station in June 1995.

2.  The applicant would have been flagged (suspension of favorable personnel actions) when he was pending NJP, and would have been flagged again when he requested discharge.  Those flags would have stopped the payment of any bonus installment.
3.  The advisory opinion from the DFAS has been carefully considered.  However, the Army did receive useful service (after MOS qualification) from the applicant from the date of his assignment to his unit on 2 June 1995 to the date of his discharge on 29 December 1995.  As such, it would appear fair and equitable to pay him a pro-rated portion of his bonus for that period of time.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by paying to the individual concerned a pro-rated portion of his $8,000.00 bonus for service performed from 2 June 1995 to the date of his discharge on 29 December 1995.

2.  That so much of the application as is in excess of the foregoing be denied. 

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

_CWB  __  _JHK_ __  _WTM __  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1998004510	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	108.05	
2.		
3.		
4.		
5.		
6.