MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            10 February 2000                  
	DOCKET NUMBER:   AR1999026332

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

	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James P. Steuve		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  That he be paid an initial enlistment bonus of $12,000.

APPLICANT STATES:  That he enlisted in the Army for the following options; station of choice, school loan repayment program, and a $12,000 cash bonus for enlisting in Career Management Field (CMF) 11 (Infantry), Military Occupation Specialty (MOS) 11X10.  While in basic training, he was told that because of his educational background, he would be better suited in another field and changed his CMF to 91 (Medical), MOS 91B10.  He states that he was assured that he was still eligible for the loan repayment program and the $12,000 enlistment bonus.  In support of his application, he provides a copy of his DA Forms 4/1 and 4/3, Enlistment/Reenlistment Document; a copy of DA Form 3286-59, Annex A to his DA Form 4/1, dated 22 October 1997; a copy of DA Form 3286-63 dated 13 November 1997; a copy of DA Form 3286-66 dated 5 November 1997; and a copy of DA Form 3286-67, dated 22 October 1997.

EVIDENCE OF RECORD:  The applicant's military records show:

He graduated from the University of Notre Dame with a degree in biochemistry and enlisted in the Regular Army for 4 years via the delayed enlistment program on 22 October 1997.  He entered on active duty on 6 November 1997.

The applicant’s enlistment contract shows that he enlisted for Programs 9B, the US Army Station/Command/Unit Area Enlistment Program (Hawaii), and 9C, the US Army Incentive Enlistment Program (Cash Bonus and Student Loan Repayment Program).  He chose CMF 11 and MOS 11X10, which afforded him a cash bonus of $12,000.  These documents were signed on 22 October 1997.

Following his entry on active duty, the applicant initiated DA Form 3286-63, Statement for Enlistment – United States Army Training Enlistment Program, on 13 November 1997.  This document changed his CMF from 11 to 91 and his MOS to 91B10, Medical Specialist.  In doing so, it states that he received no guarantee of assignment, nor any assurance that he would, or would not be assigned overseas.  The final paragraph of the form states:  “I have read and understand the statements above and that these statements are intended to constitute ALL promises and guarantees whatsoever concerning my enlistment.  No other (verbal or otherwise) promise or representation not annexed to my enlistment contract is valid or will be honored.  I hereby state that I have NOT been promised anything other than what is written on this form and hereby waive any claim based upon any promise or representation not annexed to my contract.  I further state than (sic) I have provided my recruiter and guidance counselor all information concerning my qualifications and that no official in the US Army or any other agency has advised me to conceal, nor have I concealed information in connection with my enlistment.”

Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army (RA) and the U.S. Army Reserve (USAR).  It also prescribes policies and instruction on administration of the Enlistment Bonus (EB) Program. The EB is an enlistment incentive offered to those enlisting in the Regular Army for duty in a specific MOS.  The objective of the bonus is to increase the number of enlistments in MOSs that are critical and have inadequate first-term manning levels.  Periodically, the Department of the Army analyzes manpower requirements and recruiting objectives to ensure that the EB Program supports planned goals.  Additions to and deletions from the list of bonus MOSs are made and the dollar award for each bonus MOS may be changed on the basis of this analysis.  The regulation also provides that after a person enters the Army, the enlistment commitment or a portion of it may be waived in writing.  It states, in pertinent part, that enlistees with commitments for training and duty in a specific MOS or CMF, assignment to a specific unit, and the enlistment bonus (EB) may not waive the training without waiving the EB.

In the processing of this case, an advisory opinion (COPY ATTACHED) was obtained from the US Total Army Personnel Command (PERSCOM).  The opinion states that MOS 11X10 carried a $12,000 EB, but that MOS 91B10 carried no EB.  It recommends that the applicant’s request be denied.  The applicant was provided a copy of the PERSCOM opinion for rebuttal.  He stated that he was advised in basic training at Fort Benning, Georgia, that his educational background in biochemistry better suited him for a medical or chemical MOS.  He stated that the advising personnel at Fort Benning assured him that he would only be forfeiting his assignment location (Hawaii) by changing MOS, not his EB or the loan repayment program.  Later, when he arrived at his first duty station at Fort Campbell, Kentucky, he was told that he would not receive his EB.  He thinks the Army should honor its commitment to him.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The applicant initially enlisted for an MOS that carried a $12,000 EB.  While at Fort Benning for basic training, he changed his MOS to one that did not carry an EB.  The document that the applicant signed to change his choice of MOS only promised training in MOS 91B10, Medical Specialist, and a 4-year enlistment; it said nothing about an EB.  In signing this document, the applicant acknowledged that he understood that no other promises were being made and that no statements, verbal or otherwise, not attached to the document would be honored.

2.  The Army uses EBs to entice enlistees to enter understrength, critical MOSs.  The applicant moved from MOS (11X10) with a $12,000 EB to an MOS (91B10) that had no EB.  There is nothing in writing to show that the Army agreed to allow him to retain his Infantry EB while training and serving in a medical MOS.  Local Fort Benning officials were not authorized to modify the EB Program by making such a promise.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__VBC__  __JPS__  __KLW___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026332	
SUFFIX		
RECON		
DATE BOARDED	20000210	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	112.0000	
2.	128.0500	
3.		
4.		
5.		
6.