PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  16 March 2000
	DOCKET NUMBER:   AR1999029205

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Christopher J. Prosser		Member	
	Mr. Orville W. Troesch		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 authorized payment of the full cash bonus for his enlistment on 25 August 1997.

3.  The applicant states that he was guaranteed $12,000 when he completed infantry training in military occupational specialty (MOS) 11B.  He has since been medically reclassified and understands that he may only receive half of his bonus.

4.  The applicant’s military records show that he originally enlisted in the Delayed entry Program (DEP) on 22 June 1996 for later active duty of three years and training as an infantryman.  It appears from the available enlistment documents that the enlistment bonus available to him at the time was $2,000.

5.  The results of several physical examinations for the purpose of enlistment found him disqualified.  A request for medical waiver was submitted and on 25 August 1997 the waiver was approved.

6.  A DA Form 3286-59, dated 11 august 1997 and marked ANNEX A, indicates that his enlistment was renegotiated for a period of 4 years active duty starting in grade E-3.  The cash bonus amount shown on this form appears to be altered from $12,000 to $2,000 and does not contain the applicant’s initials as called for.

7.  The DD Form 4/3 was executed on 25 August 1997 and shows that he was now enlisting for four years in grade E-3 and that ANNEX A has been replaced with ANNEXES C and D.

8.  A Reverse of DA Form 3286-63, dated 25 August 1997, is signed by the applicant and marked ANNEX C but the front side of the form is missing.  The front side of the form would show what skill (infantry) he was enlisting for and the term (four years) of his enlistment.

9.  A DA Form 3286-66, dated 25 August 1997, shows the term of his enlistment as four years with a cash bonus incentive.  The bonus amount has been altered and appears to have been changed from $12,000 to $2,000.  The applicant’s initials do not appear by the altered amount or the altered message number announcing the bonus amount.  The reverse side of this form is marked 
ANNEX D.

10.  The applicant submits a copy of a computerized document, dated 16 June 1997 that congratulates the applicant for his approved four year enlistment in the infantry.  The document shows his authorized bonus amount as $12,000 and is signed by the guidance counselor and senior guidance counselor.

11.  The applicant completed infantry training on 9 November 1997 and was assigned to Fort Campbell, Kentucky.  On 29 September 1998 a MOS Medical Retention Board (MMRB) recommended that the applicant be reclassified because he could not physically perform the full range of duties expected of an infantryman.  The commanding general of the division approved the recommendation but the approval document is not dated.

12.  On 7 December 1998 the Total Army Personnel Command (PERSCOM) approved the reclassification of the applicant from MOS 11B TO MOS 88N, transportation specialist.  His training in transportation was scheduled for 2 April with expected completion on 17 May 1999.  The effective date of the reclassification action was 7 December 1998.

13.  In the processing of this case an advisory opinion was obtained from the PERSCOM.  The opinion noted that the regulatory authority, AR 601-280, provides that enlistment bonus will be determined based on enlistment in the DEP not the date of entry on active duty.  They recommend denial of the request. The advisory opinion was provided to the applicant for possible rebuttal but no response was received within the established time limit.

14.  Army Regulation 601-210 provides the policy for Regular Army enlistment.  It states that entitlement to a bonus for a soldier who enlists through the DEP will be the bonus in effect on the date of entry on active duty.  However, the regulation goes on to say that any increase in bonus amount made after enlistment in the DEP will not increase the soldier’s entitlement.

15.  The regulation also provides for the method of payment of bonus entitlements.  The lump sum award level at the time of his entry on active duty was $7,000 which was to be paid on arrival at his first duty station after completion of infantry training.  The remaining $5,000 would be paid in four equal installments of $1,250 every three months following the initial lump sum payment.

CONCLUSIONS:

1.  Notwithstanding the advisory opinion from the PERSCOM, there is sufficient evidence of record, and that submitted by the applicant, that his enlistment contract was renegotiated with a $12,000 bonus for a four year enlistment and corrected to $2,000 without the required acknowledgement by the applicant.

2.  Although the applicant was medically reclassified outside of his bonus MOS it was through no fault of his own and he continues to serve on active duty to fulfill his original active duty commitment.

3.  The applicant would have received $7,000 before taxes on arrival at his first duty station after completion of infantry training and payments of $1,250 before taxes every three months thereafter for the next twelve months for a total of $12,000.  The Board finds no applicable policy dealing with recoupment in this case except the total amount authorized by these proceedings will be reduced by the amount of any initial enlistment bonus payments he has already received.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the individual concerned was authorized an initial enlistment bonus of $12,000 for his 25 August 1997 enlistment in the Regular Army; and

	b.  paying him the full entitlement of his enlistment bonus less applicable taxes and any bonus funds already distributed to him.

BOARD VOTE:  

__JP___  __CP__  ___OT___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ Jennifer L. Prater __
		        CHAIRPERSON

INDEX

CASE ID	AR1999029205	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000316	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.