PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  31 May 2000
	DOCKET NUMBER:   AR2000035076

	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. Carl W. S. Chun		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Stanley Kelley		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 the return of the recouped portion of his Enlistment Bonus (EB) or cancel his current period of reenlistment and allow him to separate at his original Expiration of Term of Service (ETS) on 19 September 2000.

3.  The applicant states, in effect, that on 14 June 1996, he enlisted in the Delayed Entry Program (DEP) and then in the Regular Army on 20 September 1996 for a 4 year term of service.  He received a $2000 EB.  He reenlisted early on 20 September 1999 for an additional 2 year term of service.  He was not advised by his recruiter or retention NCO that by reenlisting before his first ETS, that he would have part of his EB recouped.  At the present, he has no desire to stay past the current 2 year reenlistment period.  Had he extended his original enlistment for one more year instead of reenlisting in 1999 for 2 additional years, he would have had the same ETS as he does now, but he would not have lost part of his EB.  He believes that this circumstance is both an injustice and a hardship caused by professional Army representatives who failed to provide him with proper counseling.

4.  The applicant’s military records show that he enlisted in the Regular Army on 20 September 1996 for a 4 year term of service.  He was authorized a $2000 EB according to the DA Form 3286-59, U.S. Army Delayed Enlistment Program, which was signed by an enlistment guidance counselor.  Prior to the end of the applicant’s first term of enlistment, he reenlisted on 20 September 1999 for a new 2 year term of service.  He reenlisted for the benefit of the current station stabilization option.  His 31 October 1999 Leave and Earnings Statement (LES) shows that $509.60 EB (labeled SEB on the LES) was collected from the applicant’s pay.

5.  The Retention Management Division, U.S. Total Army Personnel Command, reviewed the applicant’s request and gave an advisory opinion that since the soldier served the time on which the enlistment bonus was originally paid, that it would be an injustice not to pay the applicant the entire enlistment bonus.  The applicant concurred with this advisory opinion.

CONCLUSIONS:

1.  The applicant should be paid the full $2000 EB since he in fact served the full 4 years for which the EB was authorized.  Therefore, the part of the EB collected back from the applicant should be refunded to him.

2.  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, as an exception, for the individual concerned, by refunding to him the EB (SEB) collected from his pay to provide him the full $2000 EB originally authorized.

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

BOARD VOTE:  

___JV___  __JI___  ___SK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___ James E. Vick ____
		        CHAIRPERSON

INDEX

CASE ID	AR2000035076	
SUFFIX		
RECON		
DATE BOARDED	20000531	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.