PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            17 August 2000
	DOCKET NUMBER:   AR2000038899

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, in effect, that his date of enlistment be changed from 7 October 1999 to 30 September 1999. 

3.  The applicant states, in effect, that his enlistment was needlessly delayed and he was unable to meet the enlistment deadline required to receive an enlistment bonus.  He claims that recruiting personnel were unconcerned about the situation and that he had completed his pre-entry physical examination and his enlistment paperwork by 30 September 1999, but the actual enlistment was delayed until 
7 October 1999.

4.  The applicant’s military records show that on 24 September 1999, he underwent an entrance physical examination which resulted in his being declared medically qualified for entrance into the Army.  On 7 October 1999, he enlisted in the United Sates Army Reserve, under the terms of the delayed entry program, and on 2 November 1999 he entered the Regular Army for 4 years.  The applicant is still serving on active duty.

5.  During the processing of this case an advisory opinion was requested of and received from the Accession Management Branch of the Army Personnel Command (PERSCOM).  In their reply, PERSCOM officials recommended that the applicant be awarded a $6,000.00 seasonal enlistment bonus as an exception to policy.  

6.  Retention management officials also verified that the Army had authorized a seasonal bonus of $6,000.00 for enlistment in all military occupational specialties for qualified applicants who enlisted between 27 August and 30 September 1999. In review of the applicant’s case, they discovered that he had been given a verbal promise that he would receive this bonus.  In addition, they established that his enlistment was delayed beyond the bonus deadline as a result of an administrative error that was beyond his control.  Therefore, they determined that the applicant should receive the $6,000.00 bonus he was promised.  

7.  The applicant was provided a copy of the PERSCOM advisory opinion and given an opportunity to respond to its contents.  On 26 July 2000, he responded to the advisory opinion by concurring with its contents and with the recommended solution. 

CONCLUSIONS:

1.  After careful examination of the available evidence, the Board concludes that relief is warranted in this case.  However, the Board notes there are no provisions or basis for providing this relief by changing the applicant’s enlistment date.  

2.  The available evidence verifies that the applicant was verbally promised a $6,000.00 seasonal enlistment bonus and missed the bonus deadline date as a result of an administrative error, through no fault of his own.  Based on these circumstances, the Board concludes that the recommended solution provided by PERSCOM in their advisory opinion is appropriate.  Therefore, the Board concludes, in the interest of justice and equity, that the applicant should be provided the $6,000.00 seasonal enlistment bonus as an exception to policy at this time.  

3.  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 showing the individual concerned is authorized the $6,000.00 seasonal enlistment bonus based on his enlistment in the Regular Army as an exception to policy and he should be provided this bonus in accordance with the payment terms of the Army enlistment bonus program.  

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

BOARD VOTE:  

___sw___  __lds____  __mm___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Sherri V. Ward______
		        CHAIRPERSON

INDEX

CASE ID	AR2000038889	
SUFFIX		
RECON		
DATE BOARDED	2000/08/17	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  227	112.0500	
2.  288	128.0500	
3.		
4.		
5.		
6.