MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           15 February 2001                   
	DOCKET NUMBER:   AR2000044280

	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. Carl W. S. Chun		Director	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Melvin H. Meyer 		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 enlistment bonus of $3000.00.   

APPLICANT STATES:  That he was eligible for a seasonal enlistment bonus of $3000.00 based on his entry on active duty on 26 May 1999, notwithstanding the information contained on DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program), which indicates that he was not eligible for a bonus.  

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

The applicant enlisted in the Army Reserve Delayed Entry Program (DEP) for eight years on 23 January 1999.  He was discharged from the DEP upon his enlistment in the Regular Army for three years on 26 May 1999.  His                  DA Form 3286-66 shows that he enlisted for the Army College Fund (ACF) incentive program for an amount up to $33,000.00.  That form also shows that he did not enlist for a cash bonus.

Additionally, the applicant completed other enlistment documents that show that he enlisted for the ACF incentive program, and that he was promised no other monetary incentives.

A USARC (U.S. Army Recruiting Command) message dated 22 January 1999 indicates that effective on 26 January 1999 a $3,000.00 enlistment bonus was available to non prior service applicants who entered active duty between            26 January 1999 and 31 May 1999.  

A MILPER message number 99-069 indicates that the $3,000.00 bonus was available to those persons who entered active duty for a term of service of four years or more.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command which reiterated that the $3,000.00 bonus was only for those individuals who enlisted for four years or more.  That command also indicated that Title 37 of the U.S. Code prohibited the combination of two incentives at the time of his enlistment.  The applicant was furnished a copy of the advisory opinion on 5 September 2000 for his possible rebuttal.  He failed to respond.
 
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, it is concluded:

1.  The applicant is not entitled to the seasonal enlistment bonus.  He has submitted neither probative evidence nor a convincing argument in support of his request.   
2.  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 that requirement.
 
3.  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

___mkp__  ___fne___  ___mhm_  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044280	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010115	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1025	128.00	
2.	112.00	
3.		
4.		
5.		
6.