PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 November 2000
	DOCKET NUMBER:   AR2000044882

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. William D. Barr		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 he be provided a $3,000.00 seasonal enlistment bonus he was promised at the time of his enlistment in the Regular Army.

3.  The applicant states, in effect, that as of this date he has never received the $3,000.00 seasonal enlistment bonus he was promised at the time of his enlistment. He further indicates that he is now serving his country in Kosovo and only wants what he was promised and what is properly owed to him.

4.  The applicant’s military records show that on 24 August 1999, he enlisted in the Regular Army for five years and that he is still currently serving on active duty with the 108th Military Police Company, as a member of Task Force Falcon, in Kosovo.  

5.  The record contains a copy of the applicant’s Department of Defense (DD) Form 1966/6, dated 19 May 1999.  This form contains a hand-written entry that indicates that the applicant was authorized a $3,000.00 seasonal enlistment bonus in connection with his enlistment in the Army.  In addition, the record contains a United States Army Recruiting Command (USAREC) Addendum to the DD Form 1966, dated 22 February 1999, which confirms that the applicant was authorized this seasonal enlistment bonus in connection with his enlistment. 

6.  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 $3,000.00 seasonal enlistment bonus.

7.  Retention management officials also verified that the Army had authorized the applicant a seasonal enlistment bonus of $3,000.00 as an exception to policy in connection with his enlistment in the Regular Army.  In addition, they establish that the applicant had not received this bonus due to an administrative error made by an Army Guidance Counselor who failed to prepare the proper form  while preparing the applicant’s enlistment packet.  Finally they opined that it would be an injustice to deny the applicant the bonus he was promised at the time of his enlistment.  

8.  On 1 August 2000, the applicant was provided a copy of the PERSCOM advisory opinion and given an opportunity to respond to its contents.  On 
20 October 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.  The evidence or record shows that the applicant was promised a $3,000.00 seasonal enlistment bonus and that his not receiving this bonus was due to an administrative error, in the preparation of his enlistment packet, on the part of recruiting officials.   

2.  Given the circumstances outlined in the preceding paragraph, the Board concludes that the recommended solution provided by PERSCOM in their advisory opinion is appropriate.  Therefore, in the interest of justice and equity, the Board finds it would be appropriate to provide the applicant the $3,000.00 seasonal enlistment bonus at this time.  

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

BOARD VOTE:  

__tsk ___  ___wdb__  ____fe __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______Fred Eichorn _____
		        CHAIRPERSON

INDEX

CASE ID	AR2000044882	
SUFFIX		
RECON		
DATE BOARDED	2000/11/02	
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.  1025	112.1100	
2.		
3.		
4.		
5.		
6.