PROCEEDINGS

	IN THE CASE OF:        

	BOARD DATE:           13 March 2001                  
	DOCKET NUMBER:   AR2000045261

	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. Kenneth H. Aucock 		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Donald P. Hupman		Member	
	Mr. John T. Meixell		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 payment of an enlistment bonus.

3.  The applicant states that upon his enlistment in December 1998 as a laundry and bath specialist, MOS (Military Occupational Specialty) 57E, he was promised a $3000.00 enlistment bonus by a recruiter, because the specialty was a high priority MOS.  His decision to enlist was based upon that promise.  He never received the bonus.  Other members of his unit were promised the bonus, but never received it.  Ultimately, they were told to request an exception to policy.  A request for exception submitted by one soldier was not approved.  The Chief of the Enlisted Accessions Division at Department of the Army (DA) suggested requesting relief from this Board.  No one has contested that the money was promised and not paid.  He has not received a denial of a request for exception on his behalf; however, the exception would not have been approved because the MOS was not on the list of those approved [for a bonus] by DA.  Based on his contract, he requests payment of the promised bonus. 

4.  The applicant’s military records show that he enlisted in the Army Reserve on 28 December 1998.  DA Form 5261-R (Selected Reserve Incentive Program – Enlistment Bonus Addendum) indicates that he enlisted for MOS 57E for assignment to a high priority unit authorized by HQDA for a bonus entitlement in an MOS that was also authorized by HQDA for a bonus entitlement.  The bonus was for $3,000.00. 

5.  In an endorsement to the Army Reserve Command the Chief of the Enlisted Accessions Division at DA stated that it could not approve a request for an exception to policy concerning a soldier who enlisted for MOS 57E, in that neither the MOS nor the unit of assignment was authorized an incentive.  That official indicated that the soldier should apply to this Board for relief.   

6.  In response to an inquiry from an official in the Army Reserve Command Inspector General’s office, an official in the Enlisted Accessions Division stated that they could not approve the 57E exception because the specialty was not on the list approved by the Assistant Secretary of the Army, that he had made the Army Board for Correction of Military Records aware of the issue, and that the Army Reserve overtly forgot to include the skill on the list request that was approved by the Assistant Secretary of the Army.  He stated that the ABCMR would certainly take care of those soldiers when requested and if appropriate documentation was provided.  He stated that if he could get the requests approved, he would.

CONCLUSIONS:

1.  The evidence shows that the applicant enlisted in the Army Reserve under the assumption that he would receive a $3,000.00 enlistment bonus, as indicated in his enlisted contract.  Consequently, and as an exception to policy, the applicant should receive that promised bonus.

2.  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 paying to the applicant, as an exception to policy, the $3,000.00 that he was promised when he enlisted in the Army Reserve on 28 December 1998.

BOARD VOTE:  

___jtm___  ___jh___  ___dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000045261	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010313	
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.  288	112.04	
2.		
3.		
4.		
5.		
6.