MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            16 November 2000
	DOCKET NUMBER:   AR2000046429

	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. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. James E. Anderholm		Member	
	Ms. Martha E. Schuler		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:  In effect, that she be provided a $4,000.00 seasonal enlistment bonus. 

APPLICANT STATES:  In effect, on 5 October 1999, a $4,000.00 seasonal enlistment bonus was authorized for members enlisting in her military occupational specialty (MOS).  She indicates that when she enlisted in the delayed entry program (DEP), on 28 May 1999, the bonus was not authorized but since she remained in the DEP until 6 October 1999, when she left for active duty, she should receive the bonus.  

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

On 28 May 1999, the applicant enlisted in the United States Army Reserve (USAR) for 8 years and was placed into the DEP.  On 7 October 1999, she was discharged from the DEP and accepted for enlistment in the Regular Army for 
4 years.  

The applicant’s enlistment contract and related documents show that she enlisted for option 9A (United States Army Training Enlistment Program) for training in MOS 73C (Finance Specialist).  There is no language in her enlistment contract nor any indication in the applicant’s enlistment packet that she was authorized a seasonal enlistment bonus in connection with either her entry into the DEP or on active duty.

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 indicated that the $4,000.00 seasonal enlistment bonus became effective 1 October 1999 for new contract recruits who entered active duty on 6 October 1999.  However, while the applicant entered active duty on 6 October 1999, her contract was written on 28 May 1999 when she enlisted in the USAR and entered the DEP.  

PERSCOM officials point out in their opinion that no bonus was in effect for the applicant’s MOS when she entered into her contract.  The seasonal bonus in question was announced in Military Personnel (MILPER) Message (Msg) 00-03, dated 30 September 1999.  The policy outlined in this MILPER Msg specified that persons currently in the DEP would not be eligible for the new bonuses.  Thus, they recommended that the applicant’s request be disapproved.  On 10 October 2000, the applicant was provided a copy of the PERSCOM advisory opinion and given the opportunity to rebut its contents, to date she has 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(s), it is concluded:

1.  The Board noted the applicant’s contention that she should receive a $4,000.00 seasonal enlistment bonus.  However, after a careful review of the evidence, the Board finds this claim lacks merit.

2.  The evidence of record confirms that the applicant entered into a DEP contract on 28 May 1999 and that her enlistment contract contained no language pertaining to the authorization of an enlistment bonus of any kind.  Further, the seasonal enlistment bonus in question was not in effect at that time she entered into her contract and the published bonus policy specified that members in the DEP at the time the bonus was authorized would not be entitled to receive the seasonal enlistment bonus in question.  

3.  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 this requirement.

4.  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

___ja ___  ___mes _  __wtm___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046429	
SUFFIX		
RECON		
DATE BOARDED	2000/11/16	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  1025	112.1100	
2.		
3.		
4.		
5.		
6.