PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:           17 April 2001
	DOCKET NUMBER:   AR2000049619

	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. .Walter Avery, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Melvin H. Meyer		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 records be corrected to show that he is authorized an enlistment bonus.

3.  The applicant states that an enlistment bonus was part of his enlistment contract.  Upon arrival at his unit he was told that the unit he enlisted for did not qualify him for the bonus.  Lastly, he has not been offered the opportunity to change his unit of assignment so he could qualify for the bonus.

4.  In support of his appeal the applicant submits a letter from the recruiter that enlisted him.  The recruiter stated that at the time he enlisted the applicant the Selective Reserve Incentive Program (SRIP) options were:

a.  Enlistment bonus in the amount of $5000.00 for High Priority Units for applicants with an armed forces qualification test (AFQT) of 31 or higher (the applicant’s AFQT score was 32).

b.  Enlistment bonus in the amount of $5000 for non-High Priority Units for applicants with an AFQT of 50 or higher.

The recruiter states that when requesting a control number for the applicant he mistakenly requested it for a unit that required an AFQT of 50 or higher, instead of a unit that only required an AFQT of 31.

5.  The applicant’s military records are not available.  The information herein was provided by the applicant.

6.  The applicant enlisted on 25 April 2000, into the Army National Guard (ARNG) for a period of 6 years.  He was enlisted for training in military occupational skill Bradley Fighting Vehicle (11M) and the SRIP.

7.  On 20 September 2000, the Alabama ARNG Office of the Adjutant General added payroll number 379 (the applicant’s unit) to the list of units which authorized the SRIP bonus for soldiers with an AFQT of 31 or higher.

8.  A member of the board contacted the unit concerned and verified that payroll number 379 is the unit the applicant was initially and is currently assigned.

CONCLUSIONS:

1.  The applicant’s contention that he enlisted under the belief he was eligible for a bonus is fully supported by the records available.  The Board agrees with the applicant that he made a contract in good faith with the government that he would enlist for 6 years in the ARNG, with the understanding that the government would pay him a $5000.00 bonus.  It would be unfair and unjust to the applicant if the Army did not now keep its portion of the contract as approved and prepared by its representatives.

2.  The applicant was assigned to a unit that did not qualify soldiers with an AFQT of 50 or less for the SRIP bonus.  On 20 September 2000 the same unit could qualify soldiers with an AFQT of 31 or higher.  The applicant’s AFQT score of 32 would now qualify him for the SRIP bonus.  Since the applicant fully meets the criteria of the SRIP bonus program, reassignment at this time would be an unnecessary hardship.

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 that the individual concerned is entitled to receive a SRIP enlistment bonus in the amount of $5,000.00 in MOS 11M as an exception to policy, and in accordance with the terms of his enlistment contract dated 25 April 2000.

BOARD VOTE:  

___jhk __  ___mvt_  ____mhm_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_________John H. Kern___________
		        CHAIRPERSON

INDEX

CASE ID	AR2000049619	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010417	
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. 112.11		
2.		
3.		
4.		
5.		
6.