MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 April 2001      
	DOCKET NUMBER:   AR2000050462

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm		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 awarded a $3000 Seasonal Enlistment Bonus.

APPLICANT STATES:  That he enlisted in the Army on 21 November 1998 under the delayed entry program and that he did not qualify for an enlistment bonus because he did not score high enough on the Armed Services Vocational Aptitude Battery (ASVAB) test.  However, he contends that he did meet the criteria to receive the $3000 Seasonal Bonus.  In support of his application, he submits a copy of Military Personnel (MILPER) Message Number 99-069 effective 26 January 1999; a copy of DA Form 3286-59 (Statement for Enlistment United States Army Enlistment Program U.S. Army Delayed Enlistment Program), dated 27 May 1999; and a Memorandum for Record, dated 
22 November 2000.   

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

The applicant enlisted in the USAR on 21 November 1998 under the delayed entry program.  He entered active duty on 27 May 1999 for a period of 3 years in military occupational specialty 13P (Multiple Launch Rocket System/Lance Operations Fire Direction Specialist). 

Item 16b (Aptitude Test Results/Test Score) on the applicant’s DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States) shows that the applicant’s AFQT (Armed Forces Qualification Test) percentile was 47.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), in pertinent part, indicates that AFQT 31-49 applies to Test Score –IIIB.

In the processing of this case, an advisory opinion was obtained from the Chief, Accession Management Section of the U.S. Total Army Personnel Command.  That office opined that the applicant did not qualify for the $3000 Seasonal Bonus that was announced effective 26 January 1999 in MILPER Message 
#99-069 because the applicant’s term of enlistment was for three years and a four year enlistment was required to receive the bonus.  The opinion points out that the referenced message (MILPER Message #99-026) in the application, announced the original Seasonal Bonus of $3000 in November 1998.  This bonus was available for an enlistment of three years of more; however, it also required that recruits must be in Test Score Category I-IIIA.  The applicant’s AFQT score was 47 and he was placed in Test Score Category IIIB; therefore, the applicant was unable to qualify for the bonus.  The Chief, Accession Management Section recommended disapproval of the applicant’s request to receive a $3000 Seasonal Bonus. 

On 25 January 2001 the advisory opinion was furnished to the applicant for his review and possible rebuttal.  He did not respond within the given time frame.  

Military Personnel Message NR. 99-026, dated 121605Z November 1998, authorizes a $3000 Seasonal Enlistment Bonus effective 12 November 1998 to non-prior service and days of service, GSA, Test Score Category I-IIIA applicants who enter active duty between 12 November 1998 and 31 May 1999 for a term of service of three years or more.  Soldiers currently in the delayed entry program who are scheduled to enter active duty between 12 November 1998 and 31 May 1999 are authorized the Seasonal Enlistment Bonus. 

Military Personnel Message NR. 99-069, dated 220730Z January 1999, prescribes an enlistment incentive program change for the $3000 Seasonal Enlistment Bonus.  This message states that effective 26 January 1999 a $3000 Seasonal Bonus is available to non-prior service and days of service, GSB, Test Score Category IIIB applicants who enter active duty between 26 January 1999 and 31 May 1999 for a term of service of four years of more.  Soldiers currently in the delayed entry program who are scheduled to enter active duty between 
26 January 1999 and 31 May 1999 are authorized the Seasonal Enlistment Bonus. 

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’s contention that he met the criteria to receive the $3000 Seasonal Enlistement Bonus is not valid.  Evidence of record shows that the applicant enlisted in the USAR on 21 November 1998 under the delayed entry program, had an AFQT percentile of 47, and entered active duty on 27 May 1999 for a period of 3 years.  In accordance with the governing messages, the applicant did not meet the Test Score Category or the term of service requirements to receive the $3000 Seasonal Enlistment Bonus.  Therefore, the applicant is not entitled to the $3000 Seasonal Enlistment Bonus. 

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 this 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

SVW____  GDP___  JEA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2000050462	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	112.1100	
2.		
3.		
4.		
5.		
6.