PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           10 October 2001
	DOCKET NUMBER:   AR2001057146

	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. Luther L. Santiful		Chairperson	
	Mr. Charles Gainor		Member	
	Mr. Joe R. Schroeder		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 paid the $3,000 seasonal enlistment bonus he was promised in his enlistment contract. 

3.  The applicant states, in effect, that after several attempts he has failed to be successful in obtaining the seasonal enlistment bonus promised to him in his enlistment contract and would like the Board to correct this injustice. 

4.  The applicant’s military records show that on 6 April 1999 he enlisted in the Army for 3 years.  His enlistment contract and related documents show that he enlisted for option 9D (United States Army Officer/Warrant Officer Enlistment Program) for training in military occupational specialty (MOS) 09W (Warrant Officer Flight Training).  

5.  Annex D (Statement of Understanding United States Army Incentive Enlistment Program-DA Form 3286-66) of the applicant’s enlistment contract contains an entry that indicates the applicant would receive a cash bonus of $3,000 and would be paid in accordance with Department of the Army (DA) instructions. 

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 approval of the applicant’s request to receive a $3,000 seasonal bonus as an exception to policy.  They indicate that a $3,000.00 seasonal enlistment bonus became effective 12 November 1998 for new recruits who entered active duty by 31 May 1999 for a term of service of 3 or more years.  The seasonal bonus was authorized for all MOSs and the applicant’s enlistment MOS of 09W was included based on it being in the recruiting inventory at the time.  Subsequently, the authorization for a seasonal bonus with MOS 09W was removed because it was never the intent to offer it to officer candidates.  However, given the applicant’s enlistment contract clearly authorized the bonus, PERSCOM officials recommend these contract terms be honored and the applicant be paid the bonus as an exception to policy.  The applicant was provided a copy of this opinion in order to be provided the opportunity to respond and on 21 September 2001, he replied with his concurrence. 

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should receive a $3,000 seasonal enlistment bonus and finds this claim has merit.  As confirmed in the PERSCOM advisory opinion, the applicant was promised a $3,000 bonus that was included in his enlistment contract.  

2.  The evidence of record clearly shows that Annex D of the applicant’s enlistment contract contained an Army commitment to pay the applicant a $3,000 bonus in connection with his enlistment in MOS 09W.  

3.  Notwithstanding the fact it was never the intent of the Army to pay this bonus to officer candidates and that bonus authorization has subsequently been removed from the applicant’s MOS, the Board finds relief is warranted in the interest of justice and equity.  Thus, the Board concludes that it would be appropriate to honor the contractual commitment made by the Army to pay the applicant a $3,000 seasonal enlistment bonus under the terms of his enlistment contract as an exception to policy. 

4.  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 the applicant the $3,000 seasonal enlistment bonus under the terms of his original enlistment contract as an exception to policy. 

BOARD VOTE:  

__LLS___  __MDM_  __JRS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Luther L. Santiful_____
		        CHAIRPERSON

INDEX

CASE ID	AR2001057146	
SUFFIX		
RECON		
DATE BOARDED	2001/10/10	
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.