MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           15 July 2003                   
	DOCKET NUMBER:   AR2003083899

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Eric N. Andersen		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 a bonus addendum be added to his enlistment contract.

APPLICANT STATES:  Although his unit was authorized a bonus, his recruiter failed to have him complete a bonus addendum.  He explains that he was sold on the idea of enlisting in the Army National Guard (ARNG) by the $8,000.00 cash bonus, the Montgomery G.I. Bill (MGIB), the MGIB Kicker, and college tuition.  He trusted his recruiter to complete the necessary paperwork, which the recruiter obviously did not do.

In support of his request, he submits a memorandum from his battalion commander who confirms that the applicant’s unit was a bonus unit at the time of his enlistment, and states that the recruiter may not have known about the bonus since the recruiter was not the normal recruiter for the applicant’s unit.

The applicant also submits a list of units approved for an $8,000.00 cash bonus from 1 October 2000 to 31 March 2001.  The applicant’s unit is contained on that list.

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

He enlisted in the ARNG with no prior service on 13 March 2001.  In conjunction with his enlistment, he completed a DD Form 1966/3.  The applicant signed in the blocks indicating his acceptance of the free life insurance policy and the MGIB.  One of the two blocks between them state “I understand that I am eligible for the Enlistment Cash Bonus.”

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  An enlistment bonus is an incentive, not an entitlement.  If it were an entitlement, the applicant would not be petitioning the Board.  As such, the fact that the applicant’s unit was approved for a bonus does not establish a requirement to pay him that bonus.

2.  While the applicant states that he was told by his recruiter that he would receive a bonus, he has not submitted any evidence to support his allegation.

3.  The applicant signed a form in several places which contained the block indicating that a bonus was selected.  It would appear reasonable that the applicant would have seen that block and questioned his recruiter as to why he wasn’t signing it if he was to receive a bonus.

4.  As such, it would appear that the applicant’s recruiter simply did not offer the applicant a bonus.  When the applicant later learned that he belonged to a unit which was entitled to a bonus, he submitted an application to the Board.

5.  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

__mvt___  ____fne__  ____ena_  DENY APPLICATION

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

INDEX

CASE ID	AR2003083899	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030515	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.