PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            29 April 1999                  
	DOCKET NUMBER:   AC98-11151
   AR1999014629

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Edwin S. Castle		Member	
	Ms. June Hajjar		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 that he be paid the enlistment bonus of $2,500.00 he was promised.

3.  The applicant states that his Delaware Army National Guard recruiter promised him an enlistment bonus for agreeing to be trained in military occupational specialty (MOS) 67N (Helicopter Repairer) and assigned to the 198th Medical Company (Air Ambulance).  However, when he completed all required initial entry training, his unit informed him he was not eligible due to his unit assignment.  He should have been enlisted into Company C, 2d Battalion, 126th Aviation.  He provides a statement from his recruiter acknowledging that he (the recruiter) made a mistake.  He also provides a statement from his commander stating that he has proven himself to be an outstanding soldier.

4.  The applicant’s military records show that he enlisted in the Army National Guard on 31 January 1997.  His DD Forms 1966/2 and 1966/3 and DA Form 5261-R show he enlisted specifically for a $2,500.00 cash enlistment bonus in MOS 67N in the 198th Medical Company (Air Ambulance).  On 24 January 1997, his recruiter had certified that he verified that the applicant met the eligibility requirements and that his unit of assignment or MOS was currently eligible for an enlistment cash bonus.

5.  An initial payment of a cash enlistment bonus of 50 percent of the total authorized bonus amount is made after the soldier receives his high school diploma, completes initial active duty for training and qualifies in the MOS.  Two subsequent payments of 25 percent of the total authorized bonus amount is made upon satisfactory completion of the 2d and 4th year of the enlistment term of service.

6.  In the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB).  The NGB noted that the applicant enlisted in a unit that was not bonus eligible and that the units and MOSs for bonus eligibility within the state were clearly shown on the information paper provided to the recruiters.  The NGB also noted that the recruiter failed to follow regulatory and policy guidance by failing to obtain a bonus control number for this enlistment and in failing to provide the bonus contract to the Military Entrance Processing Station.

CONCLUSIONS:

1.  The Board concludes that there was clearly government error on the part of the recruiter in this case and the applicant should not be made to pay for that error.  The records should be changed to show he enlisted for assignment to Company C, 2d Battalion, 126th Aviation, thereby making him eligible for a $2,500.00 cash enlistment bonus.  As an exception to policy, he should retain eligibility for that bonus despite his actual assignment to the 198th Medical Company.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by amending the applicant’s enlistment contract to show that he enlisted for assignment to Company C, 2d Battalion, 126th Aviation, and was thereby eligible for a $2,500.00 cash enlistment bonus.

2.  That upon the corrective action noted above being taken, as an exception to policy, the applicant be paid the first two installments of his cash enlistment bonus and that he be paid the final installment of his bonus upon satisfactory completion of the 4th year of his enlistment term of service.

BOARD VOTE:  

__AMC___  _ESC___  _JH____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ann M. Campbell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11151/AR1999014629	
SUFFIX		
RECON		
DATE BOARDED	19990429	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	112.00	
2.	128.05	
3.		
4.		
5.		
6.