PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            20 February 2003
	DOCKET NUMBER:   AR2002078187

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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 she be paid the $2,000 enlistment bonus she contracted for but never received.

3.  The applicant states that she enlisted for a $2,000 military occupational specialty (MOS) enlistment bonus and never received it.  She further states that she attempted to get the bonus but never received any explanation as to why she could not receive it.

4.  The applicant’s military records show that she enlisted in the United States Army Reserve (USAR) on 14 August 1984, for a period of eight years, training in MOS 71D, a $2,000 MOS enlistment bonus and entry in the Loan Repayment Program.  At the time of her enlistment, she was enlisted for a USAR unit (HHD, 2/362/2(BT), 91st Div (Tng) in Santa Rosa, California.  She completed her training and was returned to her USAR unit, where she remained for the duration of her service.  She was honorably discharged from the USAR on 13 August 1992. 

5.  A review of her military pay records shows that on 8 December 1986, the Reserve Pay office at Fort Douglas, Utah, rejected a pay transaction to pay the applicant her enlistment bonus.  The comments contained on the rejection notice indicates that the applicant was in a unit that was not bonus qualified.

CONCLUSIONS:

1.  The applicant was enlisted in a specific unit for an enlistment bonus in MOS 71D.  She served in that unit for the duration of her service in the MOS in which she contracted.  Accordingly, the Board finds that she satisfied the terms of her contract and deserves to receive her bonus.

2.  While the applicant's unit may not have been entitled to enlist persons for a bonus in the MOS the applicant enlisted for, she would not have known this at the time she entered into a contract with the Department.  It was incumbent on the Department to ensure that it could fulfill the terms of the contract or to release her from her contract.  There is no evidence in the available records to show that such was the case.

3.  Accordingly, the Board finds that it would be in the interest of justice to pay the applicant her enlistment bonus of $2,000 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 individual concerned her $2,000 enlistment bonus as an exception to policy.

BOARD VOTE:  

__alr____  ___jhl ___  ___le ___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Joann H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AR2002078187	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/20	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  297	128.1400/enl bonus	
2.		
3.		
4.		
5.		
6.