RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 March 2007 DOCKET NUMBER: AR20070000168 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. Gerard W. Schwartz Director Ms. Joyce A. Wright Analyst The following members, a quorum, were present: Mr. William F. Crain Chairperson Mr. Edward E. Montgomery Member Ms. Rea M. Nuppenau Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, that he be paid the enlistment bonuses that he was entitled to such as: Option 173 in the amount of $2,000.00; College First in the amount of $3,000.00; and a HIGRAD bonus in the amount of $6,000.00. 2. The applicant also requests, in effect, that he be paid the Seasonal Bonus for infantry; although he does not know the amount of this bonus. 3. The applicant states, in effect, that after working with MEPS (Military Entrance Processing Station) and filing his paperwork, it was found that because of glitches in the request system, at the time of his enlistment, GRC incentives were not populated into the annexes. While his enlistment counselor tried to handprint the incentives on his reservation, they still were not entered correctly into the system. He has exhausted all means at his disposal and MEPS has requested he appeal to this Board for a correction. 4. The applicant provides a copy of his enlistment contract in support of his request. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show that he enlisted in the Regular Army on 12 March 2004, for 3 years and 16 weeks, in pay grade E-3, in military occupational specialty (MOS), 11X, Infantry Recruit. He is currently serving on active duty in the pay grade of E-4. 2. The applicant's DD Form 1966/1 (Record of Military Processing-Armed Forces of the United States) shows that he enlisted for, in addition to the U. S. Army Training Enlistment Program, the MGIB (Montgomery GI Bill), with no enlistment bonus, for 3 years, with completion of 2 years of college. Page 3, of his DD Form 1966, indicates that his degree credentials were verified by his recruiter on 12 March 2004. 3. In the processing of this case, an advisory opinion was requested of the Chief, Incentives and Budget Branch, Enlisted Accessions Division, U.S. Army Human Resources Command (AHRC)-Alexandria. 4. On 12 February 2007, AHRC-Alexandria, provided the Board an advisory opinion. The Chief, AHRC stated that the applicant alleges that he is entitled to enlistment bonuses under the HIGRAD authority (based on civilian education), a seasonal bonus, and a conventional $2,000.00 enlistment bonus for MOS 11X, and a $3,000.00 College First enlistment bonus. AHRC states that the applicant enlisted in the Active Army on 12 March 2004, for a period of 3 years and 16 weeks, in MOS 11X. 5. A review of the bonus message in effect when the applicant enlisted shows the following: a $2,000.00 bonus was in effect for MOS 11X for a 3 year enlistment. A $6,000.00 bonus was in effect for education in excess of 60 semester hours of college. No bonus was in effect for the College First program, with the exception of the aforementioned $2,000.00 enlistment for MOS 11X. A seasonal bonus was in effect at the time in the amount of $2,000.00. 6. Additionally, the Chief, AHRC states that Army policy concerning bonuses in existence at the time of the Soldier's enlistment was a maximum of $6,000 in all combined bonus benefits for a 3 year enlistment in the Army. As stated, the Soldier enlisted for 3 years and 16 weeks, which is treated as a 3 year contract (3 years plus length of training). As a result, the Soldier is capped at $6,000.00 in total bonuses. AHRC recommended that the Board find in favor of the applicant's request for a total bonus payment of $6,000.00, the maximum bonus allowed for a 3 year enlistment on 12 March 2004. 7. The applicant was provided a copy of the favorable opinion for possible comment prior to consideration of this case. The applicant was provided 15 days to submit matters on his behalf. The applicant failed to respond within the time allotted. DISCUSSION AND CONCLUSIONS: 1. The evidence shows that on the date of his enlistment, the applicant qualified for a $2,000.00 bonus which was in effect for a 3 year enlistment in MOS 11X; a $6,000.00 bonus that existed for education in excess of 60 semester hours of college-level studies; and a seasonal bonus that was in effect at the time in the amount of $2,000.00. 2. The evidence further shows that at the time of the applicant’s enlistment, there was no bonus available to the applicant under the College First Program, with the exception of the aforementioned enlistment bonus in the amount of $2,000 for MOS 11X. 3. In the advisory opinion, the Chief, AHRC stated that Army policy concerning bonuses, as it existed at the time of the Soldier's enlistment, capped all combined bonus benefits at $6,000.00 for a 3 year enlistment in the Army. The applicant enlisted for 3 years and 16 weeks, which is treated as a 3 year contract (3 years plus length of training). Therefore, the applicant is entitled to available bonuses not to exceed $6,000.00. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF __rn____ ___EM___ ___WFC GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he is entitled to a total bonus payment of $6,000.00 which was the maximum allowed for a 3 year enlistment. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that approves payment in excess of $6,000.00. ____William F. Crain______ CHAIRPERSON INDEX CASE ID AR20070000168 SUFFIX RECON YYYYMMDD DATE BOARDED 20070308 TYPE OF DISCHARGE DATE OF DISCHARGE active duty DISCHARGE AUTHORITY AR . . . . . DISCHARGE REASON BOARD DECISION GRANT REVIEW AUTHORITY ISSUES 1. 112 2. 3. 4. 5. 6.