| Mr. | Chairperson | ||
| Mr. | Member | ||
| Mr. | Member |
| Mr. | Loren G. Harrell | Director | |
| Analyst |
APPLICANT REQUESTS: A military enlistment bonus. He states in effect, he enlisted in the Regular Army during the Nixon Administration for the purposes of receiving a bonus. He also states he assumed he would be financially compensated for his discharge upgrade.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 6 July 1973 for 3 years. His enlistment contract shows he enlisted for assignment to VII Corps, USAREUR, and training in MOS 63C20, Truck Vehicle Mechanic. He did not enlist for a bonus.
During his service he received a special court-martial conviction and nonjudicial punishment under Article 15, UCMJ, on several occasions of AWOL and misconduct.
On 23 December 1975, after having been advised by counsel concerning charges against him for his trial by court-martial, and its effects, and of the rights available to him, the applicant requested that he be discharged for the Good of the Service pursuant to Chapter 10, Army Regulation (AR) 635-200, in lieu of trial by court-martial. A statement was submitted by the applicant in connection with his request for discharge.
Approval of the applicant’s request for discharge was recommended by his immediate and intermediate commanders, who further recommended that he be given an Undesirable Discharge.
On 31 December 1975, the discharge authority approved the applicant’s request and directed that he be discharged for the Good of the Service under the provisions of Chapter 10, AR 635-200, with an UD. The applicant was discharged accordingly on 9 January 1976.
The applicant requested and was granted an upgrade from UD to Honorable on 6 June 1980 by the Army Discharge Review Board. He was advised of the upgrade on 8 July 1980, and that he may apply to the Army Finance and Accounting Center for any monetary benefits to which he may be entitled to by virtue of the change in his discharge.
The applicant’s request for an enlistment bonus was denied by the Army Reserve Personnel Center (RCPAC) on 15 May 1989. He was advised at the time that although he received an upgrade from UD to Honorable on
6 June 1980 that does entitle him to an enlistment bonus. Any enlistment bonus the applicant may have been entitled to was forfeited at the time of his actual discharge 9 January 1976. He was also advised that there was no information concerning impeachment of any president.
AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after changes have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time of the applicant’s separation the regulation provided for the issuance of a UD.
Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 9 January 1976 , the date of his discharge. The time for the applicant to file a request for correction of any error or injustice expired on 9 January 1979.
The application is dated 6 April 1996 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
Loren G. Harrell
Director
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