RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 August 2005
DOCKET NUMBER: AR20040009472
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Ms. Margaret K. Patterson | |Chairperson |
| |Mr. Ronald E. Blakely | |Member |
| |Ms. Linda M. Barker | |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 that her enlistment bonus be paid to her.
2. The applicant states she never received her enlistment bonus specified
in her enlistment contract.
3. The applicant provides no supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an alleged error or injustice
which occurred on 8 January 1986. The application submitted in this case
is dated 21 October 2004.
2. 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. This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so. In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant enlisted in the US Army Reserve (USAR) Delayed Entry
Program (DEP) for 6 years on 18 June 1982. On 6 July 1982, she was
discharged from the DEP and enlisted in the Regular Army for 3 years. She
was separated on 8 January 1986.
4. The applicant's enlistment contract – DD Form 4,
Enlistment/Reenlistment Document – with annexes, including DA Form 3286-40,
Statement for Enlistment, is contained in the record. The DA Form 3286-40
clearly states the applicant enlisted for Option H-14 (US Army
Communication Command Enlistment Option) and military occupational
specialty (MOS) 71L, Administrative Specialist. This option was not
available in combination with any other options, including Option H-17 (US
Army Cash Bonus Enlistment Option).
5. AR 601-210 (Regular Army and Army Reserve Enlistment Program), then in
effect, established the policies and procedures for the enlistment of
Soldiers. Appendix H explained all of the enlistment options then
available, and provided
that Option H-17 was the cash bonus enlistment option. Option H-14, the
applicant's enlistment option, was not an option for which a cash bonus
could be authorized.
DISCUSSION AND CONCLUSIONS:
1. The applicant did not enlist for a cash bonus; she enlisted for MOS 71L
and assignment to the US Army Communication Command.
2. There is no error or injustice in this case.
3. Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 January 1986, the date of her
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 7 January
1989. The applicant did not file within the 3-year statute of limitations
and has not provided a compelling explanation or evidence to show that it
would be in the interest of justice to excuse failure to timely file in
this case.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__mkp___ __reb___ __lmb___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice. Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.
2. As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations
prescribed by law. Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.
Margaret K. Patterson
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040009472 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050825 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.1100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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