RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050003251


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda 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 he be awarded an unspecified bonus to which
he was entitled for joining the U.S. Army Reserve (USAR).

2.  The applicant states that one of the many reasons he joined the Army
Reserve was to receive the bonus he was offered near the time of his
honorable discharge.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 25 November 1992.  The application submitted in this case is
dated 25 February 2005.

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 USAR under the delayed entry program on
19 June 1987 for a period of 8 years.  He enlisted in the Regular Army on
18 November 1987.  He was discharged from active duty on 1 May 1991 for the
purpose of immediate reenlistment.  He reenlisted on 2 May 1991.

4.  On 21 November 1991, the applicant completed a DA Form 5691-R-E
(Request for Reserve Component Assignment Orders) for enlistment in the
USAR at the completion of his active service.  His DA Form 5691-R-E shows
he was authorized an Affiliation Bonus.  In conjunction with his
entitlement to the Affiliation Bonus, he acknowledged that he would serve
in the Selected Reserve for the remaining period of his statutory military
service obligation (MSO) and would serve satisfactorily, as prescribed by
Army National Guard or USAR regulations, for the remaining period of his
obligation.  He signed the document under Section VIII (Statement of
Understanding) agreeing to all the promises and agreements concerning the
Affiliation Bonus.

5.  Section VI (Termination) on the DA Form 5691-R-E states that his
entitlement to the Affiliation Bonus would be terminated if he was released
for Unsatisfactory Participation under the provisions of Army Regulation
135-91 before completion of his statutory MSO.

6.  The applicant was released from active duty on 30 November 1991 and was
transferred to Headquarters and Headquarters Company (HHC), 314th Military
Intelligence Battalion on the following date.  His DD Form 214 shows his
Reserve obligation termination date as 18 June 1995.

7.  Headquarters, 123rd United States Army Reserve Command Orders 197-08,
dated 25 November 1992 reassigned the applicant from HHC, 314th Military
Intelligence Battalion to the USAR Control Group (Reinforcement) effective
on 25 November 1992 by reason of being an unsatisfactory participant.

8.  The applicant was honorably discharged from the USAR on 16 January
1996.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant requested enlistment in the USAR to be
effective on the date following his release from active service on 30
November 1991.  He acknowledged on the DA Form 5691-R-E that his
entitlement to the Affiliation Bonus would be terminated if he was
separated for Unsatisfactory Participation prior to completion of his
statutory MSO.

2.  Orders show the applicant was reassigned to the USAR Control Group
(Reinforcement) effective 25 November 1992 for Unsatisfactory
Participation.  At that time, he was no longer entitled to the Affiliation
Bonus.  Therefore, there is no basis for granting the applicant's request
for award of the bonus.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 November 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 24 November 1995.  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

JV______  CM______  LB______  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.




                                  James Vick____________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003251                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |112.1100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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