RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            22 August 2006
      DOCKET NUMBER:   AR20060000774


      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. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 paid a Variable Reenlistment Bonus
(VRB) in the amount of $8,500.

2.  The applicant states, in effect, that he should have received a VRB in
the amount of $8,500 for the additional 4 years he served; however, to date
he has not received any compensation for his time.  He also states that a
review of his pay records will confirm that he did not receive a VRB.

3.  The applicant provides copies of his reports of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 7 November 1970.  The application submitted in this case was
received on 19 January 2006.

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 Regular Army on 18 January 1965 for a
period of 3 years and training in the automotive career management field.
He successfully completed his training at Fort Knox, Kentucky, and Fort
Benning, Georgia and was transferred to Germany on 19 July 1965, for duty
as a track vehicle mechanic.  He was advanced to the pay grade of E-4 on 13
May 1966.

4.  On 17 November 1966, he reenlisted for a period of 4 years and a
military occupational specialty (MOS) producing school.  He indicated in
block 37 of his enlistment contract (DD Form 4) that no other promises had
been made to him.  His discharge and reenlistment orders indicate under
“VRB”, the entry “NA” (not applicable).

5.  Although not explained in the available record, the applicant was
medically evacuated (medivaced) to a hospital at Fort Belvoir, Virginia on
23 February 1967.  He remained at Fort Belvoir until 5 April 1967, when he
was transferred to a training brigade unit at Fort Leonard Wood, Missouri.
He was hospitalized at Fort Leonard Wood on 16 April 1968 and on 7 November
1968, he was medivaced to Fitzsimmons General Hospital, Denver Colorado.
He remained at Fitzsimmons until 27 January 1969, when he was transferred
to Fort Bragg, North Carolina.

6.  On 26 January 1970, he was transferred to Germany, where he remained
until he was returned to Fort Dix, New Jersey, and was honorably released
from active duty (REFRAD) on 7 November 1970, as an early overseas
returnee.  He had served 3 years, 11 months and 21 days of active service
during his current enlistment for a total of 5 years, 9 months and 20 days
of total active service.

7.  A review of his official records fails to show any indication that he
was authorized a VRB or that he was promised one.

8.  The VRB Program was established in the Act of August 21, 1965, Public
Law 89-132.  It permitted the payment of a maximum of $8,000 for personnel
having a critical military skill and who was reenlisting for the first
time.  The VRB Program was terminated by the Armed Forces Enlisted
Personnel Bonus Revision Act of 1974, Public Law 93-277,88. and was
replaced by the Selective Reenlistment Bonus (SRB) Program which at the
time had a ceiling of $15,000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should have been paid a VRB of
$8,500 has been noted and found to be without merit.  The applicant did not
have a contract for payment of a VRB and he has failed to show through the
evidence submitted with his application or the evidence of record that he
was entitled to receive a VRB.

2.  Additionally, at the time the applicant reenlisted, the maximum amount
a Soldier could receive under the VRB Program was $8,000.  Therefore,
absent evidence to show that he was entitled to receive a VRB, there
appears to be no basis to grant his request some 35 years after the fact
without proof of an entitlement.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 6 November 1973.  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

____LS__  ___JM __  ___JP___  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.




                                  _____Linda Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000774                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19701107                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |288/VRB                                 |
|1.128.0500              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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