RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060002531


      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. Edmund P. Mercanti            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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 she be paid her reenlistment bonus.

2.  The applicant states that even though she was given a bonus control
number with her reenlistment, payment was never made.

3.  The applicant provides a copy of her reenlistment contract with bonus
addendum and a copy of a memorandum, dated 28 June 2001.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 September 1997.  The application submitted in this case is
dated 26 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’s records show that, while a specialist assigned to an
Army Reserve Troop Program Unit (TPU), she extended her 12 June 1989 8-year
enlistment for 1 year, giving her a new expiration of term of service (ETS)
of 11 June 1998.

4.  The applicant was promoted to sergeant and reenlisted for 6 years on
17 September 1997.  In conjunction with that reenlistment she completed an
addendum for a $2,500 cash bonus.

5.  On 28 June 2001 the officer in charge of the applicant’s unit submitted
a request to allow the applicant to execute an antedated reenlistment.  In
that request the officer in charge stated that the applicant was not
eligible to reenlist



on 17 September 1997 since she was not within 90 days of 11 June 1998,
which was her ETS based on her 1-year extension of her enlistment.  There
is no record of any action being taken on that request.

6.  On 2 July 2003, the applicant was commissioned as a second lieutenant,
USAR, and she was promoted to first lieutenant on 8 September 2005.

7.  Army Regulation 140-111, U.S. Army Reserve Reenlistment Program, Table
2-3, states that Soldiers assigned to TPU’s can reenlist within 3 months of
their enlistment or reenlistment.  However, Soldiers may reenlist at any
time prior to the completion of an extension of an enlistment or
reenlistment.

8.  Army Regulation 135-7, Incentive Programs, paragraph 4-2a, states that
a Soldier with less than 6 years total military service at current ETS, who
reenlists or extends for a period of 6 years, within 3 months before or 24
hours after the termination of a statutory military service obligation or
within 3 months before or 24 hours after completion of a Selected Reserve
contractual obligation, whichever is earlier, is entitled to a bonus of
$2,500.

DISCUSSION AND CONCLUSIONS:

1.  Since the applicant was serving on an extension of her enlistment, she
was eligible to reenlist at any time.

2.  When she reenlisted she was not within 3 months of her ETS.  As such,
she was not eligible for a bonus.

3.  The memorandum requesting that the applicant be authorized to execute
an antedated reenlistment from the officer in charge of the applicant’s
unit, and the lack of response to that memorandum, has been carefully
considered.  In view of the circumstances of this case, it must be presumed
that the officer in charge was told that the request was inappropriate
since the applicant was eligible to reenlist at any time during the
extension of her enlistment.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 September 1997; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 16 September 1997.  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

___klw___  ___sjs __  ___tmr___  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.




                                  ________Kenneth L. Wright________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002531                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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