RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  20 November 2007
	DOCKET NUMBER:  AR20070009342 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. Eric N. Anderson

Chairperson

Mr. Donald L. Lewy

Member

Ms. Rea M. Nuppenau

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 payment of an enlistment bonus in conjunction with her enlistment for military occupational specialty (MOS) 94B (Food Service Specialist).

2.  The applicant states that she never received her bonus.  

3.  The applicant provides a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 June 1981; an undated self-authored letter; and a copy of DD Form 1966/6 and 1966/7 (Annexes to Enlistment/Reenlistment Document), in support of her application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show that she enlisted in the U.S. Army Reserve (USAR) for a period of 6 years in pay grade E-1 on 23 June 1980.  Her DD Form 1966/6 shows the following entry in Item 38 [I am interested in the following military skills; I fully understand that I will not be guaranteed any specific military skills or assignment to a geographical area unless it is included in Section VI of this form and in my DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) and attached annexes or if my recruiter listed it in Item 37 above]:

	"Headquarters and Headquarters Detachment, 1st Battalion, 
	95th Regiment, 4th Brigade, One Station Unit Training (OSUT)
	MOS 94B, Bonus, Split Training."

3.  Item 42j (Specific Option/Program Enlisted For) of Section VI (Enlistment Options Accepted) of the DD Form 1966/7 shows the applicant enlisted for:
	"Headquarters, 4013th U.S. Army Garrison, 300 Miller Road
	Bossier City, Louisiana, 71112, Unit Identification Code 
	(UIC) W8MFAA; Alternate Training Program in accordance
	with Army Regulation 140-111 (U.S. Army Reserve Enlistment
	Program)."

4.  Item 10c of Section B (Agreements) of the DD Form 4, initialed by the applicant, shows that the agreements in this section and the attached annex(es) were all the promises made to the applicant by the Government and that anything else anyone promised the applicant was not valid and would not be honored.

5.  The applicant's records show that she attended basic combat training at Fort McClellan, Alabama, during the period 1 June 1981 through 14 August 1981.  The DD Form 214 she was issued confirms that she was honorably relieved from active duty for completion of her initial active duty training (IADT).

6.  On 15 April 1981, Headquarters, 90th U.S. Army Reserve Command, San Antonio, Texas, published Orders Number 057-9004-04, ordering the applicant to annual training during the period 12 July 1981 through 25 July 1981.

7.  On 13 August 1981, the applicant was issued a certificate of training certifying that she had completed "on the job training" in MOS 03C (Physical Activities Specialist), at Fort Drum, New York.

8.  On 6 March 1982, the applicant enlisted in the Louisiana Army National Guard (LAARNG) in pay grade E-2 for a period of 4 years.  Item 10b, Section B, of her DD Form 4 stated:

	"Individual enlisting for remainder of obligation of 4 years,
	3 months, and 17 days; expiration of term of service (ETS) 
	22 June 1986; enlisting for ARNG-ROTC (Reserve Officer 
	Training Corps) Simultaneous Membership Program."

9.  On 22 May 1982, U.S. Army ROTC Instructor Group, Lexington, Missouri, published Orders Number 6-1 discharging the applicant from the USAR for the purpose of accepting a commission in the U.S. Armed Forces.  She was appointed as a commissioned officer of the United States in the grade of 2nd lieutenant effective 22 August 1983. 


10.  On 22 April 1988 and in lieu of academic elimination from the Adjutant General Basic Course for consistently failing to meet physical fitness standards, the applicant requested voluntary discharge from the USAR in accordance with chapter 3 of Army Regulation 635-100 (Personnel Separations-Officer).  She was honorably discharged on 7 September 1988.

11.  In an undated self-authored statement, the applicant states that she enlisted in the USAR during her junior year of high school.  She further adds that she attended basic training in the summer of 1980 and trained at Fort Drum, New York, as a recreational specialist in the summer of 1981.  She concludes that she never received her bonus. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she is entitled to payment of an MOS bonus.

2.  Evidence of record shows that upon her initial enlistment in the USAR, the applicant did not enlist for a bonus option.  She was simply interested in a particular type of training, unit of assignment, MOS, and bonus.  The only promise made to her was the "Alternate Training Program".  There is no evidence of any promises made by her recruiter.

3.  The Alternate Training Program is a split option program for USAR enlistment only, where applicants are allowed to enlist during their junior year of high school, complete basic training during the summer break between their junior year and senior year, then go back to school to finish their senior year.  At the end of their senior year, the applicants attend advanced individual training.  There is no bonus associated with the Alternate Bonus Program.

4.  In view of the foregoing evidence, the applicant is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__ena___  __dll___  __rmn___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

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.




							Eric N. Anderson
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070009342
SUFFIX

RECON

DATE BOARDED
20071120
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
112.1100
2.

3.

4.

5.

6.