IN THE CASE OF:
BOARD DATE:
DOCKET NUMBER: AR20080005721
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that he be paid his $3,000 enlistment bonus.
2. The applicant states, in effect, he never received his enlistment bonus. He
filed the paperwork while he was in the 1st Cavalry Division and still did not receive his bonus. He first turned in his paperwork to his S-2 office approximately 1 year before he was scheduled to get out of the Army. After he did not receive his bonus, he resubmitted his paperwork. This time he took it to the 1st Cavalry Division Headquarters. This was after he had voluntarily extended. After his stop loss (or involuntary extension) was lifted, he again attempted to receive his bonus. His bonus was supposed to be direct deposited to his account along with his last pay check, but never was.
3. The applicant provides a copy of his DD Form 4 (Enlistment/Reenlistment Document) and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.
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 applicants 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 applicants 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 military records show that he enlisted in the United States Army Reserve (USAR) on 6 June 2001, for 8 years. He enlisted in the Regular Army (RA) on 19 June 2001, for 2 years, in military occupational specialty (MOS), 19K (M1 Abrams Armor Crewman).
3. Item 32a (Specific Option/Program Enlisted For), of the applicant's DD Form 1996/3 (Record of Military Processing-Armed Forces of the United States), dated 6 June 2001, shows that he enlisted for 2 years for a cash bonus of $3,000.00.
4. Item 11 (Incentive Information), of the applicant's USAREC (United States Army Recruiting Command) 1150-R-E, dated 6 June 2001, shows that he enlisted for an Army cash bonus in accordance with HQDA (Headquarters Department of the Army) Message 241532Z May 2001 for MOS 19K for 2 years.
5. The applicants DA Form 3286-59 (Statement of Enlistment/United States Army Enlistment Program/US Army Delayed Enlistment Program), dated 6 June 2001, shows that he enlisted for 2 years for a cash bonus, in MOS 19K10, M1 Abrams Armor Crewman, for $3,000.00.
6. The applicant was promoted to pay grade E-4 effective 1 January 2003. He served until he was honorably released from active duty on 30 November 2003 in pay grade E-4.
7. In the processing of this case, an advisory opinion was requested of the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G1.
8. An advisory opinion was provided on 13 May 2008. The Chief, Incentives and Budget Branch, G1, stated that in viewing the applicants case, the applicant entered the Armys Delayed Entry Program on 6 June 2001 and active duty on 19 June 2001. He enlisted for 2 years in MOS 19K. His contract shows that he was entitled to a $3,000 bonus and this entry was substantiated by HQDA Enlisted Incentives Message, dated 29 May 2001. The applicant contends that he was
never paid the bonus during his active duty which ended honorably on 12 May 2003
(sic should read 30 November 2003). The Chief, Incentives and Budget Branch, G1, recommended that the applicant be paid a $3,000 enlistment bonus as listed on his contract.
9. The opinion was forwarded to the applicant for his acknowledgement on 13 May 2008 and he concurred with the opinion on 11 July 2008.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows that the applicant enlisted in the RA on 19 June 2002 for 2 years in MOS 19K. His contract shows that he was entitled to be paid a cash bonus in the amount of $3,000.00. His entitlement was substantiated by HQDA Enlisted Incentives Message, dated 29 May 2001. He served until he was honorably released from active duty on 30 November 2003; however, he was not paid an enlistment bonus while he served on active duty. The applicant now requests to be paid his bonus.
2. The Chief, Incentives and Budget Branch, G-1, reviewed the applicants case and recommended that he be paid the $3,000.00 Enlistment Bonus as listed on his contract.
3. In view of the foregoing, the applicants records should be corrected as recommended below.
BOARD VOTE:
___x____ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected to show he was erroneously denied the $3,000.00 enlistment bonus and paying to him the full amount of his $3,000.00 enlistment bonus.
________x______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080005721
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ABCMR Record of Proceedings (cont) AR20080005721
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