IN THE CASE OF:	  

		BOARD DATE:	  2 April 2009

		DOCKET NUMBER:  AR20080017011


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, payment of an enlistment bonus for Fixed Wing Repairer training and an additional 1-year service obligation.

2.  The applicant states, in effect, that after 6 days of prior service, he reenlisted for an additional year of service to go to the Fixed Wing Repairer Course.  He states that because he never received the training he reenlisted for, he should be given a reenlistment bonus for the additional year he served.

3.  The applicant provides the following documents in support of his application:  DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 26 October 1966 and 24 October 1969; DD Form 4 (Enlistment Record – Armed Forces of the United States), dated 27 October 1966; and United States Senate Letter, dated 16 September 2008.

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 military record shows that he was initially inducted into the Army of the United States and entered active duty on 21 October 1966 for a 
2-year period.  On 26 October 1966, he was honorably discharged from the Army for the purpose of immediate enlistment in the Regular Army (RA) after completing 6 days of active military service.

3.  The applicant’s military personnel record jacket (MPRJ) contains a 3AA Form 291 (Statement of Understanding Regarding Assignment, Housing, and Oversea Transportation for Dependents) which includes an entry in Part I that shows a guarantee of technical school training will be entered in item 13 of the DD Form 4.

4.  Part II of the 3AA Form 291 includes the applicant’s hand written entry, "I understand that this enlistment in the RA does not entitle me to a reenlistment bonus, payment for travel not made, nor payment for accrued leave," and he authenticated this document with his signature.  It also includes the entry, 
"551-76D2O ORD SUPPLY SQN 10-124A ENL-3YRS."

5.  The DD Form 4 shows that the applicant enlisted in the RA for a 3-year period.  Item 13 (Initial Assignment) contains an entry which shows that he was to report to training in military occupational specialty (MOS) 76D (Ordnance Supply Specialist) on 6 January 1967.

6.  The applicant’s record shows he enlisted in the RA and entered active duty on 27 October 1966.  He was trained in, awarded, and served in MOS 76D.

7.  On 17 August 1967, Headquarters Company, 6th Battalion, 32d Armor Regiment, issued Unit Orders Number 70 which show that the applicant was promoted to the rank of specialist four (SP4/E-4) in MOS 76D.

8.  On 3 November 1968, Headquarters, 9th Infantry Division, issued Special Orders Number 300 which announced the applicant’s promotion to sergeant (SGT/E-5) in MOS 76Y (Supply Sergeant).

9.  The applicant’s DA Form 20 (Enlisted Qualification Record) contains an entry in item 22 (Military Occupational Specialties) which shows the applicant was assigned primary MOS 76Y on 1 October 1968.

10.  On 24 October 1969, the applicant was honorably released from active duty by reason of expiration of term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement).  The DD Form 214 issued to him at that time confirms in item 23a (Specialty Number and Title) that he held MOS 76Y.  It also shows he completed 3 years and 4 days active military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be paid an enlistment bonus for the additional year of service completed as a result of his 27 October 1966 RA enlistment for Fixed Wing Repairer training because he did not receive this training as promised has been carefully considered.  There is insufficient evidence to support this claim.

2.  The evidence of record confirms that the applicant was guaranteed training in MOS 76D at the time of his enlistment that resulted in a 3-year service obligation as evidenced in his 3AA Form 291 and his DD Form 4.  The evidence also confirms that the applicant held and served in the MOS 76D, the MOS that he enlisted for, as evidenced by the entries contained on his DA Form 20 and in his SP4 promotion orders.

3.  The evidence of record fails to contain any documents to show the applicant enlisted for Fixed Wing Repairer training.  It does confirm the applicant indicated in writing that he was not promised or entitled to an enlistment bonus during his enlistment process as evidenced on the 3AA Form 291.  Absent any evidence to confirm that the applicant was authorized an enlistment bonus during his enlistment process, there is no basis upon which to grant the requested relief in this case.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  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.



      _________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)                                         AR20080017011



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ABCMR Record of Proceedings (cont)                                         AR20080017011



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