IN THE CASE OF:	  

		BOARD DATE:	  18 February 2009

		DOCKET NUMBER:  AR20080017585 


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 a reenlistment bonus.

2.  The applicant states, in effect, that she never received a reenlistment bonus which she believes she was due based on her military service.

3.  The applicant provides enlistment/extension records and several documents from her record 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 record contains an Army National Guard (ARNG) Retirement Points History Statement that shows she entered military service on 16 September 1974 and served in various active statuses in both the Regular Army (RA) and in the Reserve Components through 8 September 2002.

3.  The applicant's record shows that she initially enlisted in the Women's Army Corps of the United States Army Reserve (USAR) for 3 years on 16 September 1974.  The DD Form 4 (Enlistment Contract – Armed Forces of the United States) prepared for her initial enlistment shows no bonus authorization.

4.  On 3 April 1975, the applicant entered active duty for training.  She served on active duty for 3 months and 24 days until being honorably released from active duty and returned to her USAR unit on 26 July 1975.

5.  On 28 November 1975, the applicant entered active duty in the RA.  Her record is void of a complete enlistment record, but does contain a partial DD Form 1966 (Record of Military Processing – Armed Forces of the United States) enlistment document which appears to have been completed during her RA enlistment processing.  It shows she enlisted for the station of choice option for military occupational specialty 71G (Medical Records Specialist) at Fort Sam Houston, Texas.  It contains no other enlistment options or bonus authorization.

6.  On 17 July 1979, the applicant was honorably discharged from the RA in the rank of specialist five after completing 3 years, 7 months, and 20 days of active military service.

7.  The applicant's record shows that after a break in service, she enlisted in the ARNG on 10 October 1979.  There is no enlistment contract for this enlistment on file in her record and there is no record or information on file related to the authorization of a bonus in conjunction with this enlistment.

8.  On 19 September 1990, the applicant extended her ARNG enlistment of 10 October 1979 for 1 year.  The DA Form 4836 (Oath of Extension of Enlistment/Reenlistment) prepared for this action shows this was the fourth extension of this enlistment and that the applicant's new expiration of term of service (ETS) was established as 9 October 1990.  No bonus was authorized with this extension.

9.  On 14 April 1996, the applicant extended her ARNG enlistment for an additional 6 years.  The DA Form 4836 prepared for this action shows this was the fifth extension of the enlistment and that the applicant's new ETS was established as 9 October 2002.  No bonus was authorized with this extension.

10.  On 21 November 1997, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (20-year letter) by the Office of the Adjutant General of the State of California.  This notification informed the applicant that she had completed the required service and was eligible to receive retired pay at age 60 upon application.

11.  On 8 September 2002, the applicant was honorably discharged from the ARNG in the rank of sergeant first class and transferred to Retired Reserve.  The NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) she was issued at the time shows she completed a total of 25 years, 8 months, and 10 days of military service for retired pay purposes.

12.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs.  Paragraph 1-4 outlines the policy regarding incentives and states, in pertinent part, that the Secretary of the Army authorizes the use of the incentives, which serve as an extraordinary measure to assist the ARNG and USAR in meeting and sustaining manpower requirements.  Paragraph 1-6 contains guidance on retroactive authorization for incentives and states, in pertinent part, that retroactive entitlement is not authorized. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she never received a bonus and should have was carefully considered.  However, there is insufficient evidence to support this claim.

2.  Enlistment and reenlistment bonuses are authorized based on the existing need at the time the contract is entered into.  By regulation, retroactive entitlement to bonuses/incentives is not authorized.  In this case, there are no enlistment or reenlistment contracts on file or provided by the applicant that authorized her to receive an enlistment or reenlistment bonus at the time she entered into those contracts.  As a result, absent any evidence indicating she was authorized a bonus she never received, and given there are no regulatory provisions for retroactive authorization for bonuses, there is an insufficient evidentiary basis to support granting the requested relief.

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 any new evidence or argument 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)                                         AR20080017585



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ABCMR Record of Proceedings (cont)                                         AR20080017585



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