IN THE CASE OF:	  

		BOARD DATE:	  16 June 2009

		DOCKET NUMBER:  AR20080020061 


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 prior-service enlistment bonus (PSEB) for her 2004 enlistment in the United States Army Reserve.

2.  The applicant states, in effect, that military occupational specialty (MOS) entries were omitted from her current DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 December 2007.  She contends that her DD Form 214 should show MOS 91C (Practical Nurse), 91A (Medical Specialist), and 63G (Fuel and Electrical Repairman) because they were on her NGB Form 22 (Report of Separation and Record of Service) in the Texas Army National Guard effective 1 February 1990.  She contends that the omission of these MOSs resulted in her not receiving a PSEB on her enlistment in the United States Army Reserve on 30 November 2004.  She further contends that the Department of the Army stated she should have been awarded MOS 68WM6 after her submission of an Article 138 complaint against her commander with subsequent promotion to sergeant, pay grade E-5, and a $15,000.00 enlistment bonus.

3.  The applicant provides copies of her NGB Form 22, effective 1 February 1990; her 29 September 2006 request for an enlistment bonus as an exception to policy; temporary change of station orders; promotion packet for consideration to sergeant, pay grade E-5; and two folders labeled "91W-M6 Skills Evaluation Active Duty" containing numerous documents, including statements of work, military and civilian position descriptions, performance standards, and required certifications and licenses 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.  On 29 May 1974, the applicant enlisted in the United States Air Force.  She was awarded a primary specialty of Apprentice Aircraft Fuel Systems Mechanic.  On 18 January 1975, she was discharged with an honorable characterization of service.  She had attained the rank of airman first class, pay grade E-3, and had completed 7 months and 20 days of creditable active duty service.

3.  Her NGB Form 22, effective 1 February 1990, shows the following:

   a.  that on 19 March 1987, the applicant enlisted in the Texas Army National Guard in the rank of specialist, pay grade E-4;
   
   b.  that on 6 August 1986, the applicant was awarded MOS 91A and 91C;
   
   c.  that on 13 February 1987, the applicant was awarded MOS 63G;
   
   d.  that on 1 February 1990, the applicant was discharged from the Texas Army National Guard without actual notice because her whereabouts were unknown.   She was transferred to the United States Army Reserve Control Group (Reinforcement) for completion of her 3 years, 1 month, and 17 days of military service obligation.

4.  Item 18 (Appointments and Reductions) and item 35 (Record of Assignments) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) show that she enlisted in the United States Army Reserve on 30 November 2004 in the rank of specialist, pay grade E-4.  Her primary MOS was established as 91W1M6 (Emergency Combat Medical Specialist).  This record does not indicate any current qualification in any other MOS.  [NOTE:  MOS series 91 was subsequently renumbered as 68.]

5.  On 4 November 2005, the applicant was ordered to active duty as a member of the United States Army Reserve for the purpose of attending the Health Care Specialist Course.  She completed this program of training in March 2006 and was released from active duty and transferred to the United States Army Hospital in Houston, Texas.  She had completed 4 months and 17 days of active duty for training.

6.  On 29 September 2006, the applicant requested as an exception to policy that she receive a 6-year PSEB.  The applicant's commander stated that she was authorized this bonus at the time of her 30 November 2004 enlistment but was not offered it due to an administrative error.  The commander recommended approval of the request.  There is no available record of the final action on this request.

7.  On 8 October 2006, the applicant was ordered to active duty as a member of the United States Army Reserve in support of Operation Enduring Freedom.  She served in Afghanistan during the period from 8 January 2007 to 1 December 2007.

8.  On 13 December 2007, the applicant was discharged from the United States Army [all components] under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12c, due to the commission of a serious offense.  She was reduced to private, pay grade E-1, and had completed 1 year, 2 months, and 6 days of creditable active duty during this period of service.

9.  Item 11 (Primary Specialty) of her DD Form 214 for the period ending on 13 December 2007 shows 68W1O (Health Care Specialist), 1 year and 2 months.

10.  On 17 December 2008, the Army Discharge Review Board (ADRB) considered the applicant's request for an upgrade of her discharge on 13 December 2007.  The ADRB found that the overall length and quality of the applicant's service to include her combat service in Afghanistan, mitigated the discrediting entries in her service record.  Accordingly, the ADRB upgraded her characterization of service to general under honorable conditions, changed the narrative reason for her separation to a pattern of misconduct, and the reentry eligibility code to 3.

11.  In the processing of this case, an advisory opinion was obtained from the Chief, Incentives Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, Washington, DC.  The advisory opinion stated that in accordance with Army Regulation 135-7 (Incentive Programs), paragraph 2-1.3a, applicants "must have received an honorable discharge at the conclusion of their last period of service.  In this case, the applicant had been discharged from the Army National Guard on 1 February 1990 due to "whereabouts being unknown."  As such, her discharge is not considered to fit the "honorable" definition since it was "uncharacterized."  The opinion recommended disapproval of the applicant's request.

12.  On 3 February 2009, the applicant rebutted the advisory opinion by submitting a copy of her General Discharge Certificate, effective 1 February 1990.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should have received a prior-service enlistment bonus.

2.  A reenlistment bonus requires the individual's last discharge to have been honorable.

3.  The available evidence clearly shows that the applicant was discharged from the Texas Army National Guard with an under honorable conditions characterization of service.  This does not meet the regulatory requirement for such service to have been "honorable."

4.  There is no evidence of record showing that on or after 30 November 2004, the applicant held qualification in any MOS other than 68W.  However, her assertions and contentions concerning MOSs are irrelevant to the issue of the reenlistment bonus.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20080020061



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080020061



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1