IN THE CASE OF:
BOARD DATE: 27 MAY 2009
DOCKET NUMBER: AR20090002050
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 that her deceased father, a former service member (FSM), be paid an enlistment bonus.
2. The applicant states that her father, a FSM, said that he was promised an enlistment bonus to enlist in the Army and he never received it.
3. The applicant provides a letter explaining her application, a copy of a letter from the Veterans Administration denying the FSM a change in his rating, a copy of the FSM's Enlisted Record and Report of Separation - Honorable Discharge, a copy of the FSM's 1987 death certificate, and a copy of her birth certificate.
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 FSMs military records are not available to the Board for review. A fire destroyed approximately 18 million service members records at the National Personnel Records Center in 1973. It is believed that the FSMs records were lost or destroyed in that fire. However, there were sufficient documents remaining in a reconstructed record for the Board to conduct a fair and impartial review of this case.
3. The FSM was born on 19 June 1917 and enlisted in the Regular Army at Fort Knox, Kentucky on 16 August 1940. He completed his training as a light artillery gun crewman and departed for the European Theater of Operations (ETO) on 31 May 1942.
4. He participated in the Tunisia, Naples-Foggia, and Rome-Arno campaigns and was wounded in Italy on 29 February 1944. He was awarded the Purple Heart for that wound.
5. He attained the rank of corporal and departed the ETO on 11 March 1945. He arrived in the Continental United States on 21 March 1945 and was transferred to Camp Atterbury, Indiana where he remained until he was honorably discharged in the rank of private first class on 12 May 1945 due to demobilization. He had served 4 years, 8 months and 27 days of total active service and he had 7 days of lost time. He was awarded the European-African-Middle East Theater Ribbon with three bronze service stars, the Purple Heart, the American Defense Service Ribbon, and the Good Conduct Ribbon. He received a $100.00 payment of mustering out pay (MOP) at the time of his discharge.
6. Enlistment bonus authority pre-dates the formation of the United States. A 1776 resolution of the Continental Congress offered a cash bonus or "bounty" as a spur to enlistments. The enlistment "bounty" played a prominent part in raising United States military forces until after the Civil War. It then fell from favor, principally because it had proved ineffective and had been subject to abuse during that war. Except for 1 year in the 1920s, it was not revived until 1971, when an enlistment bonus was again authorized as a corollary to the end of conscription and the move to a relatively large "all-volunteer" military force.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicant's claim that her father was told that he would receive an enlistment bonus for his Regular Army enlistment during WWII is not in doubt, there is no evidence to support the claim.
2. Enlistment bonuses were not in effect during WWII and did not come back into effect until 1971, when the Army moved to create an "All Volunteer" force.
3. Therefore, in the absence of evidence to show that a contractual commitment was made to the FSM that was not honored, there appears to be no error or injustice 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:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by her late father in service to the United States during World War II. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ XXX _______ ___
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) AR20090002050
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