IN THE CASE OF:	  

		BOARD DATE:	       1 JULY 2009

		DOCKET NUMBER:  AR20090002691 


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 the $3,000.00 Selected Reserve Incentive Program (SRIP) bonus authorized in her initial enlistment contract, dated 22 February 2002.

2.  The applicant states she never received the $3,000.00 enlistment bonus authorized in her initial enlistment contract.  The applicant also states that upon completion of advanced individual training, her parent unit failed to forward her bonus documentation through the appropriate channels in order to facilitate payment of her bonus.  The applicant continues that she did not pursue correction of this oversight sooner due to the fact that she was busy raising three young children and attending college on a full-time basis.

3.  The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) and five pages extracted from her enlistment contract and allied documents [pages 1 and 2 of DD Form 4 Series (Enlistment/Reenlistment Document - Armed Forces of the United States), page 2 of DA Form 5261-R (Selected Reserve Incentive Program - Enlistment Bonus Addendum), page 1 of DA Form 5261-4-R (Student Loan Repayment Program Addendum), and page 2 of DA Form 5435-1-R (Statement of Understanding - The Selected Reserve Montgomery GI Bill Kicker Program)] as documentary evidence 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 shows she enlisted in the United States Army Reserve (USAR) on 22 February 2002 in the rank of private/pay grade E-2 for a period of 8 years.

3.  Section IV (Obligation) of the applicant's DA Form 5435-1-R shows she enlisted to serve satisfactorily for a period of 6 years in a Selected Reserve unit in an authorized Headquarters, Department of the Army, unit or military occupational specialty (MOS), unless excused for the convenience of the Government, to include normal career progression.

4.  Section IV (Obligation) of the applicant's DA Form 5261-R shows she enlisted for 8 years in the USAR and agreed to serve her initial 6 years in a bonus unit or in a bonus MOS, unless excused for the convenience of the Government, to include normal career progression.  This section also shows she understood that she must serve satisfactorily as prescribed by USAR regulations, unless excused for the convenience of the Government.

5.  Section V (Entitlement) of the applicant's DA Form 5261-R shows that she was entitled to a bonus of $3,000.00 for serving in a bonus MOS in a bonus unit. 
This section also shows the applicant was to be paid an initial payment of 50 percent of the total authorized bonus amount after receiving her high school diploma, completing initial active duty for training, and qualifying in the MOS.  Two subsequent payments of the total authorized bonus amount were to be paid upon satisfactory completion of the second and fourth year of the enlistment term of service.  The amounts to be paid were 20 percent and 30 percent, respectively.

6.  Item 1b of Section III (Acknowledgment) of the applicant's DA Form 5261-4-R shows that she was enlisting for training in MOS 92G.
7.  The applicant's DD Form 214 for the period ending 15 August 2002 shows she was awarded MOS 92G upon her successful completion of the Food Service Specialist Course.  This form also shows the applicant was honorably released from active duty training under the provisions of chapter 4, Army Regulation 
635-200 (Personnel Separations), by reason of completion of required active service and transferred to the 640th Transportation Corps Detachment located in Tampa, Florida.

8.  The applicant's DD Form 214WS (DD Form 214 Worksheet) for the period ending 27 May 2003 indicates she was released from active duty under the provisions of chapter 8, Army Regulation 635-200, due to pregnancy and transferred to Detachment 1 of the 824th Transportation Corps Company located in Morehead City, North Carolina.  This form also shows the applicant still held MOS 92G at the time of her release.

9.  Headquarters, 143d Transportation Command, Orlando, Florida, 
Orders 03-197-00001, dated 16 July 2003, released the applicant from her assignment and transferred her to the USAR Control Group (Reinforcement) effective 16 July 2003.  The catalyst for this reassignment was the fact that the applicant had changed her residence to a location which was beyond reasonable commuting distance.

10.  During the processing of this case, an advisory opinion was obtained from the Deputy Chief of Staff, G-1, Chief, Incentives and Budget Branch, Enlisted Accessions Division.  This Department of the Army (DA) official confirmed the applicant enlisted in the USAR on 22 February 2002 as a member of the Selected Reserve.  He continued that the applicant was entitled to a $3,000.00 enlistment bonus for a 6-year contract.  According to the United States Army Reserve Finance, no record of a bonus payment exists for this applicant.  The DA official further indicates that MOS 92G was on the applicable SRIP list, dated 31 March 2001, for a non-prior service bonus of $3,000.00.  The DA official stated that in 2002, bonuses were paid on a schedule of 50 percent up front and the remaining payments at the end of the second and fourth years of service.

11.  The DA official who rendered the advisory opinion also noted the applicant was released from active duty on 27 May 2003 for pregnancy, returned to her Selected Reserve unit, and was ultimately separated on 16 July 2003.  The DA official deduced the applicant served a total of 510 days of combined active and inactive service.  He opined that upon separation, the applicant would only have been entitled to the amount of bonus pro-rated for time served.  The DA official concluded that a 6-year contract is for a period of 2,190 days; 510 days is 23 percent of 2,190 days; and 23 percent of $3,000.00 is $699.00 (rounded).  The DA official recommended that the applicant be granted partial relief and paid a pro-rated share of her bonus in the amount of $699.00.  The applicant concurred with the advisory opinion on 22 March 2009.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to a $3,000.00 enlistment bonus that was authorized in her enlistment contract was carefully considered and determined to have partial merit.  The evidence of record confirms that the applicant enlisted for an incentive bonus of $3,000.00.  The record also verifies she successfully completed training in and was awarded MOS 92G and was subsequently assigned to a Selected Reserve unit, which satisfied the initial requirements for the bonus.

2.  However, evidence shows the applicant only served a total of 510 days of combined active and inactive service toward her 2,190-day contractual obligation.  In light of the fact that 510 days is 23 percent of 2,190 days, the applicant is only entitled to 23 percent of her contracted bonus amount.  Therefore, she is entitled to 23 percent of $3,000.00, which is $699.00 (rounded).

3.  In view of the foregoing, it would be appropriate to provide the applicant partial relief for her unpaid enlistment bonus in the pro-rated amount of $699.00 based upon her amount of time served.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying the applicant a pro-rated share of her bonus in the amount of $699.00 based upon her amount of time served.


2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying her the remainder of the amount in excess of 23 percent of the SRIP bonus.



      ____________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)                                         AR20090002691



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090002691



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1