IN THE CASE OF:	  

		BOARD DATE:	  18 February 2010

		DOCKET NUMBER:  AR20090014418


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, return of his recouped enlistment bonus and payment of unspecified per diem.

2.  The applicant states his discharge was upgraded from general to honorable.  He served overseas and did not receive per diem upon his return to the United States.  He adds he had to repay his bonus money and wants "someone to look into that."

3.  The applicant provides no additional documentation in support of his 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 records show he enlisted in the U.S. Army Reserve (USAR) on 29 March 2001 for a period of 8 years.  He agreed to serve 6 years in the USAR and 2 years as a member of the Individual Ready Reserve.  He authenticated his DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) and all annexes and addendums by placing his signature in the appropriate places.

3.  Section III (Acknowledgement) of the applicant's DA Form 5261-R (Selected Reserve Incentive Program - Enlistment Bonus Addendum) shows that in connection with his enlistment in the USAR, he elected "assignment to a high priority unit authorized by Headquarters, Department of the Army (HQDA), for a bonus entitlement in a military occupational specialty (MOS) that is also authorized by HQDA for a bonus entitlement."  He elected MOS 77F (Petroleum Supply Specialist) and the 300th Quartermaster Company, Peru, IL.

4.  Section V (Entitlement) of the applicant's DA Form 5261-R shows the entry, "According to the entry I have initiated in Section III, paragraph 6, above, I am entitled to one of the following cash enlistment bonuses:  High Priority Unit Bonus = $5,000.00."  He further acknowledged that his bonus payment would be paid at the rate of an initial 50-percent payment after receiving his high school diploma, completing initial active duty for training, and qualifying in the MOS; two subsequent payments of 20 percent on his second enlistment anniversary; and 30 percent on his fourth enlistment anniversary.

5.  Section VII (Termination) of his DA Form 5261-R shows the entry, "My entitlement to the enlistment bonus will be terminated should any of the following conditions occur before the fulfillment of my enlistment agreement.  Should I be separated from my status as an enlisted Soldier assigned to a unit of the Selected Reserve, for any reason, except when separated for an authorized period of non-availability or entry on active duty or full time National Guard in an Active/Guard Reserve status.  This could result in recoupment action, unless the separation is due to selected reasons."

6.  Section IX (Statement of Understanding) of his DA Form 5261-R shows that the applicant authenticated this form by placing his signature and the date indicating that he read and fully understood each statement on this form and that his questions were satisfactorily answered.

7.  The applicant completed his initial entry training and was awarded his MOS.  On 24 January 2003, the applicant's unit was mobilized for Operation Enduring Freedom.  On 19 February 2003, the applicant requested discharge as a conscientious objector under the provisions of Army Regulation 600-43 (Conscientious Objection).  The applicant deployed to Kuwait on 29 March 2003.

8.  The regulatory provisions of Army Regulation 600-43 were met and on 15 October 2003 the Department of the Army Conscientious Objector Review Board approved the applicant's request for discharge.

9.  The applicant returned to the United States on 8 February 2004 and was discharged on 22 March 2004 with a general under honorable conditions discharge.

10.  On 13 March 2009, the applicant petitioned the Army Discharge Review Board (ADRB) requesting an upgrade of his discharge to fully honorable.  On 5 June 2009, the ADRB granted his request and directed he be given an honorable discharge.

11.  There is no evidence in the applicant's records relating to entitlement to or payment/non-payment of per diem.

12.  There is no evidence in the applicant's record relating to an enlistment bonus recoupment action.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests unspecified per diem.  He also requests that the recoupment of his enlistment bonus be reviewed.

2.  The applicant has not shown and the record does not show entitlement to per diem.

3.  The applicant signed an enlistment contract with addendums, including a DA Form 5261-R.  In accordance with his enlistment contract, he was required to meet several criteria for payment of his enlistment bonus.  He clearly did not meet all criteria and a recoupment action was justified.

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)                                         AR20090014418



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ABCMR Record of Proceedings (cont)                                         AR20090014418



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