IN THE CASE OF:	

		BOARD DATE:	  13 May 2010

		DOCKET NUMBER:  AR20090018946 


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 full payment of a reenlistment bonus and correction of item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). 

2.  The applicant states his reenlistment bonus was not paid in full.  He claims after reenlisting for military occupational specialty (MOS) 72B (Communications Center Specialist) he got sick and his MOS was changed to 36C (Lineman).  He further claims he was later given back MOS 72B, but did not receive his full reenlistment bonus for that MOS.  

3.  The applicant also argues that he should have received a $10,000.00 bonus for MOS 72B but only received $954.00.  

4.  The applicant finally indicates item 30 of his DD Form 214 contains the erroneous entry "Total amount bonus received subsequent to 1 October 1949" and instead it should read "Total amount bonus received subsequent to 
1 October 1969."

5.  The applicant provides a DD Form 214 for the periods ending 8 June 1969 and 29 October 1970, respectively, 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 record shows he was inducted into the Army of the United States and he entered active duty on 18 April 1967.  

3.  On 8 June 1969, he was discharged for the purpose of immediate enlistment, and on 9 June 1969, he enlisted for 4 years.  

4.  The applicant's DD Form 4 (Reenlistment Contract), dated 9 June 1969, shows he enlisted in MOS 36C with a Continental United States (CONUS) assignment option for Fort Hood, Texas.  

5.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 3286-19 (Statements for Enlistment), dated 9 June 1969, which confirms the applicant's reenlistment option was for assignment to Fort Hood, Texas.  

6.  On 29 October 1970, the applicant was again discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time contains the entry "Total amount bonus received subsequent to 1 October 1949 $954.00."

7.  On 30 October 1970, the applicant reenlisted for 6 years.  The DD Form 4 prepared for this reenlistment shows he reenlisted in MOS 36C for an overseas assignment to the United States Army Vietnam (USARV).  

8.  The applicant's OMPF is void of any reenlistment documents or pay records showing entitlement to a $10,000.00 bonus.  

9.  Item 6 of the applicant's DA Form 2-1 (Personnel Qualification Record) shows he was awarded the following on the dates indicated:

* MOS 72B (Communications Center Specialist) - 22 September 1967
* MOS 36C (LIneman) - 11 September 1968
* MOS 72C (Telephone Switchboard Operator) - 26 April 1969
* MOS 71M (Chaplain Assistant) - 27 April 1974. 

10.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1, which incorporates item 38 (Record of Assignments) of his DA Form 20 (Enlisted Qualification Record), shows he worked in MOS 72B through 12 September 1968.  He worked in MOS 36C beginning on 13 September 1968, and he primarily worked in this MOS until his discharge with the exception of two brief periods.  Between 30 April and 1 June 1969, he worked in MOS 72C and between 22 and 28 October 1974, he worked in MOS 71M.

11.  During the processing of this case, a member of the Board's staff contacted the Defense Finance and Accounting Service (DFAS) to inquire about the applicant's reenlistment bonus status.  DFAS officials confirm there are no pay records prior to 1972 available on Army personnel. 

12.  Army Regulation 15-185 (Boards, Commissions, and Committees - Army Board for Correction of Military Records) provides Department of the Army policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record.  Paragraph 2-2 of this regulation states the ABCMR will decide cases on the evidence of record.  It is not an investigative body.

13.  Paragraph 2–9 further states that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that he was not paid his reenlistment bonus in full and that the entry in item 30 of his DD Form 214 should be corrected have been carefully considered.  However, the evidence is not sufficient to support these claims. 

2.  The applicant's OMPF is void of any documentation, and the applicant provided none, showing he reenlisted in MOS 72B for a cash bonus, or that if he did, he was not paid the bonus in full.  Absent evidence to the contrary, administrative regularity must be presumed in this case. 
 
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 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:

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)                                         AR20090018946



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ABCMR Record of Proceedings (cont)                                         AR20090018946



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