IN THE CASE OF:	  

		BOARD DATE:	  9 November 2010

		DOCKET NUMBER:  AR20100013562 


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, that he receive the $1,500.00 Enlistment Bonus he was guaranteed in his enlistment contract.

2.  The applicant states that he was promised an enlistment bonus of $1,500.00 once he completed Advanced Individual Training (AIT).  He states he has been trying to get his bonus paid for more than eight years.  He also states he was told that by providing all viable documentation showing his entitlement to the bonus to the Army Board for Correction of Military Records (ABCMR), the matter would be looked into and resolved.  He adds that it's an injustice that he was not paid his enlistment bonus.

3.  The applicant provides copies of page 1 and 2 of his DD Form 4 (Enlistment/ Reenlistment Document - Armed Forces of the United States), pages 2 and 4 of a DA Form 3540 [Annex A], and DA Form 5261-R (Selected Reserve Incentive Program - Enlistment Bonus Addendum).

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 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 DD Form 4 shows he enlisted in the U.S. Army Reserve for a period of 8 years on 22 June 1993.  Section B (Agreements), in pertinent part, states, "The additional details of my enlistment/reenlistment are in Section C and Annex(es) A [and] B."  [Section C is a "Partial Statement of Existing United States Laws."]

   a.  Annex A is a DA Form 3540 (Certificate and Acknowledgement of Service Requirement for Individuals Enlisting, Reenlisting, or Transferring, into Troop Program Units of the U.S. Army Reserve).

       (1)  Section V (Additions or Changes to this Certificate) shows that an addendum of a DA Form 5261-R was completed, signed by the applicant, attached to the enlistment contract, and considered an integral part of the certificate.
   
       (2)  The Remarks section shows the statement, "I have read and understand the description of MOS [Military Occupational Specialty] 52D1O Power Generation Equipment Repairer and any other options."

       (3)  The applicant and U.S. Army Guidance Counselor each placed their signature on the document.

   b.  Annex B is a DA Form 3286-67 (Statement of Understanding - Army Policy).  It does not show any evidence of an enlistment bonus.

   c.  A DA Form 5261-R shows in:
   
       (1)  Section III (Acknowledgment), paragraph 6 (I am enlisting in the ARNG/USAR [Army National Guard/U.S. Army Reserve] with concurrent assignment to a unit of the Selected Reserve for a minimum of 6 years. Incentive entitlement is based on: a. Assignment to a unit indentified for bonus entitlement.  "WTL5AAA [Unit Identification Code] / 1 PO Co Tactical [1st Psychological Operations Company (Tactical)]."
   
       (2)  Section IV (Obligation) states, "I am enlisting for 8 years (6 x 2) in the USAR and I agree to serve my 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.  I must serve satisfactorily, as prescribed by ARNG or USAR regulations, unless excused for the convenience of the Government."
       (3)  Section V (Entitlement) states, "According to the action I have initiated in section III, paragraph 6, above, I am entitled to the following cash enlistment bonus.  Subparagraph b shows "Enlistment for Bonus Unit = $1,500.00" and the applicant initialed this item.

       (4)  The applicant and U.S. Army Guidance Counselor each placed their signature on the document.

3.  U.S. Army Aberdeen Proving Ground Support Activity, Aberdeen Proving Ground, Maryland, Orders 208-31, dated 4 November 1994, awarded the applicant primary MOS 52D1O upon successful completion of the 52D1O course. 

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty on 20 June 1994, was honorably released from active duty for training on 18 November 1994, and transferred to the
1st Psychological Operations Company (Tactical), 2400 Admiral Baker Road, San Diego, California, to complete his Reserve obligation.  At the time he had completed 4 months and 29 days of net active service this period.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record), item 35 (Record of Assignments), in pertinent part, shows he was assigned to the
1st Psychological Operations Company (Tactical), San Diego, California, on
19 November 1994, and he served in duty MOS 52D1O as a Power Generation Equipment Repairer.

6.  In connection with the processing of this case, the Army Military Pay Operations - Defense Finance and Accounting Service (DFAS), Indianapolis, IN, was asked to verify if the applicant was paid an enlistment bonus.  DFAS responded that the applicant received bonus payments, as follows:  $750.00 on 19 November 1994, $375.00 on 22 June 1995, and $375.00 on 22 June 1997; for a total (paid) enlistment bonus of $1,500.00.

7.  Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 9 (Special Pay - Enlistment, Reenlistment and Retention Bonus - Enlisted Members), paragraph 090103 (Time of Payment), provides that an enlistment bonus may be paid upon completion of training.   A bonus under this section may be paid in a single lump sum or in periodic installments.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was guaranteed an enlistment bonus of $1,500.00 once he completed AIT; however, he never received the $1,500.00 enlistment bonus.

2.  The evidence of record shows the applicant enlisted for 8 years in the USAR and agreed to serve his initial 6 years in a bonus unit or in bonus MOS 52D in exchange for a $1,500.00 enlistment bonus.  The applicant successfully completed training in MOS 52D, he was awarded primary MOS 52D1O, and served in MOS 52D while assigned to the 1st Psychological Operations Company (Tactical).

3.  The evidence of record shows the applicant was paid a portion of his enlistment bonus upon successful completion of training in MOS 52D, and on the second and fourth anniversaries of his enlistment in the USAR.  The evidence of record also shows that the three enlistment bonus payments totaled $1,500.00.  Thus, the evidence of record clearly refutes the applicant's contention. Therefore, based on available evidence, there is no basis to grant the requested relief.

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:

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)                                         AR20100013562



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ABCMR Record of Proceedings (cont)                                         AR20100013562



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