BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100014892
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 payment of an enlistment bonus.
2. The applicant states he enlisted in the Delayed Entry Program (DEP) for a $50,000.00 bonus, but never received it. He has no records. After his discharge he applied for his Army records and he was told they were lost in a fire overseas. He has also filed for post traumatic stress disorder.
3. The applicant provided no additional evidence.
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 applicant's record contains a DD Form 4 (Enlistment Contract - Armed Forces of the United States) that shows he enlisted in the U.S. Army Reserve (USAR) DEP on 11 August 1972 for a period of 6 years. It states upon enlistment in the Regular Army (RA), he will be enlisted under the provisions of Army Regulation 601-201 (Regular Army and Army Reserve Enlistment Program), table 5-3, RA, 2 years and that he was delayed from entry on active duty until 11 September 1972. His enlistment contract contained no other enlistment options. He verified this enlistment option by placing his signature in the appropriate block and was confirmed by the enlisting officer, a first lieutenant (1LT).
3. On 10 September 1972 he was discharged from the USAR DEP and on
11 September 1972, he enlisted in the RA for a period of 2 years. His record contains a DA Form 3286-3-R (Statement for Enlistment, Part VI - Regular Army Enlistment Option), dated 11 September 1972, wherein it states he acknowledges, with his enlistment for the Regular Army enlistment option, this option carries no other guarantees. He verified this by placing his signature in the appropriate block as witnessed by a sergeant first class (SFC) of the Jacksonville, Florida U.S. Army Recruiting Main Station.
4. He completed basic combat and advanced individual training and he was awarded military occupational specialty 36K (Field Wireman).
5. The applicant was subsequently separated with an undesirable discharge. He completed 1 year, 3 months, and 14 days of total active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he enlisted in the USAR DEP for a $50,000.00 enlistment bonus was carefully considered and found to be without merit.
2. The evidence of record shows the applicant enlisted in the USAR DEP on
11 August 1972 with an RA enlistment option for 2 years with delayed entry on active duty until 11 September 1972. This is the only option his enlistment contract contains. He acknowledged this was his only enlistment option by signing his DD Form 4 on 11 August 1972 as confirmed by a 1LT and his DA Form 3286-3-R on 11 September 1972 as witnessed by an SFC.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20100014892
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ABCMR Record of Proceedings (cont) AR20100014892
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