IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100020016
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 correction of her DD Form 4 (Enlistment/Reenlistment Document) to show authorization of a reenlistment bonus. She further requests payment of the bonus.
2. The applicant states she was not offered a reenlistment bonus at the time of her 6-year reenlistment on 11 December 1994. She has never received a bonus for any of her reenlistments. She only recently learned of her eligibility for the bonus.
3. The applicant provides copies of her DD Form 4, dated 11 December 1994; DA Form 3540 (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring into Troop Program Units of the U.S. Army Reserve), dated 11 December 1994; two DA Forms 1059 (Service School Academic Evaluation Report), dated 16 May and 13 June 1992; and a Memorandum, subject: Fiscal Year 1995 (FY 95) Selected Reserve Incentive Program (SRIP), dated 30 September 1994.
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. At the time of her application, the applicant was serving as a U.S. Army Reserve (USAR), Active Guard Reserve Soldier in the rank of sergeant major, pay grade E-9.
3. DA Forms 1059, dated 16 May and 13 June 1992, report that the applicant had achieved course standards in the basic Military Police Course and in Phase II of her military police training. Her military occupational specialty is shown as 95B (Military Police).
4. The FY 95 SRIP identified MOS's and skills that were eligible for receipt of an enlistment/reenlistment bonus effective 30 October 1994. Soldiers with a skill qualification identifier (SQI) of X (Drill Sergeant) were eligible for a $10,000.00 bonus. Soldiers who held MOS 95B were eligible for a $5,000.00 bonus.
5. A DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period November 1994 to October 1995 reports that the applicant held MOS 95B with SQI "X" and performed duty as a drill sergeant at Fort Meade, Maryland.
6. The DD Form 4 provided by the applicant shows that on 11 December 1994 she reenlisted in the U.S. Army Reserve beginning in the rank of staff sergeant, pay grade E-6 for a period of 6 years.
7. In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Washington, DC. The opinion stated that the applicant had reenlisted under the SRIP for FY 95. Her MOS of 95B was listed on the SRIP as eligible for a $5,000.00. SQI X was also listed as eligible for a $10,000.00 reenlistment bonus. When an applicant qualifies for two separate bonuses, as in this case, the higher bonus amount is awarded. Accordingly, the applicant was eligible for a $10,000.00 reenlistment bonus based on her drill sergeant status. The applicant's DD Form 4 did not list either of these bonuses. The opinion recommended the applicant be awarded a $10,000.00 reenlistment bonus.
8. On 9 February 2011, the applicant concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 4 should be corrected to show she was entitled to receive a $10,000 reenlistment bonus and that she be paid this bonus.
2. The available evidence clearly shows that the applicant held MOS 95B and SQI X at the time of her reenlistment on 11 December 1994 and that a reenlistment bonus of $10,000.00 was authorized at the time.
3. In view of the above, the applicant's DD Form 4 should be corrected to show entitlement to a $10,000.00 reenlistment bonus based on her SQI "X" with subsequent payment of any monies due as a result of this correction.
BOARD VOTE:
____X___ ___X____ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding to her DD Form 4, dated 11 December 1994, entries indicating entitlement to a $10,000.00 reenlistment bonus based on her SQI "X"; and
b. auditing her military pay records and paying her any monies due as a result of this correction.
_______ _ _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) AR20100020016
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