IN THE CASE OF:	  

		BOARD DATE:	  8 March 2011

		DOCKET NUMBER:  AR20100020254 


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, his 1991 uncharacterized discharge be changed to honorable for the purpose of entitlement to an enlistment bonus.

2.  He states he enlisted in the U.S. Army Reserve (USAR) in March 2009.  Upon enlistment, the contract he signed stated he would receive a reenlistment bonus of $15,000.  However, his recruiter failed to tell him that his previous “uncharacterized” discharge would disqualify him from receiving this bonus.  He has been working with his S-1 to resolve this issue for several months.  His S-1 advised him that his contract states that in order for him to be eligible for the bonus he must have had an honorable discharge from his prior period of service. 

3.  He also states he has been military occupational specialty (MOS) qualified to fulfill his contractual obligations for 5 months.  This should qualify him for the bonus.  He also states this same thing happened to him in 1991.  He was promised a bonus and an increase in rank upon completion of advanced individual training (AIT) and he did not receive either.  He requested an entry level separation for breach of contract.  He is now requesting that his “uncharacterized” discharge be changed to “honorable” since it has been more than 15 years.  He is the only one working and the financial hardship has been a strain considering the time he has taken from work to fulfill his current duties as a reservist which he thoroughly enjoys.  The bonus money would help to relieve the financial stress they are under and it would allow him to continue to serve without the fear of the added strain.


4.  He provides his:

* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 19 July 1991
* USAR Prior Service 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 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 military records show he enlisted in the Delayed Entry Program on 23 January 1991.  He enlisted in the Regular Army in pay grade E-1 on 6 February 1991, for 3 years.  In connection with this enlistment, he completed a DA Form 3286-59/1 (Statement of Enlistment) which shows he would receive training in MOS 11B, Infantryman.  This form does not indicate he was promised a bonus and rank increase upon completion of AIT.  

3.  He completed training and was awarded MOS 11B.  He served in Hawaii from 30 May 1990 through 18 July 1991.

4.  He received counseling for the following on:

* 13 June 1991 for lack of motivation and initiative to train
* 14 June 1991 for a poor attitude towards the military
* 17 June 1991 for his personal appearance
* 19 June 1991 for poor performance, lack of motivation and attitude, his rights under Army Regulation 635-200 (Enlisted Separations), and personal appearance
* 22 June 1991 for poor performance and conduct, a lack of motivation, a lack of interest in soldiering, being barred, and discharge under chapter 11


5.  On 14 June 1991, the applicant's company commander requested the applicant undergo a mental health consultation.  The company commander stated the applicant wanted out of the service as soon as possible.  The applicant displayed a poor attitude, was very uncommunicative, and he kept to himself.  

6.  A Report of Mental Status Evaluation, dated 18 June 1991, shows the applicant's behavior was very agitated or tearful.  He was fully alert and orientated.  His mood was depressed, thinking process was clear, and thought content was normal.  He was found have the mental capacity to understand and participate in separation proceedings.  There was no evidence of an emotional or mental disorder of psychiatric significance or of sufficient severity to warrant disposition through medical channels.

7.  On 1 July 1991, the applicant’s company commander advised the applicant he was initiating action to separate him from the Army under the provisions of Army Regulation 635-200, paragraph 11-2 with an Entry Level Separation.  The basis for the action was the applicant’s failure to adapt to the military environment and that he would not develop sufficiently to participate in further training.  

8.  On 1 July 1991, after consulting with counsel, the applicant acknowledged he understood the proposed separation action.  He also acknowledged he understood his rights and elected not to submit a statement in his own behalf.

9.  On 1 July 1991, the appropriate separation authority approved the applicant’s discharge and directed the applicant’s service be uncharacterized, under entry level separation.

10.  He was discharged in pay grade E-1 on 19 July 1991, under the provisions of Army Regulation 635-200, paragraph 11-3a, for entry level status performance and conduct.  His service was uncharacterized.  He was credited with completion of 5 months and 14 days of net active service and no lost time.

11.  He enlisted in the USAR on 7 March 2009 for 6 years with entitlement to a $15,000 enlistment bonus.  He acknowledged "I am in receipt of an honorable discharge issued on separation from prior military service."

12.  Army Regulation 635-200, then in effect, set forth the basic authority for the separation of enlisted personnel.  Chapter 11, paragraph 11-3a, provided for the separation of personnel who had completed no more than 180 days of creditable continuous active duty and had demonstrated that they were not qualified for retention because of unsatisfactory performance or conduct (or both).  The policy 
applied to individuals who had demonstrated that they were not qualified for retention because they could not adapt socially or emotionally to military life, or because they lacked the aptitude, ability, motivation or self discipline for military service, or that they had demonstrated characteristics not compatible with satisfactory continued service.  Service would be uncharacterized for separation under the provisions of this chapter.

13.  Army Regulation 635-200, paragraph 3-7a, stated an honorable discharge was a separation with honor.  The honorable characterization is appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would be inappropriate.

14.  Title 37, U.S. Code, section 308i (Special pay: prior service enlistment bonus), states a person who is a former enlisted member of an armed force who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of 3 or 6 years in a critical military skill designated for such a bonus by the Secretary concerned may be paid a bonus.  A bonus may only be paid under this section to a person who meets each of several listed requirements which include the person having no more than 16 years of total military service and having received an honorable discharge at the conclusion of all prior periods of service (emphasis added).

15.  DoDI 1205.21, Subject:  Reserve Component Incentive Program Procedures, paragraph E4.1 (Written Agreement - Prior Service Enlistment 
Bonus), dated 20 September 1999, specifies, in pertinent part, that in connection with an enlistment the service member must acknowledge they meet the listed eligibility criteria which include having received an honorable discharge at the conclusion of active military service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the RA on 6 February 1991 for 3 years.  He completed the training requirements and he was awarded MOS 11B.  He received several counselings for lack of motivation, poor performance, poor attitude, unprofessional personal appearance, and discharge under chapter 11.  A mental status evaluation shows no mental disorder to warrant disposition through medical channels.  He was properly advised of the action to separate him for failure to adapt to the military environment.  The separation authority approved his discharge and directed that his service be uncharacterized.  He was discharged on 19 July 1991 with an uncharacterized entry level separation.

2.  The applicant's contentions are not sufficiently supported by his records or his application.  There is no error or injustice in his record.  He was properly discharged in accordance with pertinent regulations with due process.  The uncharacterized service was and still is appropriate and there is no basis to change it.  "Uncharacterized" service simply infers he had completed less than 180 days of service.  

3.  He enlisted in the USAR on 7 March 2009 with a $15,000 enlistment bonus.  At the time, he acknowledged he was in receipt of an honorable discharge from his prior period of military service and he was eligible for the bonus.

4.  Title 37, section 308i and DoDI 1205.21 require and state an honorable discharge at the conclusion of active military service is required for entitlement to a bonus.  The language of his USAR Prior Service Enlistment Bonus Addendum aligns with the language of the law and policy.  The available evidence shows his prior military service was uncharacterized.  Therefore, he erroneously acknowledged that he met all the eligibility criteria for the bonus in March 2009.

5.  The Board does not grant relief solely for the purpose of qualifying an individual for an enlistment bonus.

6.  In view of the foregoing, there is no basis for granting his request.

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)                                         AR20100020254



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ABCMR Record of Proceedings (cont)                                         AR20100020254



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