IN THE CASE OF:
BOARD DATE: 31 May 2011
DOCKET NUMBER: AR20100023635
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 he be paid his enlistment bonus of $8000.00.
2. The applicant states he never received his bonus which was guaranteed to him in 2001. He did everything he was asked to do and never got in trouble. He served in Iraq for a year and saw three of his good friends die. After he was discharged his fear of going back to Iraq kept him from seeking his bonus.
3. The applicant provides copies of his enlistment documents.
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 shows he enlisted in the Regular Army on 22 February 2001 for a period of 3 years. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His DA Form 3286-66 (Statement of Understanding United States Army Incentive Enlistment Program) shows he enlisted for:
* 9B U.S. Army Station/Unit/Command/Area Enlistment Program (Fort Riley, KS)
* 9C United States Army Incentive Enlistment Program ($8000.00)
4. This same document states if the incentive is U.S. Army Cash Bonus, he understands that the bonus amount was $8000.00 authorized by Headquarters, Department of the Army message DAPE-MPA-RP, and will be paid in accordance with DA instruction.
5. On 29 December 2004, the applicant was honorably released from active duty upon the completion of his required active service.
6. The Chief, Incentive and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff , G-1, Washington, DC, provided an advisory opinion on 21 April 2011 and recommended the applicant be granted relief. The opinion states the applicant's initial enlistment contract, dated 22 February 2001, showed he was to be paid an $8000.00 Enlistment Bonus for MOS 11B for which there is no available evidence that he was ever paid.
7. A copy of this advisory opinion was furnished to the applicant on 21 April 2011. He did not provide a response.
8. His Defense Finance and Accounting Service records do not show the applicant was ever paid a bonus.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests he be paid the $8000 enlistment bonus guaranteed in his 3-year enlistment contract, dated 22 February 2001.
2. The evidence of record confirms he enlisted for a period of 3 years on
22 February 2001 for an option that authorized him payment of an enlistment bonus, but it appears he was never paid the bonus. The available evidence shows that he satisfied the terms of his contract and is therefore entitled to payment of his enlistment bonus in the amount of $8000.00.
3. In view of the above, his request should be granted.
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 the Defense Finance and Accounting Service audit the applicant's pay record as a final confirmation of nonpayment and issue payment of the $8000.00 enlistment bonus if payment was not previously disbursed.
_________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.
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