IN THE CASE OF:
BOARD DATE: 30 June 2011
DOCKET NUMBER: AR20100030462
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 his enlistment bonus.
2. He states, in effect, when he attempted to turn in his bonus paperwork, he was told he had exceeded the 1-year time limit. He was not told there was a time limit when he inprocessed to his unit. As his active duty service was ending, he gave up trying to collect his bonus. During his last year of inactive Reserve service he joined a U.S. Army Reserve (USAR) troop program unit (TPU) because he was told they would help him get his bonus. They were unable to do so, and he was advised to contact his Congressman.
3. He provides:
* correspondence between his Congressman and the U.S. Army Reserve Command and the U.S. Army Human Resources Command
* a USAREC Form 1150-R-E (Statement of Understanding - Army Policy - USAREC Addendum to DD Form 1966 Series)
* a DA Form 3286-59 (Statement for Enlistment - United States Army Enlistment Program - U.S. Army Delayed Enlistment Program)
* a DA Form 3286-66 (Statement of Understanding - United States Army Incentive Enlistment Program)
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 enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP) on 5 December 2001. He was discharged from the DEP and enlisted in the Regular Army (RA) on 17 January 2002.
3. After completing initial entry training, he was awarded military occupational specialty (MOS) 19K (Armor Crewman), and his record shows he served in that MOS throughout his service in the RA. He was released from active duty on 16 June 2005 after completing 3 years and 5 months of active military service.
4. A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed when he enlisted shows in item 32a (Specific Option/Program Enlisted for) he enlisted for 3 years, training in MOS 19K, and an enlistment bonus in the amount of $4,000.
5. A USAREC Form 1150-R-E, DA Form 3286-59, and DA Form 3286-66 confirm the information on the DD Form 1966.
6. On 20 April 2011, the Defense Finance and Accounting Service reviewed his Master Military Pay Account and found no record of a bonus being paid.
7. On 20 April 2011, the Office of the Deputy Chief of Staff, G-1, provided an advisory opinion. The advisory official confirmed the applicant was to be paid a $4,000 enlistment bonus and stated a review of the available records did not show the bonus had been paid. He recommended granting relief and paying the enlistment bonus.
8. The applicant was provided a copy of the advisory opinion for his comment. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record supports the applicant's request to be paid his enlistment bonus.
2. The available documentation shows he enlisted for 3 years, training in MOS 19K, and a $4,000 enlistment bonus. He fulfilled the terms of his enlistment contract, but for reasons that are unclear in the record he was not paid the bonus he was entitled to.
3. In view of the foregoing, he should be paid his $4,000 enlistment bonus.
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 showing that he was eligible for payment of the $4,000 enlistment bonus, that he applied for payment of that bonus in a timely manner, and by paying him the $4,000 enlistment bonus.
_______ _ _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) AR20100030462
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100030462
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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