IN THE CASE OF:
BOARD DATE: 4 August 2011
DOCKET NUMBER: AR20110002129
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 the second half of his signing bonus or separation pay for his service.
2. The applicant states that he never received the second half of his signing bonus, he served honorably, and he should receive the payment he is due.
3. The applicant provides no additional documents with his application.
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 Regular Army in Tampa, FL with parental consent for a period of 2 years and training as a medical specialist. At the time
of his enlistment he annotated on his enlistment contract in his own handwriting that he had been advised he was eligible to receive an enlistment bonus if he enlisted for a critical skill or for an additional 2 years of active service and that he did not desire to accept this option.
3. He completed his basic training at Fort Knox, KY and his advanced individual training as a medical specialist at Fort Sam Houston, TX before being transferred to Fort Ord, CA for his first and only duty assignment. He was advanced to the rank/grade of specialist four (SP4)/E-4 on 1 January 1987.
4. He deployed to the Sinai for 6 months in 1987 and he returned to Fort Ord where he remained until he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He completed 2 years of creditable active service.
5. A review of the applicants official personnel record failed to show any indication that he was ever promised or entitled to an enlistment bonus. There is also no indication that he was ever paid any bonus entitlements.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be paid an enlistment bonus has been noted and found to lack merit.
2. The applicant has failed to show through the evidence of record and the evidence of his application that he was ever entitled to a bonus or that he was not paid all of his entitlements at the time of his REFRAD. Therefore, in the absence of such evidence, there appears to be no basis to grant his request.
3. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20110002129
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ABCMR Record of Proceedings (cont) AR20110002129
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