IN THE CASE OF:	  

		BOARD DATE:	  28 June 2011

		DOCKET NUMBER:  AR20110012462 


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 her Army National Guard (ARNG) enlistment bonus.

2.  The applicant states she did not receive the bonus stipulated in her 1993 enlistment contract.

3.  The applicant provides her 1993 enlistment contract.

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 records show she enlisted in the Regular Army on 6 March 1990 and held military occupational specialist 92A (Automated Logistical Specialist).  She was honorably released from active duty on 5 October 1993.
3.  Prior to her release from active duty, she indicated her desire to enlist in the Selected Reserve.  In connection with her intent, she executed a Contingent Enlistment Addendum on 22 September 1993 wherein she acknowledged:

Various Army enlistment incentives, such as enlistment bonuses must be approved by Congress.  This approval requires Congressional authorization and funding.  The authorization for enlistment bonuses expires on 30 September 1993.  Congress is considering renewing this authorization.  This authorization may be retroactive, may start when acted, or may not be enacted.  I understand that my entitlement to any Selected Reserve Incentive Bonus Program is contingent upon Congress both authorizing and funding the enlistment bonus program.  The possibility of receiving an enlistment bonus was a consideration in my enlistment decision.  However, if Congress fails to authorize and fund the enlistment bonus program, my enlistment/transfer contract to serve in the U.S. Army Reserve (USAR) or ARNG is still valid and enforceable.  Any verbal representations by any recruiting personnel that differ from those contained in this addendum are unauthorized and unenforceable. 

4.  She enlisted in the Texas ARNG (TXARNG) on 6 October 1993 for a period of 4 years, 2 months, and 1 day.  She agreed that she understood she must report to Company A, 249th Support Battalion (Main), TXARNG, within 30 days of her release from active duty and that failure to do so would subject her to discharge from the ARNG and transfer to the USAR Control Group (Reinforcement).  

5.  The "Remarks" block of her DA Form 7249 (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transferring into Troop Program Unit (TPU) of the ARNG/USAR upon Release from Active Duty (REFRAD) or Discharge from Active Army Service) states:

Assigned to: Company A, 249th Main Support Battalion, Austin, TX, Paragraph/Line Number 203/06, Assignment MOS 92A1O, Affiliation Bonus is authorized; Bonus Control Number ABS-2448-948  

6.  Section IV (Termination) of her DA Form 5261-3-R-E (Selected Reserve Incentive Program - Affiliation Bonus Addendum) states her entitlement to the bonus would be terminated if she became an unsatisfactory participant, moved to a duty MOS in which she was not qualified, fail to become MOS qualified, separated from her enlisted status, and other reasons (not applicable to her).

7.  She was assigned to the 249th Main Support Battalion, Austin, TX. 

8.  On 7 July 1994, she requested and was authorized a transfer to the California ARNG (CAARNG).  Furthermore, on 30 May 1995, she was transferred to the Inactive National Guard.  The facts and circumstances surrounding this transfer are not available for review with this case.  

9.  On 6 February 1997, the Office of the Adjutant General, CAARNG, published Orders 037-3 releasing her from the Inactive National Guard of Company B, 240th Forward Support Battalion, El Cajon, CA, and transferring her to a drilling position within the same unit, effective 10 December 1996. 

10.  On 3 January 1997, she was transferred to the Indiana ARNG (INARNG) where she remained until 6 December 1997 when she was honorably discharged in the rank/grade of specialist/E-4. 

11.  After a break in service, she enlisted in the USAR for a period of 3 years on 2 February 1998 and she was assigned to a TPU, the 4211th U.S. Army Hospital (USAH), San Diego, CA.  She also executed a 3-year extension of this reenlistment on 16 January 2001.

12.  On 9 June 2001, she executed a 2-year reenlistment in the USAR.  Her DD Form 4 (Enlistment/Reenlistment Contract) shows she reenlisted for a TPU with subsequent reassignment to the USAR Control Group (Reinforcement).

13.  On 11 September 2001, 63rd Regional Support Command, Los Alamitos, CA, published Orders 01-254-016 reassigning her from her TPU, the 4211th USAH, to the USAR Control Group (Reinforcement), effective 7 June 2001. 

14.  On 10 June 2003, the U.S. Army Reserve Command, St. Louis, published Orders D-06-321747 ordering her honorable discharge from the USAR effective 10 June 2003 in what appears to be the expiration of her term of service.

15.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be paid her enlistment bonus. 

2.  The evidence of record confirms the applicant enlisted in the TXARNG for a valid vacancy on 6 October 1993.  In connection with this enlistment, she signed a Contingent Enlistment Addendum wherein she acknowledged her bonus was contingent on Congress authorizing and funding this enlistment bonus.  She also agreed she would serve in a drilling unit in her MOS for a period of 4 years, 2 months, and 1 day.  She further agreed to attend scheduled assembly/drills as well as annual training with that unit.  It appears she did not do so. 

3.  Her records show she transferred to the CAARNG on 7 July 1994 and she was placed in the Inactive National Guard of California from 30 May 1995 through 10 December 1996.  She was further transferred to the INARNG on 3 January 1997 where she remained until her honorable discharge on 6 December 1997  

4.  Although the complete facts and circumstances surrounding receipt or non-receipt of her bonus are not available for review and although she did not submit any pay records to confirm her receipt or non-receipt of the contested affiliation bonus, her transfer to the Inactive national Guard placed her in a non-drilling status and in effect disqualified her from receiving this bonus. 

5.  There is insufficient evidence in this case to support her entitlement to the bonus.

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)                                         AR20110012462



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ABCMR Record of Proceedings (cont)                                         AR20110012462



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