IN THE CASE OF:
BOARD DATE: 10 January 2012
DOCKET NUMBER: AR20110013640
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, that he be paid his $2,500.00 cash enlistment bonus.
2. He states he was told at the time of his enlistment that he would receive a $2,500.00 cash enlistment bonus upon completion of basic training. He states he completed his required training and required enlistment and did not receive his bonus money.
3. He provides no additional documentary evidence in support of this 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. His military records show he enlisted in the Regular Army on 28 June 1978. He completed training and was awarded the military occupational specialty (MOS) of 11B (Infantryman).
3. His records contain a DA Form 3286-1 (Statements for Enlistment) showing he enlisted for a period of 4 years with a $2,500.00 cash enlistment bonus for MOS 11B. Annex C of this form shows upon being awarded MOS 11B he would be paid an enlistment bonus of $2,500.00. Subparagraph h of this annex stated if he either voluntarily or as the result of his misconduct did not complete the term for which the bonus was paid he would refund the percentage of the bonus that was unearned.
4. His DD Form 214 (Report of Separation from Active Duty) shows he was discharged from active duty on 10 April 1979. He was separated under honorable conditions under the Expeditious Discharge Program (EDP) for failure to maintain acceptable standards for retention. He completed 9 months and 13 days of creditable active service. Item 27 (Remarks) of this form contains the entry, "last enlistment bonus paid: $2,000.00 78-10-12."
DISCUSSION AND CONCLUSIONS:
1. The applicants DA Form 3286-1 established a contractual agreement between him and the Army that he would receive a $2,500.00 enlistment bonus in connection with his enlistment and service. His DD Form 214 shows he received a bonus payment of $2,000.00. However, contrary to his contentions, he failed to fulfill his contractual agreement and serve out his term of service. Therefore, he was not eligible for the entire amount of bonus money he received.
2. In view of the foregoing, there is no basis for granting the applicant's 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) AR20110013640
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ABCMR Record of Proceedings (cont) AR20110013640
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