IN THE CASE OF:
BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110015502
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 a $5,000.00 enlistment bonus in accordance with the terms of his enlistment contract.
2. The applicant states he was never paid and he had 6 years to submit a claim according to the Barring Act of 1940.
3. The applicant provides:
* self-authored statements
* recruit printout
* DA Form 3286-64 (Statement for Enlistment U.S. Army Army/Unit/ Command/Area Enlistment Program)
* DA Form 3286-59 (Statement for Enlistment U.S. Army Enlistment Program U.S. Army Delayed Enlistment Program)
* U.S. Army Recruiting Command (USAREC) Form 1127-R-E (Supplement to DA Form 3286-67, Statement for Enlistment (or Appointment) Army Policy)
* DD Form 2366 (Montgomery GI Bill Act of 1964)
* Statement of Understanding Army Policy USAREC Addendum to DD Form 1966 Series
* Statement for Enlistment or Appointment Concealment of Information
* Statement of Understanding Prohibitive Activities Between Recruiting Personnel and Delayed Entry Program (DEP) and Delayed Training Program Members
* DD Form 827 (Application for Arrears in Pay)
* Defense Finance and Accounting Service (DFAS) letter
* House Resolution 8150
* Title 31, U.S. Code, section 3702
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 enlisted in the U.S. Army Reserve DEP on 22 June 2001. He was discharged from the DEP and enlisted in the Regular Army (RA) on 12 July 2001.
3. A DA Form 3286-59 (completed when he enlisted shows he enlisted for 3 years, training in MOS 13B, and an enlistment bonus in the amount of $5,000.00.
4. After completing initial entry training, he was awarded military occupational specialty (MOS) 13B (Cannon Crewman) and his record shows he served in that MOS throughout his service in the RA. He was released from active duty on 11 July 2004 after completing 3 years of active military service.
5. On 19 May 2011, the applicant submitted a claim to DFAS for payment of the enlistment bonus.
6. On 9 July 2011, DFAS returned the applicant's claim and cited the Barring Act of 1940 prevented payment of such a claim. The applicant was advised to appeal to the ABCMR.
7. On 19 September 2011, the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion. The advisory official confirmed the applicant was to be paid a $5,000.00 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 applicant's request for payment of a $5,000.00 enlistment bonus was carefully considered and determined to have merit.
2. The available documentation shows he enlisted for 3 years, completed training in MOS 13B, and signed a contract for a $5,000.00 enlistment bonus. He fulfilled the terms of his enlistment contract, but he was not paid the bonus he was entitled to for reasons that are unclear in the record.
3. In view of the foregoing, he should be paid his $5,000.00 enlistment bonus.
BOARD VOTE:
___X____ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 he was eligible for payment of the $5,000.00 enlistment bonus and he
applied for payment of that bonus in a timely manner and by paying him the $5,000.00 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) AR20110015502
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ABCMR Record of Proceedings (cont) AR20110015502
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