IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110017399
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 reenlistment bonus.
2. The applicant states he was never paid the reenlistment bonus he was promised in connection with a 6-year reenlistment in Korea in 1970.
3. The applicant provides his 15 July 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and 16 May 1979 DD Form 214 (Report of Separation from Active Duty) in support of 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 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 Regular Army for 2 years on 10 February 1969 and was trained in and awarded military occupational specialty 76P (Stock General Accounting Specialist).
3. On 15 July 1970 while serving in Korea, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows he completed 1 year, 5 months, and 6 days of active military service and held the grade specialist four/E-4.
4. The applicant's Military Personnel Records Jacket (MPRJ) contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) documenting his 16 July 1970 reenlistment for 6 years. A DA Form 3286-22 (Statement for Enlistment) prepared during the reenlistment process shows in item 2 that the only spoken and written promise made to the applicant in conjunction with this reenlistment was his present duty assignment. The applicant and reenlistment noncommissioned officer authenticated this document with their signatures on 16 July 1970.
5. The applicant continuously served on active duty through reenlistments until 16 May 1979 at which time he was honorably discharged in the rank of specialist five/E-5 after completing a total of 10 years, 3 months, and 7 days of active military service.
6. Army Regulation 601-280 (Army Retention Program) sets forth policies and command responsibilities for immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army. The regulation contains guidance on the completion of statements for enlistment and states, in effect, the form is designed to preclude the possibility of erroneous reenlistments, broken reenlistment commitments, and misunderstandings concerning entitlements, assignments, and other matters relating to the reenlistment contract.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be paid a reenlistment bonus for his 1970 reenlistment had been carefully considered. However, there is insufficient evidence to support the claim.
2. The record contains a DA Form 3286-22 completed during the applicant's reenlistment processing in 1970 that confirms the only spoken and written promise in conjunction with the reenlistment was for his present duty assignment. The applicant signed this document confirming the terms of the reenlistment.
3. There is no evidence of record or independent evidence submitted by the applicant supporting his assertion that he was promised a reenlistment bonus. As a result, there is an insufficient evidentiary basis to support granting the requested relief.
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 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) AR20110017399
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110017399
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120000331
His DD Form 4 (Enlistment or Reenlistment Agreement Armed Forces of the United States), section II (Agreements), dated 8 May 1979, shows: * "reenlisted for Army Service School/Army Training Center Option" * "no waiver" * "SRB [selective reenlistment bonus]: 0" * "RCN [reenlistment control number]: 850684" * "67V1O Observation/Scout Helicopter Repairer (D67V)" b. The advisory opinion stated the applicant enlisted in the Army on 8 May 1979 for MOS 67V as a prior-service applicant. There is...
ARMY | BCMR | CY2009 | 20090005087
The applicant states that his record is missing a copy of his initial February 2004 enlistment and that finance officials at his installation would not pay him this enlistment bonus until he submits a copy of his enlistment contract. The applicants records further show he enlisted in the Regular Army for a period of 4 years on 10 February 2004. The applicant's record is void of his DD Form 4/1that shows he enlisted on 10 February 2004.
ARMY | BCMR | CY2014 | 20140012016
The applicant states: * she was only granted a bonus with her initial enlistment * she was never granted a bonus upon her reenlistment * the paperwork for the bonus was not processed until her reenlistment * she never actually received the bonus money, but incurred a debt nonetheless * her final pay upon Army discharge was withheld due to this debt 3. The advisory opinion states the $6,000.00 bonus was a seasonal bonus for the airborne specific option, clearly affiliated with the airborne...
ARMY | BCMR | CY2011 | 20110022046
Application for correction of military records (with supporting documents provided, if any). A DD Form 4 documents his 22 December 1966 reenlistment for 6 years. However, now, more than 45 years later, there is no evidence in his reenlistment documents of any promise of a reenlistment bonus.
ARMY | BCMR | CY2014 | 20140018069
Despite the fact that a PSEB was not authorized, the applicant provided evidence that the recruiter offered a PSEB for a 3-year enlistment in the Regular Army. His records should be corrected to show he submitted an exception to policy to the Army G-1 for payment of this bonus and that his request was timely received, processed, and approved by the Army G-1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * showing the...
ARMY | BCMR | CY2011 | 20110001202
At that time his contract indicated he was enlisting for an $8,000.00 bonus and the Loan Repayment Program (LRP). In the processing of this case a member of the Board staff contacted the applicant and requested additional evidence which would document his attempts to be paid his enlistment bonus and have his student loans paid while he was on active duty. As for the applicant's student loans, the documentation provided does not show whether they were in good standing when he enlisted, a...
ARMY | BCMR | CY2009 | 20090019735
IN THE CASE OF: BOARD DATE: 26 August 2010 DOCKET NUMBER: AR20090019735 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 6 April 2006, the applicant completed a DA Form 3286 in which he indicated he was enlisting in the Army with the options of the Officer/Warrant Officer Enlistment Program and the Incentive Enlistment Program (U.S. Army OCS Bonus). He stated the applicant did, in fact, sign an enlistment contract for the OCS bonus on 6 April 2006.
ARMY | BCMR | CY2011 | 20110003576
The applicant requests payment of an affiliation bonus authorized in conjunction with his 16 January 2008 enlistment in the Army National Guard (ARNG). The applicant provides the following documents in support of his application: * DD Form 4 (Enlistment/Reenlistment Document-Armed Forces of the United States) * NGB Form 600-7-4-R-E (Enlisted Affiliation Bonus Addendum-Army National Guard of the United States) * Manual Control Number Request * NGB Denial of Reenlistment Bonus Exception to...
ARMY | BCMR | CY2015 | 20150002681
His DD Form 214 shows he was discharged under other than honorable conditions in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Personnel), chapter 10. As to the applicant's request to upgrade his under other than honorable conditions discharge: a. Regarding his request to correct item 18 of his DD Form 214 wherein it states he received an enlistment bonus of $5,000: a.
ARMY | BCMR | CY2009 | 20090018680
The applicant requests that she be paid $10,424.32 in Army College Fund (ACF) benefits as outlined in her enlistment contract. The applicant provides a DA Form 3286-66 (Statement of Understanding, United States Army Incentive Enlistment Program) and a DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of this application. The VA booklet, Federal Benefits for Veterans and Dependents, states the VA will pay education benefits for training in college, technical, or...