IN THE CASE OF:
BOARD DATE: 23 May 2012
DOCKET NUMBER: AR20110022715
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 award of an enlistment bonus.
2. He states he never received his enlistment bonus prior to entering the Army or after he completed the terms of his enlistment contract.
3. He provides no additional documents.
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 U.S. Army Reserve (USAR) on 21 January 1997.
3. The applicant's U.S. Army Recruiting Command (USAREC) Form 1122 (Statement of Understanding Army Policy) indicates he enlisted for training in military occupational specialty (MOS) 88M (Motor Transport Operator). This form does not reflect he was authorized an enlistment cash bonus.
4. His USAREC Form 1122 indicates was entitled to tuition assistance under the Montgomery GI Bill in the amount of $7,316.64.
5. He served on active duty for training from 25 February to 13 June 1997. On the following day, he was transferred to the 250th Transportation Company, South El Monte, CA.
6. Orders 087-38, issued by the U.S. Army 63rd Regional Support Command, Los Alamitos, CA, dated 28 March 1998, released him from the 250th Transportation Company by reason of unsatisfactory participation and he was reassigned to the U.S. Army Reserve Personnel Command (Annual Training),
St. Louis, MO, effective 28 March 1998.
7. In the processing of this case, on 3 January 2012, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Senior Army Reserve Career Counselor. The advisory official recommended denial of the applicants request. The opinion stated the applicant was never given an enlistment bonus and his enlistment packet does not indicate he was authorized a bonus nor did he sign for one. The advisory official also stated the applicant was entitled to the Montgomery GI Bill.
8. On 6 January 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
9. Army Regulation 135-7 (Incentive Programs), chapter 2 provides policy and guidance for the administration of the Selected Reserve Incentive Program Non-prior Service Enlistment Bonus. Enlistment for this incentive is not authorized after 30 September 1996. This incentive offers a cash bonus to an eligible Soldier who enlists in the Selected Reserve for the following:
* Prior to 1 April 1993 - $2,000.00 for enlistment in a bonus skill authorized by Headquarters, Department of the Army (HQDA)
* On or after 1 April 1993 - $1,500.00 for enlistment in a bonus skill authorized by HQDA
* On or after 1 April 1993 - $1,500.00 for enlistment in a bonus unit of the Selected Reserve authorized by HQDA
* On or after 1 July 1992 - $2,000.00 for enlistment in a high-priority unit as determined by the HQDA, Deputy Chief of Staff for Operations
* On or after 1 July 1992 - $2,000.00 for enlistment in a bonus skill authorized by HQDA that is in a bonus unit also authorized by HQDA
* On or after 1 July 1992 - $5,000.00 for enlistment through the Army Civilian Acquired Skills Program under the provisions of Army Regulation 601-210, chapter 7 or National Guard Regulation 600-200, chapter 3, in an MOS authorized by HQDA for the bonus
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions regarding his entitlement to an enlistment bonus are acknowledged. However, his service record is void of evidence and he has not provided any evidence that indicates an error or injustice exists in this case.
2. Records show the applicant enlisted in the USAR on 21 January 1997. His enlistment contract does not indicate he was offered, enlisted for, or authorized to receive an enlistment bonus.
3. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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 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) AR20110022715
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ABCMR Record of Proceedings (cont) AR20110022715
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