BOARD DATE: 24 May 2012
DOCKET NUMBER: AR20110024322
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 an entry in item 18 (Remarks) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected.
2. The applicant states, in effect, the Defense Finance and Accounting Service (DFAS) corrected his military records to show he received an enlistment bonus in the amount of $11,000.00 instead of the $7,000.00 reported on his DD Form 214.
3. The applicant provides:
* Letter, dated 24 May 2011, from DFAS
* Letter, dated 6 December 2011, from the American Legion
* DD Form 214
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 Regular Army on 24 July 2002. He completed his training and was awarded military occupational specialty 11C (indirect fire infantryman). On 23 July 2006, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. Item 18 of his DD Form 214 shows, among other entries, the entry "ENLISTMENT BONUS PAID: $7000.00, 20030226."
4. He provided a letter, dated 24 May 2011, from DFAS which states:
a. the Office of the Secretary of the Army corrected the applicant's military records to show he was paid an enlistment bonus in the amount of $11,000.00 vice the $7,000.00 reported.
b. the Claims Branch issued a payment of $4,000.00 (enlistment bonus) to reflect this change.
c. please issue a corrected DD Form 214 to the applicant.
DISCUSSION AND CONCLUSIONS:
The DFAS letter which states the applicant was paid an enlistment bonus in the amount of $11,000.00 is accepted as sufficient evidence on which to amend the entry "ENLISTMENT BONUS PAID: $7000.00, 20030226" in item 18 of his DD Form 214.
BOARD VOTE:
___x__ ____x____ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 deleting the entry "ENLISTMENT BONUS PAID: $7000.00, 20030226" in item
18 of his DD Form 214 and replacing it with the entry "ENLISTMENT BONUS PAID: $11,000.00."
_______ _ 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) AR20110024322
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ABCMR Record of Proceedings (cont) AR20110024322
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