IN THE CASE OF:	  

		BOARD DATE:	    31 July 2012

		DOCKET NUMBER:  AR20120000331 


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 an enlistment bonus for military occupational specialty (MOS) 67V (Observation/Scout Helicopter Repairer).

2.  The applicant states he reenlisted in October/November 1979 for MOS 67V and graduated from training in March 1980.  He states there was a bonus associated with this MOS; however, he never received the bonus.

3.  The applicant provides no additional evidence.

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 (USAR) under the Delayed Entry Program (DEP) on 31 October 1975 for a period of 6 years.

3.  He was discharged from the USAR DEP on 5 November 1975 and enlisted in the Regular Army for a period of 4 years on 6 November 1975.

4.  On 7 May 1979, he was discharged from the Regular Army for the purpose of immediate reenlistment.

	a.  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.  He placed his initials in section III (Benefits), item 12, indicating "With regard to any other benefits, I understand that only those promises, if any, recorded herein or on Annex A attached hereto will be honored and that any other promises not contained therein made by any person are not effective and will not be honored."

5.  His DA Form 3286 (Statements for Enlistment), dated 8 May 1979, states:

I have read and understand the provisions of items 2, 3, 4, and 5 of the option table for which I am reenlisting.  Furthermore, to avoid misunderstanding, I have received below in my own words and handwriting all spoken and written promises that have been made to me in connection with my enlistment in the Regular Army (at end of statement, applicant will print the word 'END.')

Army Service School 67V1O  END  [applicant's initials]

6.  On 4 April 1980, he completed the OH-58 Helicopter Repair Course (67V).  Headquarters, U.S. Army Aviation Center and Fort Rucker, Permanent 
Order 61-9, dated 8 April 1980, announced his award of the Aircraft Crewmember Badge (Permanent) effective 14 April 1980.

7.  On 3 May 1982, he was discharged from the Regular Army for the purpose of immediate reenlistment and reenlisted on 4 May 1982 for a period of 6 years.  He served continuously on active duty through subsequent reenlistments until he was honorably retired on 30 November 1995.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 30 November 1995 shows his immediate reenlistments during the period covered by the form as:

* 6 November 1975-7 May 1979
* 8 May 1979-3 May 1982
* 4 May 1982-15 October 1987
* 16 October 1987-18 February 1993
* 19 February 1993-30 November 1995

8.  On 24 January 2012 in connection with this case, an advisory opinion was rendered by the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory opinion stated the applicant enlisted in the Army on 8 May 1979 for MOS 67V as a prior-service applicant.  There was no bonus listed on his contract and no record of a bonus entitlement for a prior-service recruit from 1979 exists.  The Chief, Incentives and Budget Branch, recommended denial of the applicant's request.

9.  On 24 January 2012, a copy of the advisory opinion was provided to the applicant to allow him the opportunity to submit comments or a rebuttal.  The applicant acknowledged receipt of the advisory opinion on 27 January 2012 by placing his signature on the bottom of the document.  He did not submit comments or a rebuttal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he reenlisted in October/November 1979 for MOS 67V and an associated enlistment bonus.

2.  The evidence of record shows the applicant reenlisted on 8 May 1979 for the option of training in MOS 67V.  His DD Form 4, dated 8 May 1979, specifically states "SRB:  0."  There is no evidence in his records and he provides none to show he reenlisted for a bonus in October/November 1979 for MOS 67V.  Therefore, he is not entitled to 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)                                         AR20120000331



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ABCMR Record of Proceedings (cont)                                         AR20120000331



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