IN THE CASE OF:
BOARD DATE: 28 August 2012
DOCKET NUMBER: AR20120001753
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 the remaining portion of his reenlistment bonus.
2. The applicant states:
* when he was discharged he was never paid the remaining amount of the reenlistment bonus he had earned
* he served 52 months of his reenlistment bonus term but was only paid a total of $1,300.00
* he earned $1,805.44
* his unit never submitted his final payment to finance
* he contacted his unit several times after he was discharged, but they said they couldn't/wouldn't help him
* no one helped him until he contacted the Reserve Pay Center
3. The applicant provides:
* letter from the Defense Finance and Accounting Service (DFAS), dated 1 August 2011
* letter from the Reserve Pay Center at Fort Bragg, NC, dated 26 July 2011
* DD Form 827 (Application for Arrears in Pay)
* discharge orders
* enlistment contract
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. Having prior service in the U.S. Army Reserve (USAR), the applicant reenlisted in the USAR in pay grade E-5 on 31 July 1998 for a period of 6 years. He reenlisted for a reenlistment bonus in the amount of $2,500.00.
3. On 17 December 2002, he was honorably discharged from the USAR.
4. He provided a memorandum from the USAR Pay Center at Fort Bragg to the Claims Branch at DFAS, dated 26 July 2011, which states:
* the applicant reenlisted on 31 July 1998 for a 6-year $2,500.00 reenlistment bonus
* he served 52 months and 17 days of his reenlistment contract before being honorably discharged on 17 December 2002
* He earned $1,805.44 for the 52 months he served, but he was paid a total of $1,300.00
* he is due the difference between the amount he earned and the amount he was paid ($505.44)
5. On 1 August 2011, DFAS returned his claim without action and cited the Barring Act of 1940 (a claim is barred unless such claim is received in that office within 6 years after the date such claim first accrued).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be paid the remaining portion of his reenlistment bonus was carefully considered and was found to have merit.
2. The evidence of record shows the applicant reenlisted in the USAR on 31 July 1998 for a reenlistment bonus in the amount of $2,500.00.
3. The USAR Pay Center at Fort Bragg points out:
* he served 52 months and 17 days of his reenlistment contract before being honorably discharged from the USAR on 17 December 2002
* he earned $1,805.44 for the 52 months he served, but he was paid a total of $1,300.00
* he is due the difference between the amount he earned and the amount he was paid ($505.44)
4. DFAS returned his claim without action and cited the Barring Act of 1940.
5. In view of the facts and based on the recommendation of the USAR Pay Center at Fort Bragg, it would be appropriate and serve the interest of justice and equity to correct his record by showing he applied for the remaining portion of the reenlistment bonus he was eligible for in a timely manner.
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:
a. showing he applied for the remaining portion of the reenlistment bonus he was eligible for in a timely manner and
b. having DFAS remit payment to the individual in the amount of $505.44, the remaining portion of his reenlistment bonus, as a result of this correction.
___________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) AR20120001753
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120001753
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