IN THE CASE OF:	  

		BOARD DATE:  29 November 2012

		DOCKET NUMBER:  AR20120002675 


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 bonus in the amount of $2,000.00 in connection with his enlistment in the U.S. Army Reserve (USAR).

2.  The applicant states he did not intentionally miss any training assemblies.  He spent time away from home while in advanced individual training (AIT) and was promised a $2,000.00 bonus upon completion of AIT.  He was assigned to a small unit, the 479th Medical Detachment (Orthopedic) in Houston, TX, and his unit was activated in support of Operation Desert Storm while he was attending AIT.  Upon his return from AIT, he was told that his unit had been reassigned to Fort Sam Houston in San Antonio, TX, which was almost 200 miles away.  He was then told he did not have to travel that far if it would interfere with his work and that the unit would take care of it.

3.  The applicant states that he received four checks that he thought were part of his enlistment bonus, but the money was taken back through his tax returns during 1994-1997.  He further contends that he met a recruiter at Fort Polk, LA, in 1996 who told him he could assist him in getting the enlistment bonus.  He signed up to transfer to a military police (MP) unit because he used to be a policeman.  During his first training assembly he was told he needed to get MP military occupational specialty (MOS) training, but the school was full for awhile.  The following week, his unit was activated for duty in Bosnia and he was the only Soldier left behind due to his lack of MOS training as an MP.  He was then told by the first sergeant to stand down and the unit would notify him.  He concludes that he was honorably discharged in 1999, but no one called and he never received the enlistment bonus.

4.  The applicant provides:

* Page 2 of his DA Form 5261-R (Selected Reserve Incentive Program – Enlistment Bonus Addendum)
* Orders 32-15, dated 14 February 1991
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 7 November 1991
* Section VII of his DA Form 2-1 (Personnel Qualification Record)
* Orders 78-5, dated 24 August 1992
* Orders C-09-642356, dated 3 September 1996
* Orders 288-371, dated 15 October 1997

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 USAR on 14 February 1991 for a period of 8 years.

3.  His DA Form 5261-R shows in:

	a.  section III (Acknowledgement) that he enlisted for assignment to the 479th Medical Detachment (Orthopedic), a unit which had been approved for incentive entitlement (bonus unit).  He enlisted for MOS 91D (Operating Room Specialist) which had been approved for incentive entitlement (bonus skill);

	b.  section IV (Obligation) that he agreed to serve his initial 6 years in a bonus unit or in a bonus skill unless excused for the convenience of the government, to include normal career progression.  It also shows he agreed to serve satisfactorily, as prescribed by Army National Guard or USAR regulations, unless excused for the convenience of the government;

	c.  section V that he selected the cash enlistment bonus as his enlistment incentive option and he was eligible for enlistment in a bonus skill for $2,000.00, and that he understood procedures for payment of the enlistment bonus would be initiated by his unit commander; and

	d.  section VII (Termination) that his entitlement to an enlistment bonus would be terminated should any of the following conditions occur before fulfillment of his enlistment agreement and obligation:

* unsatisfactory participation
* movement to a non-bonus MOS except for normal career progression
* voluntary transfer to a non-bonus unit

4.  His DD Form 214 shows he performed active duty for training from 1 May 1991 through 7 November 1991 and he was awarded MOS 91D upon completion of training.

5.  Headquarters, 807th Medical Brigade, Seagoville, TX, Orders 78-5, dated 24 August 1992, directed his reassignment from the 4005th U.S. Army Hospital Augmentation, Houston, TX, to the USAR Control Group (Reinforcement) effective 20 August 1992 due to an employment conflict.

6.  USAR Personnel Center, St. Louis, MO, Orders C-09-642653, dated 3 September 1996, directed his reassignment from the USAR Control Group (Reinforcement) to Detachment 1, 4013th USAR Garrison Support Unit (GSU), Fort Polk, LA, effective 28 August 1996.  These orders show the reason for the reassignment as "voluntary."

7.  Headquarters, U.S. Army 90th Regional Support Command, North Little Rock, AR, Orders 288-371, dated 15 October 1997, directed his reassignment from Detachment 1, 4013th USAR GSU to the USAR Control Group (Reinforcement) effective 15 October 1997 due to unsatisfactory participation.

8.  An advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1.  The advisory opinion states that upon completion of AIT the applicant was required to report to his assigned unit, the 479th Medical Detachment.  However, it appears he never did.  The Office of the Deputy Chief of Staff, G-1, located leave and earnings statements pertaining to the applicant for the period November 1991-June 1992 that show he was not paid during this period because he did not attend drills (training assemblies).  The advisory opinion further states the Office of the Deputy Chief of Staff, G-1, cannot clearly determine if the applicant tried to fulfill his obligation in order to receive his bonus and recommends denial of his claim.

9.  The advisory opinion was provided to the applicant to afford him an opportunity to submit comments or a rebuttal.  He responded and essentially reiterated his contention that his unit was activated in support of Operation Desert Storm and the unit was subsequently relocated to Fort Sam Houston, TX.

10.  The Operation Desert Shield/Desert Storm time period is 7 August 1990 until the cease fire took effect on 11 April 1991.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be entitled to payment of an enlistment bonus has been carefully considered.

2.  The evidence of record indicates he did not satisfactorily participate with his USAR unit as evidenced by the leave and earnings statements for the period November 1991-June 1992.  His enlistment contract and allied documents clearly stipulated that satisfactory participation in the USAR was required in order to receive the enlistment bonus.

3.  The applicant failed to provide documentary evidence showing he attempted to fulfill his USAR obligations by attending scheduled unit training assemblies or that he was excused by proper authorities from attending scheduled unit training assemblies due to unit activation and/or unit relocation.  Additionally, it must be noted that Operation Desert Storm ended on 11 April 1991, almost 6 months prior to the end of his AIT.

4.  Based on the foregoing, there is no basis to grant 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)                                         AR20120002675



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ABCMR Record of Proceedings (cont)                                         AR20120002675



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