IN THE CASE OF:
BOARD DATE: 23 August 2012
DOCKET NUMBER: AR20120003021
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, through his Member of Congress, payment of a $3,500.00 enlistment bonus.
2. The applicant states he enlisted in the Delayed Entry Program (DEP) on or about September 1980. His scores were high enough for enlistment in any military occupational specialty (MOS). The recruiter pointed out that MOS 27E (TOW/Dragon Technician) offered a $3,500.00 bonus. It has been 30 years since he enlisted but he has not received the bonus that he is justly due.
3. The applicant did not provide any 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 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) DEP on 5 November 1980 for a period of 8 years.
3. On 1 September 1981, he was discharged from the USAR DEP and on
2 September 1981, he enlisted in the Regular Army (RA) for a period of 3 years. His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) does not show he enlisted for a bonus. He placed his initials in item 10c (Agreements), acknowledging he understood that:
The agreements in this section and the attached annex(es) are all the promises made to me by the Government. ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED.
4. His DA Form 3286-18 (Statements for Enlistment U.S. Army Special Unit Enlistment Option), dated 2 September 1981, shows he acknowledged in connection with his enlistment in the RA that:
* upon successful completion of training, and provided he meets required prerequisites, he will be assigned to the 2nd Armored Division
* providing he meets required prerequisites, he will be trained in MOS 27E
* his term of enlistment is for 3 years
5. He completed the required training and he was awarded MOS 27E. He was subsequently assigned to Company C, 124th Maintenance Battalion,
2nd Armored Division, Fort Hood, TX.
6. After a series of substandard performance, failing to respond to counseling, and two instances of nonjudicial punishment under the provisions of Article 15, Uniform Code of Military justice (UCMJ), his chain of command recommended his discharge under the provisions of Army Regulation 635-200 (Personnel Separations Enlisted Separations), chapter 13, for substandard performance.
7. On 15 July 1983, he was discharged under the provisions of Army Regulation 635-200, chapter 13, with a general discharge. He completed 1 year, 10 months, and 4 days of creditable active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be paid a $3,500.00 enlistment bonus.
2. The available evidence shows the applicant enlisted on 2 September 1981 for the options of training in MOS 27E and assignment to the 2nd Armored Division.
There is no evidence of record and the applicant did not provide any evidence that shows he enlisted for a 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) AR20120003021
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ABCMR Record of Proceedings (cont) AR20120003021
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