IN THE CASE OF:
BOARD DATE: 30 August 2012
DOCKET NUMBER: AR20120003114
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 that he be paid his Regular Army (RA) enlistment bonus.
2. The applicant states:
* he has not received his enlistment bonus
* he enlisted in the U.S. Army in June 2000
* he has been separated from the Army, recalled on orders to active duty, and still has not received his enlistment bonus
* he has submitted his paperwork five times
* it has been over a decade since his very first submission
* he would appreciate it if his application is reviewed quickly so he can receive his entitlements as soon as possible
* he has reached out and contacted his Representatives in Congress
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 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 (RA) on 27 June 2000. His DD Form 1966/3 (Record of Military Processing) and his Statement of Understanding shows that as part of his incentives, he enlisted for a cash bonus of $3,000.00 for a 3-year enlistment period in military occupational specialty (MOS) 19D (Cavalry Scout) and for the Army College Fund (ACF) option.
3. The applicant was awarded MOS 19D in October 2000. He was deployed to Iraq from 10 March 2004 through 10 March 2005.
4. On 16 June 2005, the applicant was honorably released from active duty upon completion of his required active service. He had completed 4 years, 11 months, and 20 days of net active service this period.
5. On 6 March 2012, an advisory opinion was obtained from the Office of the Deputy Chief of Staff (ODCS), G-1, recommending that the applicant be granted relief. It states that Headquarters, Department of the Army enlisted incentives message dated 8 March 2000 verifies that a $3,000.00 bonus existed for MOS 19D for a 3-year enlistment period and the ACF option. An inquiry with the Defense Finance and Accounting Service (DFAS), Indianapolis, verifies that no bonus was paid during the applicant's enlistment contract. No other records exist to verify whether the applicant was ever paid a bonus.
6. A copy of the advisory opinion was provided to the applicant for comment or rebuttal. No response has been received.
7. Army Regulation 601-210 (RA and Army Reserve Enlistment Program) provides policies and instructions on the administration of the enlistment bonus program. The incentive prescribed for a selected MOS will be announced by message. Enlistment incentives are offered to those enlisting for a specific MOS. The MOSs are adjusted periodically to meet the manpower needs of the Army. Additions to and deletions from the list of incentives for specific MOS vacancies are made. To be eligible for an enlistment incentive, an enlistee must meet qualification requirements and successfully complete advanced or one station unit training and be awarded the MOS for which enlisted.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted.
2. He enlisted for MOS 19D, which was a bonus MOS at that time calling for an entitlement of $3,000.00 as indicated by his enlistment contract and the advisory opinion. He successfully completed training in that MOS and he was awarded that MOS. The applicant is entitled to that bonus.
3. Consequently, the applicant should receive an enlistment bonus of $3,000.00 based on his enlistment in the RA on 12 June 2000, his successful completion of training in MOS 19D, and award of that MOS.
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 the records of the individual concerned be corrected by showing he applied for receipt of his enlistment bonus in the amount of $3,000.00 upon being award MOS 19D in October 2000; that his application for the bonus was received by the appropriate office in a timely manner; and that he be paid that $3,000.00 bonus.
_______ _ 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) AR20120003114
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ABCMR Record of Proceedings (cont) AR20120003114
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