BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007304
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 in the amount of $30,000.
2. The applicant states when he enlisted there was a signing bonus of $30,000 to promote military occupational specialty (MOS) 31K (Combat Signaler). He was told he was not going to receive the bonus because the recruiter failed to initial a section of his enlistment contract. He chose MOS 31K because of the bonus. It was unfair that he had to go through advanced individual training enduring the same training as others listening to them talk about what they were going to do with their bonus.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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. On 16 April 1984, the applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 6 years.
3. In connection with the applicant's enlistment in the DEP he completed a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 16 April 1984, wherein it shows he enlisted to serve in the Regular Army, effective 25 May 1984. In Section D (Certification and Acceptance), (Guarantees Made to Me by Anyone are Written Below), no entries are annotated and the applicant initialed on the None line.
4. On 16 April 1984, he also completed DD Form 1966 (Record of Military Processing - Armed Forces of the United States), wherein it shows he enlisted for MOS 31K, the two-year enlistment option, and the Veterans Educational Assistance Program (VEAP). His enlistment contract is void of an addendum that shows he enlisted for a bonus.
5. He entered active duty on 24 May 1984 and he held MOS 31K. He was assigned to Fort Hood, TX.
6. He was honorably released from active duty on 23 May 1986 and transferred to the 3rd Battalion, 18th Infantry, U.S. Army Reserve, Lawrence, MA. He completed 2 years of net active service.
7. In the processing of this case, an advisory opinion, dated 31 May 2012, was received from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1. The advisory official recommended disapproval of the applicant's request for payment of a $30,000 enlistment bonus. The official stated that when the applicant entered the Army [in 1984], recruits in MOS 31K were eligible for a cash bonus of $2,500 for an enlistment of 4 or more years of active service. The applicant chose a 2 year contract, and other than the VEAP option there was no other incentive authorized. In addition, a $30,000 enlistment bonus would not have existed at the time of the applicant's enlistment. In 1984, the maximum enlistment bonus authorized under law was $8,000.
8. On 31 May 2012, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal; however, he did not respond.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant enlisted in the RA in 1984 for the two-year enlistment option and VEAP. There is no evidence in the available record and he did not provide any evidence that shows any other options/promises were made in conjunction with this enlistment. His enlistment contract shows he acknowledged no guarantees were made to him. 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 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) AR20120007304
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ABCMR Record of Proceedings (cont) AR20120007304
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