IN THE CASE OF:	  

		BOARD DATE:	  20 June 2013

		DOCKET NUMBER:  AR20120018008 


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 Army National Guard (ARNG) prior-service enlistment bonus (PSEB) for military occupational specialty (MOS) 94B (Food Service Operations) in the amount of $15,000.00.

2.  He states he signed a 6-year contract in 2007 for a $15,000.00 PSEB, but was denied payment.  He adds he was told he had too many years of service and did not qualify for the bonus.  He maintains it is an injustice not to receive the bonus because he served his time and had 10 months left on his contract.

3.  He provides his 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.  After 2 years of prior service in the U.S. Marine Corps (USMC), he enlisted in the Massachusetts Army National Guard (MAARNG) on 26 September 1977.

3.  The applicant's records do not contain a U.S. Army Reserve (USAR) Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) that captures his entire military service.  However, his DA Form 2-1 (Personnel Qualification Record – Part II) and his 
ARPC Form 249-E, dated 11 June 2013, show the following periods of service and his status:

* 28 March 1976 to 29 March 1974, USMC, 2 years
* 29 March 1976 to 25 September 1977, USMC Reserve, 1 year, 5 months, and 28 days
* 26 September 1977 to 25 September 1978, MAARNG, 1 year 
* 25 September 1978 to 28 March 1980, USAR Control Group, 1 year, 6 months, and 3 days
* 29 March 1980 to 15 February 1982, no status
* 16 February 1982 to 15 February 1983; MAARNG, 1 year 
* 16 February 1983 to 26 March 1985, no status
* 27 March 1985 to 26 March 1987, MAARNG, 2 years 
* 27 March 1987 to 12 March 1991, no status
* 13 March 1991 to 1 April 1992, MAARNG, 1 year and 19 days
* 2 April 1992 to 10 August 1995, USAR Control Group (Reinforcement), 3 years, 4 months, and 9 days
* 11 August 1997 to 10 August 2000, MAARNG, 3 years
* 11 August 2000 to 5 June 2002, no status
* 6 June 2002 to 9 August 2007 (date of reenlistment), MAARNG, 5 years, 2 months, and 3 days
* Total:  21 years, 7 months, and 2 days of military service

4.  His Reserves Annex (Certificate and Acknowledgment – USAR – Service Requirements and Methods of Fulfillment), section IX (Addendums), to his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows three addenda were attached, to include the PSEB Addendum.  In the PSEB Addendum, section V (Entitlement), the applicant indicated he was eligible for a PSEB.  He stated:  "I have less than 16 years of military service and I am enlisting for 6 years for a bonus of $15,000.00."

	a.  The initial payment will be 50 percent of the total bonus amount listed above (less taxes) at time of enlistment.  The remaining amount will be paid, in pertinent part, as follows:

	b.  For a 6-year enlistment, payments of 25 percent of the total bonus amount will be paid at the end of his second and fourth year of satisfactory service in a USAR Selected Reserve Unit.

5.  On 18 April 2013, Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch, ARNG, denied the applicant's request for a PSEB in the amount of $15,000.00.  The official stated that under Title 37, U.S. Code, section 308i, a bonus may only be paid to a person who has no more than 16 years of total military service.  He added that records indicated the applicant had over 21 years of service at the time of his enlistment.  Therefore, cancellation of his bonus was the correct course of action.

6.  On 22 April 2013, the advisory opinion was forwarded to the applicant for his acknowledgement and/or rebuttal, but he did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The applicant argues that it was an injustice to deny him the PSEB of $15,000.00 contained in his enlistment contract.

2.  The evidence of record shows the applicant enlisted in the MAARNG on 26 September 1977.  In his enlistment contract he indicated he had less than 16 years of military service.  However, the evidence of record shows he had over 21 years of military service at the time of enlistment.  Therefore, he was not eligible to receive the PSEB.

3.  The fact that he has served over 5 years of his 6-year contract is not sufficiently compelling to justify granting him the bonus.  The bonus addendum stated the initial payment would be 50 percent of the total bonus amount at the time of enlistment.  Therefore, he should have been aware that he was ineligible for the bonus when he failed to receive his initial payment of $7,500.00 at the time of his enlistment.

4.  In view of the above, the applicant's request should be denied.


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)                                         AR20120018008



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ABCMR Record of Proceedings (cont)                                         AR20120018008



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