IN THE CASE OF:	  

		BOARD DATE:	  23 July 2013

		DOCKET NUMBER:  AR20120022451 


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, in effect, payment of an enlistment bonus.

2.  The applicant states:

* his enlistment agreement was for airborne infantry with a bonus not basic infantry
* he signed documents but never received the signing bonus
* the Miami Military Entrance Processing Station made errors in his enlistment documents 
* he believed he would receive the bonus after he was discharged
* he later lost the original paperwork and talked with several recruiters who were unable to assist him

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* DA Form 3286-59 (Statement for Enlistment – U.S. Army Enlistment Option – U.S. Army Delayed Entry Program (DEP))
* DA Form 3286-60 (Statement for Enlistment – U.S. Army Enlistment Options)
* DA Form 3286-61 (Statement of Understanding – Army Policy)
* Bachelor of Arts diploma
* Congressional correspondence

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 U.S. Army Reserve (USAR) DEP for 8 years on 24 October 1989.  On 8 January 1990, he was discharged from the DEP for immediate enlistment in the Regular Army.  He enlisted in the Regular Army for 2 years and 14 weeks on 9 January 1990.

3.  Item 43 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) of the applicant's DD Form 1966 shows the applicant chose the following options upon his enlistment in the DEP:

* Option 9-26, U.S. Army Two-Year
* Option 9-28, U.S. Army College Fund

4.  Item 1d(1) (Acknowledgement) of the applicant's DA Form 3286-59 states:

Upon enlistment into the Regular Army, I will be enlisted under the provisions of Army Regulation 601-210 [Regular Army and Army Reserve Enlistment Program], option or options as indicated below:

* Option 9-26 – U.S. Army Two-Year
* Option 9-28, U.S. Army College Fund

5.  Item 1d(2) of his DA Form 3286-59 states:

If enlisting for an Army school course I have been assured of attending the school course for MOS [military occupational specialty] or CMF [career management field]:  11 IN [Infantry] CMF 11 – Title:  Infantryman.

6.  Item 1d(9) of his DA Form 3286-59 does not show a cash bonus amount.

7.  Item 2 of the applicant's DA Form 3286-60 shows he enlisted for the following options:

* Option 9-26 – U.S. Army Two-Year Enlistment
* Option 9-28 – U.S. Army College Fund Enlistment

8.  Item 2d(2) of the applicant's DA Form 3286-60 shows the entry "N/A [not applicable]" for Option 9-4 – U.S. Army Airborne Enlistment Option.

9.  Option 9-28 of the applicant's DA Form 3286-60 also shows he acknowledged he was automatically enrolled in the GI Bill and he would be awarded up to $8,000.00 for his 2-year enlistment.

10.  On 15 April 1992, the applicant was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).  His DD Form 214 shows he completed 2 years, 3 months, and 7 days of creditable active military service.

11.  On 19 February 2013, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory official recommended denial of the applicant's request and stated the incentives message in effect when the applicant joined the DEP showed no enlistment contract of less than 4 years was authorized an enlistment bonus at that time.  As a result, the applicant would not have qualified for a bonus, whether airborne or not.

12.  On 22 February 2013, the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal.  On 26 February 2013, the applicant responded through his Congressman and provided copies of his DA Form 3286-59.  He stated the bonus was for $7,000.00 on the original form and could be seen.  Further, others with whom he served received the same amount for the same 2 years 14 months.

13.  The applicant provides extracts of his enlistment documents and a copy of his bachelor's degree certificate.

14.  Army Regulation 601-210, in effect at the time, provided policies and procedures to process applicants into the Regular Army, DEP, and USAR.

	a.  Enlistment Option 9-26 (U.S. Army 2-Year Enlistment Option) guaranteed an applicant's training MOS.

	b.  Option 9-28 (U.S. Army College Fund Program) provided additional money for educational assistance under the All Volunteer Force Educational Assistance Program.  The money earned was deposited in the person's Veteran's Administration (VA) account.  The funds would normally be dispersed to the participant in 36 equal monthly increments while the person was enrolled in an approved program of education.

15.  Headquarters, Department of the Army, message, dated 20 September 1989, subject:  Enlisted Incentives Program Change Effective 26 September 1989, shows:

* public law limited any contract of less than 4 years to a maximum bonus of $4,000.00 and limited the maximum bonus for any one individual to $8,000.00
* a bonus was not authorized for any 2-year enlistment
* an applicant credited with 30 semester hours of education was authorized an additional $1,000.00 and additional money with more semester hours

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the USAR for 8 years in MOS 11B.  It does not show he elected the airborne enlistment option.

2.  He volunteered to serve on active duty for 2 years and 14 weeks for the Army College Fund and Montgomery GI Bill education incentives.

3.  At the time of his enlistment, there were no cash bonuses authorized for enlistment terms of 2 years.

4.  The applicant is mistaken in believing he was entitled to a lump sum of $7,000.00.  Rather, he was entitled to $8,000.00 in educational assistance disbursed by the VA.

5.  In view of the above, there is no basis for granting 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)                                         AR20120022451



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ABCMR Record of Proceedings (cont)                                         AR20120022451



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