BOARD DATE: 30 September 2014
DOCKET NUMBER: AR20140002949
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 correction of his military records to show he is entitled to receive a signing bonus in the amount of $3,000.00 for enlistment in the U.S. Army Reserve (USAR). He also requests full payment of this bonus.
2. The applicant states he received the first half of the bonus and feels it is unjust that he did not receive the remaining $1,500.00. He contends that he lost his military documents in 2008, but found them in 2012.
3. The applicant provides copies of:
* DD Form 214 (Certificate of Release or Discharge from Active Duty), copies 1 (Member) and 2 (Service)
* DA Form 5261-R (Selected Reserve Incentive Program - Enlistment Bonus Addendum), page 2 of 4 only
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. A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the USAR on 27 February 1997 for a period of 8 years and in the rank of private/pay grade E-1.
3. A DA Form 5261-R, dated 27 February 1997, shows the applicant acknowledged he was enlisting in the USAR with assignment to a high-priority unit authorized a bonus entitlement. The specific unit was identified as Company B, 319th Signal Corps Battalion. The bonus was listed in the amount of $3,000.00. An initial 50 percent payment of $1,500.00 was due upon receipt of his high school diploma, completion of initial active duty training, and military occupational specialty (MOS) qualification. The two subsequent payments of
25 percent each were to be paid upon satisfactory completion of the 2nd and
4th year of his enlistment.
4. In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1 (Personnel Officer), Department of the Army, Washington, DC. It stated the only documents in the applicant's records were those showing his initial enlistment and eligibility to receive a high priority unit bonus. It recommended denial of the applicant's request until such time as he could produce documentation showing he completed his obligation in the USAR.
5. On 16 April 2014, a copy of the advisory opinion was sent to the applicant for his information and opportunity to response. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show he is entitled to receive a signing bonus of $3,000.00 for enlistment in the USAR. He also contends that he only received the first 50 percent payment.
2. The available evidence shows the applicant did indeed enlist in the USAR and was authorized a $3,000.00 bonus payable in three installments. Unfortunately, his military records do not show he completed the service requirements for the second and third payment. Furthermore, he has not provided any documentary evidence showing otherwise.
3. 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 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) AR20140002949
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140002949
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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