IN THE CASE OF:  	  

		BOARD DATE:  24 February 2015	  

		DOCKET NUMBER:  AR20140008895 


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, correction of his record to show he was authorized a reenlistment bonus (RB) when he reenlisted in 1995 and in 2001 and payment of the bonuses.

2.  He states that when he reenlisted on 21 November 2001, he was qualified in military occupational specialties 91B (Medical Specialist)/91W (Healthcare Specialist) (later converted to MOS 68W (Healthcare Specialist)).  According to the Selected Reserve Incentive Program (SRIP) list dated 4 October 2001, both MOS 91B and 91W were eligible for a $5,000.00 RB; however, it was not offered to him.  He believed his retention noncommissioned officer's statement that there was no RB available at the time, and he reenlisted without it.  After his reenlistment, he talked with a few fellow Soldiers who said he was supposed to receive an RB.  No one knew how to correct the mistake.  During recent retention counseling, a copy of the SRIP that supports his request was located.  He states, in effect, that he may also have been eligible for an RB in 1995.

3.  He provides:

* self-authored statements
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* memorandum, subject:  SRIP List Effective 1 October 2001 through 31 December 2001, with enclosures


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 Regular Army on 12 November 1987.  After completing initial entry training, he was awarded MOS 91A (Medical Specialist).  On 9 November 1989, he was honorably released from active duty and transferred to a U.S. Army Reserve (USAR) Troop Program Unit (TPU).

3.  On 24 November 1995, he reenlisted in the USAR for a period of 6 years.  The available records are void of documentation showing he was offered or accepted an RB at that time.

4.  On 21 November 2001, he reenlisted in the USAR for a period of 6 years.  He executed a DA Form 5261-4-R (Student Loan Repayment Program (SLRP) Addendum) in conjunction with his reenlistment.  The available records are void of documentation showing he was offered or accepted an RB at that time.

5.  Noncommissioned Officer Evaluation Reports covering his service subsequent to his reenlistment on 21 November 2001 show he held MOS 91W/68W throughout the 6-year reenlistment period.

6.  He is currently serving in a USAR TPU as a sergeant/E-5 in MOS 09U (Unqualified in Authorized Army MOS).

7.  His military pay records are not available for review.  

8.  During the processing of this case, on 30 May 2014, the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, provided an advisory opinion.  The advisory official states the applicant reenlisted on 21 November 2001 for 6 years and for MOS 91B with no incentive option.  No record exists of a bonus payment.  The SRIP list in effect when he reenlisted shows a $5,000.00 RB was authorized for MOS 91B.  His contract is erroneous because it does not reflect this incentive.  The advisory official recommends granting relief and paying the $5,000.00 bonus.  

9.  On 8 June 2014, the applicant responded to the advisory opinion.  He states, in effect, that in addition to a $5,000.00 RB for his reenlistment in 2001, he should also have received a $5,000.00 RB for his reenlistment in 1995.

10.  Army Regulation 135-7 (Incentive Programs), in effect when the applicant reenlisted in 1995, prescribes policies and procedures for the administration of the Army National Guard and USAR incentive programs, including the SRIP.  It stated, in pertinent part, that a Soldier with at least 6 to 10 (exactly) years of total military service at current expiration term of service (ETS), who reenlisted within 3 months before, or 24 hours after, ETS for 6 years was entitled to a bonus of $2,500 payable in increments over the course of the period of reenlistment.  To be eligible for the bonus, a Soldier was required to reenlist for a valid position vacancy in a designated unit or MOS authorized for award of an immediate reenlistment or extension bonus and to meet several other criteria.  The list of bonus eligible units and MOS's in effect in 1995 is not available for review.

11.  In a memorandum, subject:  SRIP List Effective 1 October 2001 through 31 December 2001, dated 4 October 2001, the Chief, Personnel Division, Office of the Chief, Army Reserve, provided the eligibility criteria for the RB for the period 1 October through 31 December 2001.  Enclosure 2 was to be used to determine eligibility for the $5,000.00 RB for the period 13 October to 31 December 2001.  It shows an RB was authorized for MOS 91B/91W.

12.  The doctrine of laches is defined by Black's Law Dictionary, sixth edition, as the neglect to assert a right or claim which, taken together with lapse of time and other circumstances causing prejudice to the adverse party, operates as a bar in a court of equity.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant reenlisted in the USAR on 21 November 2001 for 6 years in MOS 91B.  His record shows he served in MOS 91W/68W during this reenlistment period.  He was authorized a $5,000.00 RB; however, there is no evidence indicating he received this bonus.  In light of the available evidence and the advisory official's favorable recommendation, it would be appropriate to correct his record to show he reenlisted for an RB on 21 November 2001 and to pay him the $5,000.00 RB.

2.  More than 19 years have elapsed since his 1995 reenlistment, and the available records are an insufficient basis upon which to determine if he was eligible for an RB or whether or not he actually received the RB.  An arbitrary ruling in his favor without knowing the exact circumstances of what happened at the time and what his complete finance records would have shown would cause prejudice to the Government.  Further, the ABCMR is not an investigative body.  Had he applied to the ABCMR in a timely manner, an equitable decision could possibly have been made in his case.  However, since more than 19 years have passed since he reenlisted in 1995, the doctrine of laches is invoked.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___ GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting his record to show he reenlisted for an RB on 21 November 2001 and paying him the $5,000.00 RB.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to an RB for his reenlistment on 24 November 1995.



      _______ _  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)                                         AR20140008895





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140008895



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1