MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 February 1999                   
	DOCKET NUMBER:   AR1998013504

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Charles H. Lounderman		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John Saputo		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, payment for the reenlistment bonus he did not receive and the reenlistment leave he did not take when he reenlisted in 1943.

APPLICANT STATES:  His company commander should have discussed it with him but did not.  He was one of the better soldiers over there.  He also needs the money.

EVIDENCE OF RECORD:  The applicant's military records show:

He enlisted in the Regular Army on 5 May 1938.  He was honorably discharged on 9 September 1940 for the purpose of immediately reenlisting on                    10 September 1940 for a period of 3 years.  He arrived in the European Theater of Operations (ETO) on 8 November 1942.  There is no record of his reenlistment in September 1943.  He departed the ETO on 22 June 1945 and was honorably discharged on 22 August 1945.

The fact that the applicant’s “reenlistment” of September 1943 is not available is not unusual.  The standard policy during World War II was not to “reenlist” a soldier but to extend his current enlistment for the duration of the conflict.

“Reenlistment leave” during wartime/battle conditions is also standard policy – leave will be taken only when conditions permit and at the commander’s discretion.

There is no evidence to show the applicant was due a “reenlistment bonus.”

Title 32, U. S. code, section 3702, prohibits the Government from paying a claim unless it is received by the Comptroller General within 6 years after the claim accrues.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  At this late date there is no evidence to show that the applicant was due either a “reenlistment leave” or a “reenlisment bonus.”  Even if there were evidence, it would be impossible to offer the applicant his leave now; the only recourse being to pay him for the leave he did not take.  However, the Government would be prohibited from paying either the “reenlistment leave” or the “reenlistment bonus” claim at this time because the 6-year statute of limitations has been exceeded.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__CHL___  __FNE___  __JS____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998013504	
SUFFIX		
RECON		
DATE BOARDED	19990217	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	128.00	
2.		
3.		
4.		
5.		
6.