BOARD DATE:	  15 May 2014

		DOCKET NUMBER:  AR20130014103 


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 a $17,000.00 enlistment bonus.

2.  She states she was never paid her enlistment bonus.  She filed a pay inquiry form on 9 February 2004, and the response showed that payment was due in March 2004.  She did not receive this payment or any other payments.  

3.  She provides enlistment records, a DA Form 2142 (Pay Inquiry), and bank statements covering periods in 2011, 2012, and 2013.  She states she provided bank statements from January 2004 to the present, but no statements for periods prior to 2011 were received with her application.  

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.  On 19 September 2001, the applicant enlisted in the U.S. Army Reserve Delayed Entry/Enlistment Program (DEP).  

3.  Her enlistment records show she enlisted for training in military occupational specialty (MOS) 77F (Petroleum Supply Specialist) (later converted to MOS 92F); assignment to Fort Drum, NY; and a $17,000.00 bonus.  

4.  On 27 September 2001, she was discharged from the DEP, and she enlisted in the Regular Army on 28 September 2001.  She completed initial entry training, and she was awarded MOS 92F.  

5.  On 16 November 2006, she was honorably released from active duty.

6.  On 29 August 2013, during the processing of this case, a staff member of the Defense Finance and Accounting Service reviewed the applicant's Master Military Pay Account (MMPA) and found the following bonus payments had been made:

* $7,000.00 on 8 March 2002
* $3,333.33 on 8 March 2003
* $3,333.33 on 8 March 2004
* $3,333.33 on 8 March 2005

7.  She provides a DA Form 2142, dated 9 February 2004, showing she inquired about payment of her enlistment bonus.  It was determined that her bonus payment was not due until March 2004.  

8.  The bank statements she provides do not cover any periods during which bonus payments may have been deposited in her account.

DISCUSSION AND CONCLUSIONS:

1.  The applicant claims she did not receive any payments related to her $17,000.00 enlistment bonus; however, her MMPA shows she was paid the full amount of the bonus in four installments.  

2.  The available evidence does not substantiate the applicant's claim.  Therefore, there is no basis upon which to grant the requested relief.  

3.  It is recommended that the applicant review her Leave and Earnings Statements for the months during which bonus payments were made.  These Leave and Earnings Statements should include the bonus payment as a line item in the calculation of her pay.  Information on obtaining Leave and Earnings Statements is available at http://www.dfas.mil/customerservice/lesrequest.html. 

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)                                         AR20130014103





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ABCMR Record of Proceedings (cont)                                         AR20130014103



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