IN THE CASE OF: BOARD DATE: 28 February 2012 DOCKET NUMBER: AR20110017399 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 reenlistment bonus. 2. The applicant states he was never paid the reenlistment bonus he was promised in connection with a 6-year reenlistment in Korea in 1970. 3. The applicant provides his 15 July 1970 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and 16 May 1979 DD Form 214 (Report of Separation from Active Duty) in support of his 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. The applicant enlisted in the Regular Army for 2 years on 10 February 1969 and was trained in and awarded military occupational specialty 76P (Stock General Accounting Specialist). 3. On 15 July 1970 while serving in Korea, the applicant was honorably discharged for the purpose of immediate reenlistment. The DD Form 214 he was issued at the time shows he completed 1 year, 5 months, and 6 days of active military service and held the grade specialist four/E-4. 4. The applicant's Military Personnel Records Jacket (MPRJ) contains a DD Form 4 (Enlistment Contract-Armed Forces of the United States) documenting his 16 July 1970 reenlistment for 6 years. A DA Form 3286-22 (Statement for Enlistment) prepared during the reenlistment process shows in item 2 that the only spoken and written promise made to the applicant in conjunction with this reenlistment was his present duty assignment. The applicant and reenlistment noncommissioned officer authenticated this document with their signatures on 16 July 1970. 5. The applicant continuously served on active duty through reenlistments until 16 May 1979 at which time he was honorably discharged in the rank of specialist five/E-5 after completing a total of 10 years, 3 months, and 7 days of active military service. 6. Army Regulation 601-280 (Army Retention Program) sets forth policies and command responsibilities for immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army. The regulation contains guidance on the completion of statements for enlistment and states, in effect, the form is designed to preclude the possibility of erroneous reenlistments, broken reenlistment commitments, and misunderstandings concerning entitlements, assignments, and other matters relating to the reenlistment contract. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to be paid a reenlistment bonus for his 1970 reenlistment had been carefully considered. However, there is insufficient evidence to support the claim. 2. The record contains a DA Form 3286-22 completed during the applicant's reenlistment processing in 1970 that confirms the only spoken and written promise in conjunction with the reenlistment was for his present duty assignment. The applicant signed this document confirming the terms of the reenlistment. 3. There is no evidence of record or independent evidence submitted by the applicant supporting his assertion that he was promised a reenlistment bonus. As a result, there is an insufficient evidentiary basis to support 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) AR20110017399 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110017399 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1