IN THE CASE OF:  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110022046 


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 the remainder of his reenlistment bonus.

2.  The applicant states that when he reenlisted on 21 December 1966, the finance clerk told him they didn't pay him the amount that was due.  The finance clerk asked the noncommissioned officer in charge (NCOIC) at Camp Casey if he could pay the applicant and the NCOIC said, "No."

3.  The applicant provides a copy of his 21 December 1966 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

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, now a retired Regular Army sergeant first class/E-7, was inducted into the Army of the United States on 30 October 1958.  He was released from active duty on 28 October 1960.

3.  The applicant enlisted in the Regular Army on 22 November 1960.  On 22 December 1966, he was discharged for the purpose of immediate reenlistment.  The DD Form 214 he was issued at the time shows he completed 6 years and 1 month of active military service and held the rank/grade of specialist four/E-4.  Item 32 (Remarks) shows:

* Last paid reenlistment bonus:  One
* Total amount of bonus received on or subsequent to 1 October 1949:  $733.80

4.  The applicant's official military personnel file contains:

	a.  A DD Form 4 (Enlistment Contract – Armed Forces of the United States) documents his 22 November 1960 Regular Army enlistment for 4 years.  A FAR Form 23 (Statement of Applicant) prepared during the enlistment process shows in Part II that the following promises, both oral and in writing, were made in connection with his enlistment:

* authorized to enlist as private/E-2 to be promoted to specialist four/E-4
* his assignment in Army Career Group 15
* no other promises were made to him, written or oral

	b.  A DD Form 4 documents his 22 December 1966 reenlistment for 6 years.  A 7D Form 75 (Enlistment Statement) prepared during the reenlistment process shows there were no promises, either oral or in writing, made to the applicant in conjunction with his enlistment.  The applicant and reenlistment NCO authenticated this document with their signatures.

5.  The applicant served continuously on active duty through several reenlistments until 30 November 1979 when he retired.

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 22 December 1966 DD Form 214 shows the remark "Total amount of bonus received on or subsequent to 1 October 1949:  $733.80."  However, now, more than 45 years later, there is no evidence in his reenlistment documents of any promise of a reenlistment bonus.

2.  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



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ABCMR Record of Proceedings (cont)                                         AR20110022046



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