BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017909 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x_____ __x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017909 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. BOARD DATE: 27 April 2017 DOCKET NUMBER: AR20150017909 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 his enlistment bonus (EB). 2. The applicant states, in effect, that he did not received the enlistment bonus and would like his record to reflect that he was authorized payment. 3. The applicant provides his DD Form 214 (Certificate or Release or Discharge from Active Duty). 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 31 May 2007, the applicant enlisted in the Army Reserve Delayed Entry Program (DEP). His Statement for Enlistment states: a. paragraph 1a, in connection with his enlistment in the RA, that he acknowledged that his enlistment in the U.S. Army Reserve obligates him to a total of 8-years of service in the U.S. Armed Forces, including service in the Reserve components, unless sooner discharged by proper authority. Fulfillment of this obligation begins on the date he enlists in the DEP: a. paragraph 2,upon enlistment into the Regular Army (RA), he would enlist under the provisions of Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) for the following program: (1) United States Army Training Enlistment Program (UNCM) (9A). (2) United States Army Incentive Enlistment Program (US ARMY CASH BONUS, 3 YEAR ENLISTED, U.S. ARMY SEASONAL BONUS (HIGH PRIORITY SEAT), IIIA) (9C). b. He had been authorized for MOS 74D (Chemical Operations Specialist) as his field of specialty. c. paragraph 8 (Alcohol and Drug Abuse), noted he understood the Army’s policy on alcohol and drug abuse and that the Army must prevent alcohol and drug abuse in order to perform its mission to defend the U.S., to ensure its combat readiness, and to protect the health and welfare of its Soldiers. Any drug abuse by Soldiers of the U.S. Army is against the law, violates Army standards of behavior and duty performance and will not be tolerated. The illegal use of narcotics, or prescription drugs, or any use of marijuana or other illegal substances by Soldiers can lead to criminal prosecution and /or discharge under other than honorable conditions. 3. On 14 June 2007, the applicant enlisted in the Regular Army (RA) Enlistment Program. His Statement for Enlistment states in: a. paragraph 1a, in connection with this enlistment into the RA, he acknowledged that he was enlisting for the following programs: (1) United States Army Training Enlistment Program (9A); and (2) United States Army Incentive Enlistment Program (US ARMY CASH BONUS, 3 YEAR ENLISTED, U.S. ARMY SEASONAL BONUS (HIGH PRIORITY SEAT), IIIA) (9C). b. paragraph 1b, his enlistment for this program assured him that, provided he meets the required prerequisites, he will received training in military occupational specialty (MOS) or career Management Field (CMF): 74D. c. The date of his enlistment into the RA was scheduled for 14 June 2007. d. He also acknowledged that he was qualified and enlisting for an MOS or CMF that has a cash bonus and that the bonus amount authorized on his enlistment in to the RA will be the amount authorized upon his entry into the DEP. Further, he understood that the bonus for his CMF or MOS on this date is $9000.00 and will be paid in accordance with the Department of the Army (DA) Instruction. e. paragraph 1f, that he understood that upon successful completion of his training, he will be assigned in accordance with the needs of the Army and no guarantee of a specific job has been made. f. paragraph 1g, that his term of enlistment in the RA is 3 years and 21 weeks. g. paragraph 2a,that the incentive above is the U.S. ARMY CASH BONUS and that the BONUS AMOUNT IS $9,000.00 authorized by Headquarters, DA (HQDA), Enlisted Incentive Program, effective 28 May 2007 and will be paid in accordance with the DA Instruction. h. paragraph 3b, he acknowledged, in pertainent part, “I understand I am required to complete all training and term of service associated with the MOS. If MOS or training length changes, I will be required to meet the minimum years of service obligation in associated with the MOS upon completion of training.” i. paragraph 3c, he acknowledged, in pertainent part, “I further acknowledge that if I become disqualified for this enlistment program because of personal conduct, withholding of information that I have within my knowledge that precluded access to special intelligence information, I will be retrained and require to complete my term of enlistment in accordance with the needs of the Army.” 3. The applicant completed initial training, advanced individual training (AIT), and was awarded MOS 74D. 4. On 5 September 2008, the applicant was separated from active duty and received a general discharge due to misconduct – drug abuse. His DD Form 214 shows he completed 10 months and 8 days of net active service with 4 months and 12 days of loss time. 5. In an email from the Defense Finance and Accounting Service (DFAS), dated 3 February 2016, the applicant had no record of an enlistment bonus posted nor paid an enlistment bonus. REFERENCES: 1. Army Regulation 601-210, dated 16 May 2005, Section XXII (Active Enlistment Incentives). a. paragraph 5-83 (General) prescribed policies and instruction on administration of the Enlistment Bonus Program. Enlistment bonuses are used to attract applicants to fill manning levels. b. paragraph 5-84 (Objectives of the EB) stated the enlistment incentives are offered to those enlisted for a specific MOS. c. paragraph 5-86 (Entitlement) stated entitlement to the incentive is contingent on successful completion of training and award of a designated MOS. A Soldier is entitled to the incentive in effect on the date of initial contract in the DEP. 2. Army Regulation 601-210, Section II (Regular Army Enlistment Programs and Options). a. paragraph 9-9 (Enlistment Program 9C, U.S. Army Incentives Enlistment Program (Enlistment Bonus, Army College Fund, Loan Repayment Program), states, in pertainent part, “all enlistees must meet the prerequisites before and after enlistment per DA Pamphlet (DA PAM) 611-21 (Military Occupational Classification and Structure). b. Under this program, enlistees may be eligible for an enlistment bonus. (1) However, under this program, enlistees who voluntarily or because of misconduct, fail to satisfactorily complete advance individual training will be trained in another MOS. (2) They will complete their term of enlistment based upon the needs of the Army, unless separated for administrative or disciplinary reasons. In the above instances, the bonus will not be paid. DISCUSSION: 1. The applicant contends he never received his enlistment bonus. 2. The applicant contracted for a $9,000 cash bonus for enlisting for MOS 74D. Although he completed and was awarded MOS 74D, he did not completed his enlistment due to misconduct. His 10 months and 8 days of active service was characterized as a general discharge, due to drug abuse. 3. DFAS confirms that the applicant was never paid an enlistment bonus. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017909 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017909 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2