APPLICANT REQUESTS: That he be given the enlistment bonus which he was promised at the time of his enlistment.
APPLICANT STATES: A bonus addendum was included in his enlistment contract.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the USAR in pay grade E-1 with no prior service on 24 August 1993. At that time he completed an addenda to his enlistment contract for a $2000.00 cash bonus, the Student Loan Repayment Program (SLRP), and the Montgomery G.I. Bill (MGIB), an educational assistance program.
He completed his initial active duty for training, was awarded the military occupational specialty (MOS) of signal support systems specialist, and was advanced to pay grade
E-4.
On 8 June 1995 the applicant was notified by his commander that he was erroneously promised an enlistment bonus, as neither the unit for which he enlisted nor the MOS for which he was trained was approved for a bonus. His commander told him that he had to choose between remaining assigned to the unit without the bonus or being discharged. The applicant chose to be discharged.
Accordingly, on 14 October 1995 the applicant was honorably discharged from the USAR by reason of defective enlistment.
Army Regulation l35-7 only authorizes SRIP bonuses for nonprior service USAR enlistees and for reservists who are in an active status who either enlist or reenlist, as appropriate, in either a critical MOS or a critical unit, as designated by the Department of the Army, for at least 6 years.
Army Regulation 135-178, paragraph 9-10, provides for the discharge of a reservist who is the subject of a material misrepresentation by his or her recruiter in that a commitment has been made to the reservist which the reservist is not qualified to receive.
The Comptroller General of the United States has ruled in similar cases that although a service member may have been misinformed about his entitlements, the Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant was not eligible for a bonus when he enlisted in the USAR since neither his unit nor his MOS was on the list of those approved for a bonus.
2. Although the applicant was erroneously told that he would receive a bonus, the fact remains that his MOS was not on the SRIP list. Accordingly, to grant the applicants request would give him a benefit not afforded others in similar situations.
3. In addition, the applicant chose to be discharged due to his defective enlistment. It is the opinion of the Board that his discharge satisfied all claims against the Government in regards to his broken enlistment commitment.
4. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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