2. The applicant requests that his enlistment contract be corrected to show that he was entitled to receive an enlistment bonus under the Selected Reserve Incentive Program.
3. The applicant states that his recruiter verbally promised him an enlistment bonus at the time of his enlistment. He further states that his recruiter was aware that the required educational documents (transcripts) were available to substantiate his entitlement to an enlistment bonus and made no effort to ask for or obtain them. He continues by stating that he did not question it at the time because his recruiter told him that he would receive a bonus after completing his advanced individual training. In support of his application, he submits a copy of his high school GED and a Polk Community College Training Certificate for law enforcement training. He also submits a letter from the FLARNG inspector general (IG).
4. The applicants military records show that he enlisted in the Florida Army National Guard (FLARNG) on 23 October 1993 for a period of 8 years and for training as a unit supply specialist. He successfully completed his initial active duty for training and was honorably released from active duty and transferred back to his unit in the FLARNG on 29 April 1994.
5. A review of the applicants enlistment contract shows that he presented his GED diploma at the time of his enlistment and further indicated that no unwritten promises or guarantees were made to him. There is no indication of any mention of a bonus entitlement contained in his records; however, his enlistment contract does indicate that he attended Polk Community College from 4 April 1992 to 21 September 1992 and that he did graduate.
6. A review of the letter submitted by the applicant from the FLARNG inspector generals office indicates that after consulting with the incentives branch of the FLARNG, it was determined that the courses taken by the applicant at Polk Community College were acceptable under the definition of a high school graduate via college credit and met the SRIP education requirement. It opined that he met the eligibility requirements for the SRIP Enlistment Bonus but the availability of the documents at the time of enlistment could not be determined. It further advised the applicant that his next recourse was to apply to this Board.
CONCLUSIONS:
1. Inasmuch as the applicant indicated on his enlistment contract that he had completed the course of instruction and graduated from the Polk Community College, it is reasonable to presume that the applicant had to rely on the information being provided to him at the time. Therefore, if the recruiter told him not to worry about the transcript from the community college at that time, he had no reason at that point to question the information being given him at the time.
2. It is also reasonable to presume that had the applicant been properly advised that all he had to do to get his bonus was to produce his transcripts, he would have done so. This appears especially true since the applicant completed the course over a year prior to enlisting in the FLARNG.
3. Consequently, it appears that the applicant has been deprived of a benefit that he was otherwise eligible to receive.
4. In view of the foregoing, it would be appropriate to correct the applicants records as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by amending the 23 October 1993 enlistment contract of the individual concerned to reflect that he was entitled to receive a bonus under the SRIP.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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