Mr. Carl W. S. Chun | Director | |
Mr. Edmund P. Mercanti | Analyst |
Mr. Fred N. Eichorn | Chairperson | |
Ms. Margaret V. Thompson | Member | |
Mr. Eric N. Andersen | Member |
APPLICANT REQUESTS: In effect, that a bonus addendum be added to his enlistment contract.
APPLICANT STATES: Although his unit was authorized a bonus, his recruiter failed to have him complete a bonus addendum. He explains that he was sold on the idea of enlisting in the Army National Guard (ARNG) by the $8,000.00 cash bonus, the Montgomery G.I. Bill (MGIB), the MGIB Kicker, and college tuition. He trusted his recruiter to complete the necessary paperwork, which the recruiter obviously did not do.
In support of his request, he submits a memorandum from his battalion commander who confirms that the applicant’s unit was a bonus unit at the time of his enlistment, and states that the recruiter may not have known about the bonus since the recruiter was not the normal recruiter for the applicant’s unit.
The applicant also submits a list of units approved for an $8,000.00 cash bonus from 1 October 2000 to 31 March 2001. The applicant’s unit is contained on that list.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the ARNG with no prior service on 13 March 2001. In conjunction with his enlistment, he completed a DD Form 1966/3. The applicant signed in the blocks indicating his acceptance of the free life insurance policy and the MGIB. One of the two blocks between them state “I understand that I am eligible for the Enlistment Cash Bonus.”
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. An enlistment bonus is an incentive, not an entitlement. If it were an entitlement, the applicant would not be petitioning the Board. As such, the fact that the applicant’s unit was approved for a bonus does not establish a requirement to pay him that bonus.
2. While the applicant states that he was told by his recruiter that he would receive a bonus, he has not submitted any evidence to support his allegation.
3. The applicant signed a form in several places which contained the block indicating that a bonus was selected. It would appear reasonable that the applicant would have seen that block and questioned his recruiter as to why he wasn’t signing it if he was to receive a bonus.
4. As such, it would appear that the applicant’s recruiter simply did not offer the applicant a bonus. When the applicant later learned that he belonged to a unit which was entitled to a bonus, he submitted an application to the Board.
5. In view of the foregoing, there is no basis for granting the applicant's 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
__mvt___ ____fne__ ____ena_ DENY APPLICATION
CASE ID | AR2003083899 |
SUFFIX | |
RECON | YYYYMMDD |
DATE BOARDED | 20030515 |
TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
DATE OF DISCHARGE | YYYYMMDD |
DISCHARGE AUTHORITY | AR . . . . . |
DISCHARGE REASON | |
BOARD DECISION | DENY |
REVIEW AUTHORITY | |
ISSUES 1. | 128.05 |
2. | |
3. | |
4. | |
5. | |
6. |
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