IN THE CASE OF:	  

	BOARD DATE:	  12 June 2008

	DOCKET NUMBER:  AR20070012415 


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, in effect, that his enlistment contract be honored and that he be paid the enlistment bonus and Montgomery GI Bill (MGIB) Kicker that he contracted for at the time of his enlistment in the Connecticut Army National Guard (CTARNG). 

2.  The applicant states, in effect, that he was promised a $20,000 enlistment bonus and the MGIB Kicker at the time he enlisted in the CTARNG and that after returning from his initial active duty training (IADT), he was informed that he was not entitled to either one.  Additionally, the addendum for his enlistment bonus was removed from his contract without his knowledge.  He goes on to state that originally, he enlisted in the CTARNG in 2002 and was not allowed to ship to IADT because he tested positive for tuberculosis (TB) and was subsequently discharged for failure to report to IADT.  He further states that it took him 2 years to prove he was healthy and did not have TB before he was again allowed to enlist in the CTARNG.  He also states that he has honored every aspect of his contract and expects the Army to honor it’s part of the contract. 

3.  The applicant provides a letter of explanation of his application, a copy of his enlistment contract, a copy of a memorandum published by the National Guard Bureau (NGB) regarding National Guard Selected Reserve Incentive Program (SRIP) Guidance, a memorandum published by the NGB regarding MGIB Kicker Program Policy, a letter from the CTARNG Inspector General (IG), and medical documents showing that he did not have TB.


CONSIDERATION OF EVIDENCE:

1.  The applicant initially enlisted in the CTARNG on 9 October 2002 for a period of 8 years under the 6x2 enlistment option, training as a motor transport operator, a $3,000 enlistment bonus and a $3,000 critical skills bonus.  He was assigned to an engineer company in Rockville, Connecticut and was scheduled to report to the Military Entrance Processing Station (MEPS) to depart for IADT at Fort Leonard Wood, Missouri on 5 August 2003.  At the time of his enlistment, his Armed Forces Qualification Test (AFQT) percentile was 31.   

2.  The applicant tested positive for TB and was not allowed to ship for IADT and on 13 January 2004, he was discharged under the provisions of National Guard Regulation (NGR) 600-200 for failure to report to IADT.  His service was uncharacterized and his National Guard Bureau (NGB) Form 22 indicates that there was no SRIP action.  The applicant was issued a Reenlistment Eligibility (RE) Code of RE3, indicating that a waiver was required to reenlist.    

3.  On 30 June 2006, the applicant again enlisted in the CTARNG with an approved waiver, for a period of 6 years, assignment to a CTARNG Engineer Company in Stratford, Connecticut, training as a combat engineer, a $20,000 enlistment bonus, the MGIB, and the MGIB Kicker at the $200.00 rate.  His AFQT percentile at that time was 54.  

4.  The applicant was ordered to IADT on 14 August 2006 and proceeded to Fort Leonard Wood, Missouri, where he completed his one-station unit training (OSUT) as a combat engineer and was honorably released from active duty for training on 1 December 2006 and was transferred back to his CTARNG unit.

5.  On 10 August 2007, in response to an IG action request (IGAR) submitted by the applicant in regards to his enlistment contract and bonus, the CTARNG IG informed the applicant that he had been improperly advised of his entitlement to a bonus, through no fault of his own and recommended that he apply to this Board for relief.

6.  A review of the applicant’s official records show that his enlistment contracts are present and indicate that a bonus and MGIB Kicker addendum was prepared and attached to the contract; however, the addendum regarding the enlistment bonus is not filed in his records.

7.  In the processing of this case a staff advisory opinion was obtained from the NGB which recommends that the applicant be paid his $20,000 enlistment bonus because the applicant’s enlistment status was changed from a Non-Prior Service (NPS) applicant to a Glossary Non-Prior Service (GNPS) applicant after he had signed his contract, at no fault of the applicant.  Officials at the NGB went on to state that Enlistment Criteria Memorandum, dated 7 September 2006, changed the definition of NPS to include applicant’s who enlisted in the Army National Guard (ARNG) but failed to ship to IADT.  These applicants were previously considered GNPS.  The advisory opinion was provided to the applicant and he concurred with the opinion as written.

8.  The ARNG GI Bill Kicker Program Policy published by the NGB on 21 October 2005 provides, in pertinent part, that the ARNG GI Bill Kicker is an additional benefit to the Reserve or Active Duty GI Bill Benefit, not an entitlement, to encourage the enlistment and retention of quality applicant/service members into critical skills or units.  Applicants/Service Members must apply for and qualify to receive this additional benefit.  Any Reserve Component (RC) can only establish kicker eligibility one time.  Applicants/Service Members who previously contracted for the Kicker in any Reserve Component are not eligible to contract for the ARNG GI Bill Kicker.  Applicant must attain a test score of 50 or higher on the Armed Forces Vocational Aptitude Battery (ASVAB).      

DISCUSSION AND CONCLUSIONS:

1.  While the applicant did enlist in the CTARNG in 2002, he never shipped to his basic or advanced individual training due to testing positive for TB, a condition that was beyond his control at the time and resulted in his being discharged in January 2004.  Therefore, his involvement in the ARNG was minimal at best and no SRIP benefits were expended during that enlistment.    

2.  At the time the applicant enlisted in the CTARNG in 2006, he contracted for specific training, a $20,000 enlistment bonus, the MGIB and the MGIB Kicker; however, subsequent to the applicant signing his contract, his addendum for the enlistment bonus was removed from his contract for reasons that are not apparent and were not filed on his Official Military Personnel File (OMPF).  

3.  The applicant successfully completed the training for which he contracted and when he returned from IADT he was informed that he was not eligible to receive the BONUS due to misinterpretation of the policy by the NGB and that he was not entitled to the MGIB Kicker because he had been previously enrolled in that program. 

4.  In any event, the applicant fulfilled his obligations in regards to his enlistment bonus and it appears that he meets the intent of the criteria for enlistment bonuses for critical skills.  Accordingly, it would be in the interest of justice to pay the applicant the $20,000 enlistment bonus he was promised.

5.  In regards to the applicant’s MGIB Kicker, the applicant did not make the minimum qualifying score for the MGIB Kicker Program during his first enlistment and there is no evidence that he enlisted for the program during his first enlistment in the CTARNG.  Accordingly, there is no basis to deny him award of the MGIB Kicker for his current enlistment and he therefore should be paid it when he applies for it in accordance with the terms of his contract. 

6.  While it is understood that administrative errors do occur, the Department has an equal obligation to honor any contracts it makes with its Soldiers and it is incumbent on the Department to ensure that all attempts to satisfy a contractual agreement are made that are mutually beneficial to both parties.  It appears that the applicant meets the intent of both the bonus and the MGIB Kicker Program in that he was never qualified to perform any duties in the CTARNG until he received the prerequisite IADT.  Accordingly, it would be in the interest of justice to honor the applicant’s enlistment contract by paying him both his enlistment bonus and MGIB Kicker benefits.   

BOARD VOTE:

__XXX __  __XXX__  __XXX__   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that the applicant is qualified to receive his $20,000 enlistment bonus and his MGIB Kicker as indicated in his enlistment contract dated 30 June 2006 and by paying him those benefits in accordance with his contract.  Additionally, these proceedings may serve as authorization to entitle the applicant to both or either benefits, if needed. 
  
      ___        XXX                ___
                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)                                         AR20070012415



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ABCMR Record of Proceedings (cont)                                         AR20070012415



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