IN THE CASE OF:	  

		BOARD DATE:	        12 May 2009

		DOCKET NUMBER:  AR20080014446 


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, entitlement to the enlistment bonus in conjunction with the Army National Guard (ARNG) GED (General Education Development) Plus Program.  

2.  The applicant states, in effect, that after doing some research he learned he was eligible for an enlistment bonus for being a non-high school graduate in accordance with the ARNG GED Plus Program for applicants who scored lower than 50 percent on the Armed Forces Qualification Test (AFQT) on his Armed Services Vocational Aptitude Battery (ASVAB) test.   

3.  The applicant provides a copy of memorandum from the ARNG and a copy of a message from the ARNG in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DD Form 4/1(Enlistment/Reenlistment Document, Armed Forces of the United States) which shows the applicant enlisted in the ARNG on 20 November 2007.  

2.  The applicant's record contains a copy of his DA Form 1966 series (Record of Military Processing – Armed Forces of the United States), dated 20 November 2007, which shows in item 11 (Education) that he completed 11 years and 
1 month of high school.  Item 16 (DEP [Delayed Entry Program] Enlistment Date) shows that his AFQT scores were in the 32d percentile.  Item 32 (Specific Option/Program Enlisted for) shows that he enlisted in accordance with appendix A (unit of choice), and that he enlisted for 6 years in military occupational specialty (MOS) 21J (Construction Equipment Operator).  Section VI (Remarks Continuation) shows that he was counseled on all selected reserve incentive programs (SRIP).

3.  The applicant's record contains a Guard Annex (Enlistment/Reenlistment Agreement ARNG, Service Requirements and Methods of Fulfillment), dated 
20 November 2007, which shows in Section VII (Addendums) that the applicant enlisted for the Standard Training Program and was entitled to MOS 21J.  This document also shows both the applicant and the U.S. Army Counselor each authenticated this document by affixing their signatures to the document. 

4.  The applicant's Guard annex contains a copy of a GED Plus Information Form. The "RTC [acronym unknown] Assigned" and "GED Control Number" portion of the form are blank.

5.  On 20 November 2007, the applicant enlisted in the ARNG for a period of 
8 years, in pay grade E-1.  He completed basic and advanced individual training and was awarded MOS 21J.

6.  The applicant submitted a copy of a memorandum from the Departments of the Army and the Air Force, National Guard Bureau (NGB), Arlington, VA, subject:  Enlistment of Non-High School Graduates Under the ARNG GED Plus Program (NGB-ARH-Policy memo 06-2027), dated 7 April 2006, which states that the program is designed to enable Tier III applicants (non-high school graduates) the opportunity to enlist in the ARNG if they meet specific criteria and earn a GED prior to shipment to Initial Entry Training (IET).  All applicants enlisting under this program must acknowledge the requirement to achieve their GED prior to shipment to IET.  The memorandum also states that individuals who enlist as Tier II applicants (non-traditional credential holders) including the GED Plus Program who score a 31 or higher on their ASVAB are fully eligible for ARNG incentives, providing they meet all other criteria. 

7.  In the processing of this case an advisory opinion was obtained from the Acting Chief, Personnel Division, NGB, Arlington, dated 21 November 2008.  The advisory opinion stated that the applicant requests that he receive an enlistment bonus under the GED Plus Program in accordance with NGB policy memorandum 06-027.  The advisory opinion recommended disapproval based on guidance from the Department of Defense Instruction (DoDI) 1205-10; National Guard Regulation 600-7 (SRIP); and NGB-ARM Policy Memorandum 07-06, Subject: ARNG SRIP Guidance for Fiscal Year 2007, 10 August 2007 - 
31 March 2008, dated 10 August 2007.  The advisory opinion also states that in accordance with DoDI 1205.21, chapter 6.2, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and under which advanced payments may be recouped.  The agreement shall clearly specify the terms of the Reserve service commitment that authorizes payment of the incentive to the member.    

8.  The advisory opinion adds that in accordance with National Guard Regulation 600-7, paragraph 1-14a-c, applicants are required to sign documents which specify the eligibility and the term of service for the desired incentive.  The document will contain an acknowledgement that the applicant was advised and understands the benefits of the program and the conditions that can cause suspension, termination, and recoupment if applicable.  These documents will be authenticated by the proper witnessing official and will include the preparation date.  Each incentive program in this regulation specifies the documents required for program eligibility.  All required addenda will be completed at the time of the enlistment/reenlistment or extension.  The advisory opinion concludes by stating that an addendum cannot be completed after the fact in order to gain eligibility for an incentive or the Student Loan Repayment Program.  

9.  On 25 November 2009, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. To date, the applicant has not responded.

10.  National Guard Regulation 600-7 prescribes policies and procedures for the administration of the Army National Guard of the United States (ARNGUS) incentive programs.  This regulation defines a contractual obligation as a period of military service for which a Soldier enters into a voluntary contract.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should receive an enlistment bonus because he was eligible to enlist for the GED Plus Program was carefully considered.

2.  The applicant's Guard annex contains a copy of a GED Plus Information Form.  However, the "RTC Assigned" and "GED Control Number" portion of the form were blank.  Since the form was in the applicant's enlistment packet but was not completed, it is presumed that the applicant was briefed about the program and made an informed decision not to accept the conditions of the program.  The applicant has provided insufficient evidence to show otherwise.

3.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  _____X___  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that 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.
ABCMR Record of Proceedings (cont)                                         AR20080014446



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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