IN THE CASE OF:	  

		BOARD DATE:	        5 May 2009

		DOCKET NUMBER:  AR20080017829 


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 she be paid a prior service enlistment bonus under the Selected Reserve Incentive Program (SRIP).

2.  The applicant states, in effect, that when she enlisted in the Army National Guard (ARNG) she was eligible for the SRIP and Student Loan Repayment Program (SLRP).  She contends that she had eligible subsidized student loans at this time and that she was told by her recruiter that when she reclassified into a new military occupational specialty (MOS) all bonuses and enlistment incentives (including SRIP) would be applied to her contract at that time.  She goes on to state that after she returned home from training she planned to reclassify to MOS 97E (human intelligence collector), that she re-took the Defense Language Aptitude Battery and scored 100, and that she called her recruiter.  She contends that her recruiter's response was, "I'm sorry if there was a misunderstanding, you aren't eligible for a bonus until you reenlist."

3.  The applicant provides an electronic mail message, a promissory note, her enlistment contract, and a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of her application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG on 14 April 2005 for a period of 8 years for MOS 96B (intelligence analyst).  Her enlistment contract does not contain a DA Form 5261-5-R (Selected Reserve Incentive Program - Prior Service Enlistment Bonus Addendum).  Section B (Agreements) of her enlistment contract does not show that she enlisted for the SRIP or the SLRP.  The applicant initialed item 8c in section B on this contract which states, "The agreements in this section and attached annex(es) are all the promises made to me by the Government.  ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED."

2.  In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Division, National Guard Bureau (NGB).  The officer points out that the applicant's enlistment contract does not contain any documents to indicate that she was authorized benefits under the SRIP at the time she enlisted in the ARNG, that there are no annexes attached to her enlistment contract which promise SRIP benefits, and that the applicant certified that the enlistment contract contained all agreements and promises made by the Government.

3.  The opinion states that the non-prior service (NPS) enlistment bonus is a one-time opportunity that is only authorized to enlistees on their initial enlistment if they enlist into a critical skill MOS as detailed in the SRIP policy guidance.  The policy in effect at the time of the applicant's enlistment, SRIP Policy 
Number 05-02, paragraph 5a(2), states, in pertinent part, "A $10,000 Enlistment Bonus will be offered to NPS enlistees if they enlist into one of the "ARNG TOP 10" critical skill MOS's approved by NGB-ARM and identified by each state as necessary to support Operation Iraqi Freedom."  The applicant enlisted for MOS 96B, which is not listed as a critical skill qualifying for the aforementioned bonus.

4.  The opinion states that the applicant is eligible for the SLRP at any time that she enlists or extends for a period that will provide a minimum of 6 years of service from the date of the SLRP contract, provided she meets all the criteria in the current SRIP.  However, under the current SRIP the SLRP is a one-time benefit, so the applicant must ensure she requests payment on all loans eligible under the program at one time.  According to the current policy, SRIP Policy Number 07-06, paragraph 14a, "Prior Service applicants may enlist, and current ARNG Soldiers may extend at any time, for a term of service of not less than 6 years in order to establish SRLP eligibility."  The opinion recommended that the applicant contact her unit career counselor to obtain all pertinent information related to reenlistment or extension of enlistment in her duty MOS to ensure any actions are synchronized to offer her the optimal bonus opportunity.  If the applicant extends her enlistment to obtain SLRP benefits, it will delay her reenlistment window of opportunity for several years.

5.  On 19 February 2009, a copy of the advisory opinion was provided to the applicant for comment or rebuttal.  The applicant did not respond within the given time frame.
6.  Paragraph 5a(2) of Fiscal Year 2005 SRIP Policy Guidance for 14 December 2004-30 September 2005, Policy Number 05-02, dated 14 December 2004, states, in pertinent part, that, "A $10,000 Enlistment Bonus will be offered to NPS enlistees if they enlist into one of the "ARNG TOP 10" critical skill MOS's approved by NGB-ARM and identified by each state as necessary to support Operation Iraqi Freedom."  MOS 96B is not listed as one of the critical skill MOS's.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions were carefully considered.  However, her enlistment contract, dated 14 April 2005, does not show that she enlisted for the SRIP or the SLRP.  She also initialed item 8c in section B on her enlistment contract which states, "The agreements in this section and attached annex(es) are all the promises made to me by the Government.  ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED."

2.  In addition, the applicant enlisted in the ARNG for MOS 96B, which is not listed as a critical skill MOS qualifying for the NPS bonus under the SRIP.  Therefore, there is no basis for granting the applicant's request.

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)                                         AR20080017829



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ABCMR Record of Proceedings (cont)                                         AR20080017829



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