IN THE CASE OF:	  

		BOARD DATE:	  15 July 2010

		DOCKET NUMBER:  AR20100007183 


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 that she receive a $15,000.00 Prior Service Enlistment Bonus (PSEB).  She also requests that her record be corrected to show she is eligible for Student Loan Repayment Program (SLRP) benefits.

2.  The applicant states she served in the Air Force from 1987 to 1990 and was placed in the Individual Ready Reserve (IRR) until 1994.  She adds that she joined the Colorado Army National Guard (COARNG) in February 2007 under a contract that included a $15,000.00 enlistment bonus and the SLRP.  However, the recruiter signed her into a job she was not qualified to do and she was not willing to accept another position.  Therefore, she was released in March 2008 for a breach of contract.

3.  On 31 March 2008, the applicant states she enlisted in the U.S. Army Reserve (USAR) and was given a PSEB as stated in her enlistment contract.  She offers that the COARNG made a mistake by placing her in the IRR which caused her to be ineligible to receive the PSEB.  She adds that not only did she give up her benefits under the SLRP to enlist in the USAR, but she has not received the enlistment bonus she signed up for.  The applicant concludes that she has honored her contractual obligations with both the ARNG and the USAR. 
Therefore, her records should be corrected to pay her the PSEB and pay off her student loans.

4.  The applicant provides a copy of her DD Form 4 (Enlistment/Reenlistment Document), DD Form 214 (Certificate of Release or Discharge from Active Duty), National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), request for approval of exception to policy for PSEB documents, G-1 response to a Congressional inquiry, military occupational specialty (MOS) orders, and discharge orders.

CONSIDERATION OF EVIDENCE:

1.  On 26 February 2007, the applicant enlisted in the COARNG for 6 years.

2.  An NGB Form 600-7-5-R-E (SLRP Addendum - Army National Guard of the United States) indicates that she was entitled to loan repayment under the SLRP in connection with her enlistment.  It shows she agreed to serve a minimum of 3 years in the ARNG.  Item 2c of the addendum states that "I hold the primary MOS for the position for which I am enlisting.  I am enlisting in MOS 13M which is authorized for SLRP."  MOS 13M (Multiple Launch Rocket System Crewmember) is closed to women.

3.  In Section V - Termination of the SLRP Addendum, the applicant initialed item 13 indicating that she understood that her student loan repayment eligibility would be terminated for "voluntarily transfer out of my contracted MOS or SLRP eligible unit" and/or "separate from the ARNG for any reason."

4.  Although her SLRP Addendum notes she was enlisting in MOS 13M, annex A to the applicant's enlistment contract shows that she understood that she will undergo training in her primary MOS of 97E (Human Intelligence Collector). 

5.  Annex X to the applicant's enlistment contract, PSEB Addendum, shows she was also entitled to a $15,000.00 bonus for a 6-year enlistment.  The addendum stated that the $15,000.00 would be paid in two installments:  the first installment of 50 percent processed for payment upon successful completion of MOS training and the final 50-percent installment processed for payment on the 
36-month anniversary of the date of her enlistment.

6.  On 8 February 2008, the applicant requested and received a conditional release from the COARNG to process into another component of the military.

7.  Orders 127-004, dated 6 May 2008, show the applicant was discharged from the ARNG and reassigned to the USAR Control Group (Reinforcement) effective 4 March 2008.  Additionally, an NGB Form 22 shows the applicant was honorably discharged on 4 March 2008 for enlistment into another component of the U.S. Armed Forces.  This form shows the applicant was assigned to the USAR Control Group (Reinforcement) for completion of 4 years, 9 months, and 22 days of a statutory or contractual obligation.  The word "None" is listed in item 13 (Primary Specialty Number, Title, and Date Awarded).
8.  On 31 March 2008, the applicant enlisted in the USAR for 6 years.  A Selected Reserve Incentive Program - USAR PSEB Addendum was completed during her enlistment processing.  This document shows the applicant was entitled to receive a bonus of $15,000.00 for a 6-year enlistment.  It states the initial payment of 50 percent would be paid upon award of the MOS and the remainder would be paid in 25-percent increments at the second and fourth year of satisfactory service in the USAR.

9.  The 14 November 2008 DD Form 214 and Orders 324-205, dated 19 November 2008, show the applicant successfully completed the Information Systems Operator Analyst Course and was awarded MOS 25B (Information Technology Specialist) as her primary MOS.

10.  On 10 March 2009, the applicant's company commander submitted a request asking that the applicant be paid the PSEB as an exception to policy.  The chain of command recommended approval of this request.

11.  On 13 August 2009, in response to a Congressional inquiry, the Deputy Chief of Staff G-1, Headquarters, U.S. Army Reserve Command, stated that research determined the applicant was not eligible to receive a PSEB.  He added that although the applicant was released and discharged honorably from the ARNG, she did not complete the ARNG term of service.  The Deputy Chief of Staff G-1 offered that Army Reserve policy prohibits ARNG Soldiers who have not completed their term of service in the Selected Reserve from receiving the Army Reserve PSEB.  He stated that if the applicant believes there was a breach in contract, she may elect one of the following:

* remain in the unit as a drilling Reservist without receipt of a bonus
* request discharge in accordance with Army regulatory guidance
* apply to the Army Review Boards Agency

12.  Army Regulation 135-7 (Incentive Programs) restricts the SLRP to those Reservists who either enlist or reenlist for a skill or unit approved by the Department of the Army and disseminated to the field by a list of MOS's and units which is updated on a periodic basis.  This educational incentive may only be elected at the time of enlistment or reenlistment.  This incentive pays a limited sum of money to a lending institution on the anniversary date of an enlistment or reenlistment.  These payments continue on a yearly basis unless the Soldier loses eligibility by no longer serving in the approved MOS or unit.



13.  Army Regulation 135-7 states the PSEB incentive offers a cash bonus to eligible persons with prior military service who enlist in the USAR and contract to serve in a troop program unit of the Selected Reserve in a designated MOS announced by Headquarters, Department of the Army, or as a drill sergeant.  A cash bonus is offered to any person who meets all of the following requirements:

* received an honorable discharge at the conclusion of his or her last period of military service 
* if last discharged from the ARNG or USAR, the applicant has been out of the military service for at least 12 months 
* has completed his or her statutory military service obligation
* has less than 10 years of total military service (currently 16 years)
* is not being released from active duty or full-time National Guard duty for the purpose of enlistment in the USAR
* is not enlisting to qualify for a permanent civilian position where membership in the Selected Reserve is a condition of civilian employment
* has not previously been paid a bonus for enlistment, reenlistment, or extension of an enlistment in any Reserve Component of the Armed Forces

14.  Army Regulation 135-91 (Army National Guard and Army Reserve Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement) states the statutory mandatory service obligation is incurred on initial entry into the Armed Forces whether by induction, enlistment, or appointment.  On and after 1 June 1984, all Soldiers incurred an 8-year statutory mandatory service obligation.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the ARNG for 6 years with eligibility for the SLRP and a $15,000.00 bonus as an enlistment incentive.  She initialed the SLRP Addendum to her enlistment contract indicating she understood that her student loan repayment eligibility would be terminated if she voluntarily transferred out of her contracted MOS, SLRP eligible unit, and/or separated from the ARNG.

2.  The applicant states her recruiter signed her into a job she was not qualified to do and she was not willing to accept another position in the ARNG.  Therefore, she was released for a breach of contract.  However, it is unclear what MOS the applicant is referring to in regards to a job she was not qualified to do.  Additionally, there is no evidence and she did not provide any to confirm that a breach of contract occurred. 

3.  The evidence of record shows that on 8 February 2008, the applicant voluntarily requested and received a conditional release from the COARNG to process into the USAR.  Her subsequent enlistment in the USAR automatically terminated her eligibility for the SLRP.  Therefore, she is not entitled to benefits under the SLRP.

4.  It is not known whether the applicant is requesting the $15,000.00 enlistment bonus for her enlistment in the COARNG on 26 February 2007 or her subsequent enlistment in the USAR on 31 March 2008.  Nevertheless, the prerequisite for receiving the first installment of the $15,000.00 enlistment bonus under her ARNG contract was based on the applicant being MOS qualified.  However, her NGB Form 22 shows that at the time of her discharge from the ARNG she was not school-trained and was not awarded an MOS.  Therefore, she is not entitled to a PSEB under this contract.

5.  Further, the regulation and law in effect at the time of the applicant's enlistment in the USAR on 31 March 2008 indicated that in order to be eligible for a PSEB, a member must have been discharged from the ARNGUS for at least 12 months and must have completed his or her statutory military service obligation.  The evidence of record confirms the applicant was discharged from the ARNG on 8 February 2008 prior to completing her term of service.  The applicant still had over a 4-year statutory service obligation remaining at the time of her enlistment in the USAR.

6.  Based on the evidence provided, the applicant was not entitled to a PSEB at the time of her enlistment in the USAR.  The Comptroller General of the United States has ruled in similar cases that although a service member may have been misinformed about his or her entitlements, the U.S. Government is not liable for erroneous actions of its officers, agents, or employees in the performance of their official duties.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.

7.  The applicant is reminded that if she believes there was a breach in contract, she may elect to remain in the unit as a drilling Reservist without receipt of a bonus or request discharge in accordance with Army regulatory guidance.  

8.  In view of the foregoing, 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)                                         AR20100007183



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ABCMR Record of Proceedings (cont)                                         AR20100007183



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