BOARD DATE: 14 October 2010
DOCKET NUMBER: AR20100009124
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 correction of his military records by voiding his U.S. Army Reserve (USAR) enlistment contract and transferring him to the Individual Ready Reserve (IRR) to complete the remainder of his military service obligation.
2. The applicant states he spoke with the retention noncommissioned officer (NCO) about enlisting in the USAR upon completion of his active duty contract. He contends that the retention NCO had told him he was eligible for military service obligation (MSO) reduction, 2 years stabilization, a $5,000.00 bonus, and the Reserve Montgomery GI Bill (MGIB) (Title 10, U. S. Code, Chapter 1606) for signing a 3-year contract. On 2 October 2009, the applicant signed a 3-year contract. On or about 22 October 2009, the applicant received a telephone call informing him that he would have to sign a 6-year contract to receive the Reserve GI Bill option. He was further told that the Reserve GI Bill would be available to him after completion of his 6-year contract. He contends that this is not doable. He now wants his Reserve contract terminated because of the mistake and to finish his MSO in the IRR.
3. The applicant provides, in support of his application, copies of DD Form 4 (Enlistment/Reenlistment Document), DA Form 3540 (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment), DA Form 5435 (Statement of Understanding - The Selected Reserve MGIB (10 USC Chapter 1606)), DA Form 5690 (Reserve Components Career Counselor Interview Record), DA Form 5691 (Request for Reserve Component Assignment Orders), Written Agreement - Enlisted Affiliation Bonus Addendum, a memorandum, dated 15 May 2007, from the Reserve Component Transition Branch to all Active and Reserve Component Career Counselors, and a memorandum dated 2 October 2009, amending the applicant's Reserve assignment from the IRR to the 236th Transportation Corps Company, located in Decatur, Illinois.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a specialist, pay grade E-4, in the USAR.
2. A DD Form 4, dated 2 October 2009, shows that the applicant enlisted in the USAR for 3 years beginning in the pay grade E-4.
3. A DA Form 5435, dated 2 October 2009 and signed by the applicant, states in Section III-Qualifications that entitlement to receive the Selected Reserve MGIB under the provisions of 10 USC Chapter 1606, requires a Soldier to contract at least 6 years service in the Selected Reserve. He signed in section IX acknowledging that he read and understood each of the sections above.
4. In the processing of this application, an advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1 (Personnel), Washington, DC. The opinion states that the applicant enlisted in the USAR in October for 3 years. His enlistment contract and addendum explain his entitlements. DA Form 5435 accompanies every enlistment contract, even if the Soldier is not entitled to the MGIB. A Soldier must contract to serve
6 years in the Selected Reserve or in the Army National Guard to receive the MGIB under the provisions of 10 USC Chapter 1606. The opinion recommends denial of the applicant's request.
5. On 19 August 2010, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. No response has been received.
6. Title 10, USC Chapter 1606, section 16132, provides that after 30 June 1985 eligibility for educational assistance requires an enlistment or reenlistment of not less than 6 years.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his USAR enlistment contract should be voided because the retention NCO told him his 3-year contract qualified him for the MGIB under the provisions of 10 USC Chapter 1606.
2. The applicant's contact and addendum, which he signed, clearly state that entitlement to the MGIB under 10 USC Chapter 1606 required 6 years of service. There is no corroborating evidence showing that he was informed otherwise.
3. In view of the above, the applicant's request should be denied.
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) AR20100009124
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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