IN THE CASE OF:
BOARD DATE: 7 December 2010
DOCKET NUMBER: AR20100012167
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 to show he is qualified to receive a prior service enlistment bonus and the Montgomery GI Bill benefits as indicated in his enlistment contract.
2. The applicant states he enlisted in the U.S. Army Reserve (USAR) in February 2008. He contends that he was promised a $15,000.00 prior service enlistment bonus and MGIB benefits.
3. The applicant provides copies of a memorandum from the Office of the Deputy Chief of Staff, G-1 [Personnel Officer], Washington DC, dated 28 January 2008; and his Statements of Understanding for the MGIB Selected Reserve and the USAR Prior Service Enlistment Bonus Addendum.
CONSIDERATION OF EVIDENCE:
1. The MGIB is administered by the Department of Veterans Affairs (VA). Accordingly, this Board does not have jurisdiction to determine entitlements for this program. The applicant should take his enlistment contract to the VA and request assistance. This issue will not be further discussed in these proceedings.
2. On 19 September 2000, the applicant enlisted in the Regular Army. He served until he was issued a general discharge under honorable conditions on 26 February 2003. He completed 2 years, 5 months, and 8 days of net active service this period. He was discharged in the rank of private, pay grade E-2.
3. On 11 February 2008, the applicant enlisted in the USAR for a period of
6 years, in pay grade E-2. His enlistment contract indicates:
a. he enlisted as a prior service Soldier for training in military occupational specialty 74D (Chemical Operations Specialist); and
b. for the prior service enlistment bonus of $15,000.00.
4. Section III - Acknowledgement, of the Prior Service Enlistment Bonus Addendum states, "In connection with my enlistment in the USAR for the prior service enlistment bonus, I hereby acknowledge I meet the following eligibility criteria:
a. "I meet the requirements for enlistment in the USAR per AR 601-210 or AR 601-280"; and
b. "I am receipt of an honorable discharge issued on separation from prior military service."
5. In the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Washington DC. The opinion states that the applicant's request for a prior service enlistment bonus should be denied because he does not have an honorable discharge from his last period of military service.
6. On 9 September 2010, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. No response has been received.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the USAR. Paragraph 10-5 (Selected Reserve Incentives Program - Prior Service Enlistment Bonus) states that eligibility for a prior service enlistment bonus requires the last period of military service to have ended with an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant requests correction of his military records to show that he is qualified to receive a prior service enlistment bonus as indicated in his enlistment contract.
2. The evidence of record clearly shows the applicant acknowledged he understood the requirement to have an honorable discharge from his last period of military service in order to qualify for a prior service enlistment bonus. He does not have such a discharge, and therefore he is not qualified to receive the bonus.
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) AR20100012167
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