IN THE CASE OF:  

		BOARD DATE:  17 May 2012

		DOCKET NUMBER:  AR20110009374 


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 he be paid the $15,000.00 enlistment bonus and kicker bonus.

2.  He states his recruiter had assured him and his parents on many occasions that he would receive an enlistment bonus and the kicker upon enlistment.  However, at no point in time during or after his enlistment did the recruiter notify him or his parents that he would not be receiving the bonus or kicker.  

3.  He provides:

* Lindenwood Enrollment and Financial Aid Agreement, dated 31 May 2007
* DD Forms 4/1 and 4/2 (Enlistment/Reenlistment Document)
* DD Form 1966 (Record of Military Processing - Armed Forces of United States)
* Letter from Missouri (MO) The Adjutant General (TAG) to a Member of Congress, dated 9 August 2010
* Addendum in rebuttal to TAG's 9 August 2010 letter
* Missouri Army National Guard (MOARNG) Processing Checklist
* Letter to Veterans of Foreign Wars from the MOARNG
* Basic Training Certificate
* 
Letter to Missouri TAG, 5 February 2010, with information of unjust damages to the applicant and family
* Letter from his stepfather

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he completed a DD Form 4/1 for enlistment in the MOARNG on 25 March 2009, for 8 years.

2.  His Enlistment/Reenlistment Agreement – ARNG, dated 25 March 2009, shows he was enlisting for entitlement to the Selected Reserve Montgomery GI Bill (MGIB).  The statement does not show he was enlisting with a $15,000.00 bonus and GI Bill Kicker in military occupational specialty (MOS) 92Y (Unit Supply Specialist).  

3.  He acknowledged that he had not been promised anything other than what was written on the form waiving any claim based upon any promise or representation not annexed to his contract.  He signed the statement on 25 March 2009.

4.  He entered active duty for training (ADT) on 6 January 2010.  He completed training and he was awarded MOS 92Y.  He was honorably released from ADT on 12 March 2010.

5.  In a letter, dated 9 August 2010, The Adjutant General, MOARNG, advised a Member of Congress that:

   a.  When the applicant started processing for enlistment in the MOARNG about January 2009, his recruiter stated to the applicant and family that he would get an enlistment bonus and the GI Bill Kicker for MOS 92Y.  That MOS was, in fact, bonus eligible at that time.  
   
   b.  Unfortunately, the Selected Reserve Incentive Program for bonuses changed on 1 March 2009, and MOS 92Y was deleted from the Enlistment Bonus and GI Bill Kicker.  
   
   c.  The applicant was offered several different MOS choices prior to 1 March 2009.  His stepfather insisted he take 92Y.  When he enlisted on 25 March 2009 at the St. Louis Military Entrance Processing Station (MEPS), the guidance 

counselors reviewed the entire enlistment packet to include the fact the applicant was not getting any type of bonus.  
   
   d.  MEPS guidance counselors asked the applicant if he was promised anything that was not in the contract he signed and the applicant stated, "no."  He signed and initialed the DD Form 4-1, 4-2 and page 3 of DD Form 1966, which lists specific options/program of his enlistment he enlisted for.  Neither form listed an enlistment bonus and/or GI Bill Kicker for the MOS that was selected by him.

6.  He was honorably discharged from the MOARNG on 6 September 2011 and he was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).

7.  Army Regulation 135-7 (ARNG and Army Reserve Incentive Programs), prescribes the policies for the administration of the ARNG and USAR incentive programs.  Chapter 8 (Educational Assistance Program for Members of the Selected Reserve (Selected Reserve MGIB) provides for educational assistance under the Selected Reserve MGIB to Soldiers.  The service agreement must contain a contractual obligation to serve in the Selected Reserve for a term of not less than 6 years.

8.  Army Regulation 135-7, paragraph 8-14 states a Soldier entitled to benefits under the Selected Reserve MGIB may also be eligible to participate in the following incentives:  enlistment bonuses, reenlistment/extension bonus, affiliation bonus, and the Student Loan Repayment Program.

9.  Army Regulation 15-185 governs operations of the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-11 states applicants do not have a right to a hearing before the ABCMR.  The regulation provides that the Director of the ABCMR or the ABCMR may grant a formal hearing before which the applicant, counsel, and witnesses may appear whenever justice requires.   

DISCUSSION AND CONCLUSIONS:

1.  Based upon the facts in this case and the evidence provided, it was determined that no formal hearing was required.

2.  The Adjutant General, MOARNG, did advise that the recruiter informed the applicant and his family around January 2009 that he would get an enlistment bonus and the GI Bill Kicker for MOS 92Y.  In January 2009, MOS 92Y was eligible for the bonus.  However, MOS 92Y was deleted from the Selected Reserve Incentive Program on 1 March 2009, prior to the applicant’s enlistment.
3.  The Adjutant General, MOARNG, also advised that the applicant was offered several different MOS choices; however, his stepfather insisted he take MOS 92Y.

4.  There is no evidence of record and he provided none to show he was unjustly promised and then denied an enlistment bonus and kicker at the time of his enlistment in the ARNG in 25 March 2009.  

5.  It appears the applicant followed his stepfather’s guidance because he signed his Enlistment/Reenlistment Agreement, which states he was enlisting only for the Selected Reserve MGIB.  The document does not specify or imply that he would receive a $15,000.00 enlistment bonus or kicker.  He clearly acknowledged that he had not been promised anything other than what was written on the form, waiving any claim based upon any promise or representations not annexed to his contract.

6.  Based upon the evidence of record there is no basis upon which to grant the requested 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)                                         AR20110009374



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ABCMR Record of Proceedings (cont)                                         AR20110009374



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