IN THE CASE OF:
BOARD DATE: 11 July 2013
DOCKET NUMBER: AR20130001174
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 records to show he was authorized the Montgomery GI Bill (MGIB), MGIB Kicker, Officer Accession Bonus (OAB) and the Student Loan Repayment Program (SLRP).
2. The applicant states missing documents is the issue. He signed all the papers and the recruiter told him not to look for a bonus check until he had completed 3 years and the Officer Basic Course. The copy of the enlistment contract in his Interactive Personnel Electronic Records Management System (iPERMS) has the bonus information blackened out or was improperly scanned. That is the only evidence of what was promised him. He is in Afghanistan and he expects the government to fulfill its promises.
3. The applicant provides no documentation so substantiate his request.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4 (Enlistment/Reenlistment Document shows at:
* Section B (Agreements) line number 8 that on 19 July 2006, the applicant enlisted, in pay grade E-3, in the Army National Guard of the United States. It continues, "
The additional details of my enlistment/reenlistment are in section C and Annex(es)_____." Nothing is entered in the blank following, "Annex(es)."
* Line 8.c. states, "The agreements in this section and the attached annex(es) are the promises made to me by the Government. ANYTHING ELSE ANYONE HAS PROMISED ME IS NOT VALID AND WILL NOT BE HONORED." (The bold, capitalized text is in the original.) The applicant initialed that entry. (Nothing is entered in section c.)
* The only attached annex is unidentified and deals only with the requirements relating for the applicant's commissioning program.
* Paragraph A.2 of that annex notes that Simultaneous Membership Program (SMP) details are listed in Section ____ . (That blank has nothing entered.)
2. In his DD Form 1966 (Record of Military Processing Armed Forces of the United States), item 32 (Specific Option/Program Enlisted For, Military Skill, or Agreement or Assignment to a Geographic Area Guarantees) is the hand printed entry, "SMP, MGIB, MGIB Kicker Bonus, SLRP."
3 . A DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 2009, shows the applicant completed active duty for training as a newly commissioned officer. Another, dated 12 July 2010, shows he completed Military Police officer training.
4. During the processing of this case an advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (G-1). The Enlisted Incentives Division, Incentives and Budget Division recommended the request be denied. Although the DD Form 1966 lists the SMP, MGIB, GI Bill Kicker, and the SLRP; it is unclear what bonus he should have received.
a. The advisory continues by noting:
(1). There is no evidence of prior service, the applicant was contracted from ROTC;
(2) there is no documentation to verify eligibility for student loans;
(3) the lack of prior service documents to show he was eligible for the Prior Service Enlistment Bonus (PSEB);
(4) there is no documentation of completion of advanced individual training or the associated award of an MOS, thus he was ineligible for the SMP;
(5) the OAB could not have been offered at the time of his enlistment although Area of Concentration (AOC) 31A (Military Police) was critical at that time, the applicant was placed in an over-strength position which disqualified him for tha OAB he was cross leveled to an AOC 42B (Human Resource Position).
b. The options noted on the DD Form 1966 do not match any available incentives at the time the applicant enlisted.
5. The advisory was forwarded to him for rebuttal or response. No response has been received.
DISCUSSION AND CONCLUSIONS:
1. There are no bonuses listed on or annexes attached to the applicant's
DD Form 4.
2. The bonuses listed on his DD Form 1966 are out of place. Item 32 applies to guarantees for specific options or programs or assignment to a geographic area. It did not apply to bonuses.
3. The Enlisted Incentives Division of G-1 pointed out that there were no bonuses available to the applicant at the time he enlisted.
4. The applicant has submitted neither probative evidence nor a convincing argument in support of the 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) AR20130001174
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