BOARD DATE:	  9 June 2015

		DOCKET NUMBER:  AR20150003973 


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, reinstatement of her non-prior service Army National Guard (ARNG) enlistment bonus or reevaluation of her status to place her in an appropriate enlistment category or program.

2.  The applicant states, in effect:

	a.  Prior to enlistment, she attended the United States Military Academy (USMA) for 2 years but she did not graduate.  However, she remained interested in the service and explored enlistment opportunities with SFC N____.  She provided all required or requested information to the recruiter, including, but not limited to, her DD 214 (Certificate of Release or Discharge from Active Duty) and college transcripts from USMA.  

	b.  The recruiter evaluated the information and advised her that her service as a cadet did not qualify as prior service.  During the entire enlistment process she made full disclosure of all facts and circumstances including her attendance at USMA.  She appreciates that she is responsible for her own actions; however, she relied on the recruiter as the experienced professional and had no way of knowing her enlistment status was not what was represented to her.  

	c.  She believe it was reasonable to expect the recruiter, as the Army’s representative, to accurately understand and explain how her tenure at USMA might affect her non-prior service status.  In retrospect, it didn't seem anyone at the Military Entrance Processing Station or the recruiter was accustomed to dealing with former USMA cadets.  It was only when her bonus was to be disbursed that her eligibility for the non-prior service bonus was questioned.  

   d.  She is proud to serve.  It is about more than just money to her.  However, along with her National Guard duties she is enrolled in college classes and she is working a full time job.  Money is tight and important to her success.  She did her part and believed that it was the recruiter’s responsibility to place her in the appropriate contract.  If she is not mistaken, prior service enlistment would have qualified her for a larger enlistment bonus than she received as a non-prior service enlistee.  She believes under the circumstances it is right and fair that her non-prior service bonus be reinstated or her status be re-evaluated to make her eligible for all other appropriate bonuses that would have been available to her at the time of enlistment.

3.  The applicant provides photocopies of – 

* Exception to policy denial
* USMA Transcript
* DD Form 214
* DD Form 215 (Correction to DD Form 214)

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant attended the USMA from 28 June 2010 to 27 February 2012.  There are no discharge orders available and no reason or authority is listed on the DD Form 214 covering her time as a cadet.

3.  On 14 January 2013, the applicant enlisted in the ARNG of the United States 
and the Missouri ARNG for 8 years.  

4.  She signed a Non-Prior Service Addendum on which she acknowledged her enlistment would be associated with an approved automated Reservation Transition Identification Number and the form(s) must be signed and witnessed on the same date.  On that date a Bonus Control Number was entered and the form was signed by the Service representative and a witnessing officer.  

5.  She was scheduled to complete advanced individual training in a specific military occupational specialty (MOS) and she was assigned a specific unit vacancy control number.  She attended and completed her initial training from
4 February to 20 August 2014.  

6.  A memorandum, dated 6 February 2015, from the Joint Force Headquarters, Missouri ARNG denied the applicant's request for an exception to policy to maintain the $10,000 non-prior service enlistment bonus that she was not authorized to receive.

DISCUSSION AND CONCLUSIONS:

1. The applicant states she provided all required or information to the recruiter, including her DD 214 and college transcript from USMA.  

2.  The applicant provided neither substantiating evidence to show that she fully informed the recruiter nor any convincing explanation of how, after having been paid regularly, appearing before a formal PEB and arguing to be found fit for duty, and being separated and issued a DD Form 214, she could consider herself a non-prior service enlistee.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.   There is no basis for granting the applicant's 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
      
she 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)                                         AR20150003973



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ABCMR Record of Proceedings (cont)                                         AR20150003973



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