MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 22 August 2000
DOCKET NUMBER: AR2000042319
I certify that hereinafter is recorded the record of consideration of the Army Board
for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun Director
Mrs. Nancy Amos Analyst
The following members, a quorum, were present:
Mr. Edward Williamson Chairperson
Ms. Margaret V. Thompson Member
Mr. Kenneth W. Lapin Member
The Board, established pursuant to authority contained in 10 U.S.C. 1552,
convened at the call of the Chairperson on the above date. In accordance with Army
Regulation 15-185, the application and the available military records pertinent to the
corrective action requested were reviewed to determine whether to authorize a formal
hearing, recommend that the records be corrected without a formal hearing, or to deny
the application without a formal hearing if it is determined that insufficient relevant
evidence has been presented to demonstrate the existence of probable material error
The applicant requests correction of military records as stated in the application
to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
ABCMR Memorandum of
APPLICANT REQUESTS: That she be paid the enlistment bonus she was promised.
APPLICANT STATES: That the Oklahoma City Recruiting Battalion approved her
enlistment bonus. She discovered the error on 8 January 2000. Supporting evidence
is as listed on the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records show:
She enlisted in the Army National Guard on 20 October 1989 and was discharged upon
her expiration term of service on 19 October 1998.
On 13 September 1999, the applicant enlisted in the U. S. Army Reserve (USAR) for 3
years. She enlisted for the incentives prior-service enlistment bonus $2,500.00 and for
the Student Loan Repayment Program (SLRP) not to exceed $10,000.00.
Army Regulation 135-7 establishes a single reference for incentives authorized within
the Army National Guard and the USAR. Chapter 2 provides that a cash bonus is
offered to any-prior service person who meets all of 11 different eligibility criteria. One
of the criteria is if the last discharge was from the Army National Guard of the United
States (ARNGUS) or from the USAR and the applicant has been out of the military
service for at least 12 months.
Army Regulation 135-178 establishes policies governing the administrative separation
of enlisted soldiers from the ARNGUS and the USAR. Chapter 9, section IV discusses
defective enlistment or reenlistment agreements. It states that an enlisted soldier will
be discharged when a defective enlistment or reenlistment agreement exists under
three circumstances. One circumstance is when a material misrepresentation is made
by recruiting or retention personnel on which the soldier reasonably relied and thereby
was induced to enlist or reenlist with a commitment for which the soldier was not
On 8 August 2000, the Oklahoma City Recruiting Battalion acknowledged that their
senior guidance counselor made a mistake and gave the applicant the prior service
enlistment bonus and the SLRP. She did not have a one-year break in service in order
to qualify for the programs.
DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, it is
1. A Government error was made when the applicant was told she qualified for the
enlistment bonus incentive. It appears she also was erroneously told that she qualified
for the SLRP enlistment incentive.
ABCMR Memorandum of
2. There is a regulatory remedy for correcting these errors and that is to request
discharge for a defective enlistment agreement. The applicant discovered at least one
of the errors less than 4 months after her enlistment in the USAR. If she did not also
know about the SLRP error at that time she is now aware of it, less than 1 year after her
enlistment. It would be appropriate at this early date to deny the relief requested and to
require the applicant to apply for the relief provided for by regulation. In the event she
does not desire to do so, her lack of action would be taken as her agreement to waive
those two enlistment incentives.
3. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__ew____ __mvt___ __kwl___ DENY APPLICATION
Carl W. S. Chun
Director, Army Board for Correction
of Military Records
ABCMR Memorandum of
CASE ID AR2000042319
DATE BOARDED 20000822
TYPE OF DISCHARGE
DATE OF DISCHARGE
BOARD DECISION (DENY)
ISSUES 1. 112.04