MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           10 October 2002                  
	DOCKET NUMBER:   AR2002072850

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Roger W. Able		Member	
	Mr. John T. Meixell		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 or injustice.

	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 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her military records be corrected to show that she enlisted in the Army National Guard (ARNG), not the US Army Reserve (USAR).

APPLICANT STATES:  “I joined the Army Reserve unintentional[ly].  This was because I did not understand the difference between the Army Reserve and the National Guard.  My ultimate goal was to be in the Guard, to serve the State of Arkansas and to help out in the time of danger . . . I did not understand the difference, especially with recruiters wanting to enlist one into the Army.  I joined the reserve and then discovered that they were different.  I then decided to change.”  She then relates how she enlisted in the USAR, how she was able to be reassigned to the ARNG a little over a month after her enlistment in the USAR, and how her initial enlistment into the USAR nullified her enlistment bonus in the ARNG because she was then considered prior service.

In support of her request, the applicant submits a memorandum from the Arkansas ARNG Staff Judge Advocate (SJA), who states that the applicant had gone to a recruiter with the intention of enlisting in the ARNG.  However, she was “intercepted” by a USAR recruiter who, due to the applicant’s ignorance of the fine distinctions between the USAR and ARNG, was able to enlist her in the USAR.  When the applicant learned that she had been enlisted in the USAR instead of the ARNG, she notified the ARNG which assisted her in being released from the USAR and enlisted in the ARNG.  However, she has now learned that she is not entitled to her enlistment bonus in the ARNG because she is considered prior service due to her enlistment in the USAR.

The applicant also submits statements from two ARNG recruiters who state that the applicant was brought into their offices a little over a month after her enlistment in the USAR.  The recruiters state that they are convinced that the applicant had intended to join the ARNG when she enlisted in the USAR.

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the USAR on 16 August 2000 with no prior service in pay grade E-4.  The applicant was a Nigerian citizen who had graduated from Holy Rosary School in Nigeria, and had attended the University of Little Rock, Arkansas, from April 1998 to the date of her enlistment.  In conjunction with her enlistment, she completed addenda for a $3,000.00 cash bonus and for a $10,000.00 Student Loan Repayment Program (SLRP) for enlisting in military occupational specialty (MOS) 75H, Personnel Service Specialist.  In the cash bonus addendum the 

applicant acknowledged that if she transferred to the ARNG she would only retain her bonus if her USAR unit was deactivated, relocated, converted, or redesignated.

On 25 October 2000, the applicant enlisted in the ARNG. In conjunction with her enlistment she completed addenda for a $8,000.00 cash bonus and for a $10,000.00 SLRP for enlisting in military occupational specialty (MOS) 71M, Chaplain’s Assistant.

The applicant completed her initial entry training, being selected as an academic honor graduate.

On 1 November 2001, the Office of the Arkansas Inspector General (IG) responded to an inquiry submitted by the applicant.  In that response the IG stated that the applicant was not authorized an ARNG cash bonus because she was considered prior service when she enlisted in the ARNG, based upon her enlistment in the USAR.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant has stated that she enlisted in the USAR because she didn't know the difference between the ARNG and the USAR.  She did not state that she told her initial recruiter, the recruiter who enlisted her in the USAR, that she wanted to enlist in the ARNG.  

2.  The opinions expressed in the statements from the recruiters who processed the applicant’s ARNG enlistment have been carefully considered.  However, these recruiters were not present when the applicant enlisted in the USAR and the recruiters have given no basis for their opinion that the applicant had intended to join the ARNG when she enlisted in the USAR.  

3.  The applicant enlisted for a $3,000.00 bonus in the USAR for one MOS, and then initiated action to enlist for a $8,000.00 bonus in the ARNG for a different MOS a little over a month later.  Without evidence to the contrary, the Board must presume that the applicant transferred from the USAR to the ARNG when she discovered that she could have enlisted for a higher bonus in the ARNG.  

4.  The applicant had completed almost 2 ½ years at an American university.  Based upon that education, it must be presumed that she understood that the contract she signed was for the USAR and not the ARNG.

5.  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.

BOARD VOTE:

___rjw___  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ___rwa __  ____jtm _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002072850	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.