ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 21 January 2020 DOCKET NUMBER: AR20180007982 APPLICANT REQUESTS: Correction of his record to show: * he enlisted for a $50,000.00 enlistment bonus * reinstatement of his Montgomery GI Bill benefits APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 27 July 1998 * DD Form 2366 (Montgomery GI Bill Act of 1984), dated 26 July 1998 * DA Form 3286-59 (Statement for Enlistment U.S. Army Enlistment Program U.S. Army Delayed Enlistment Program) * DA Form 3286-63 (Statement for Enlistment U.S. Army Training Enlistment Program) * DA Form 3286-66 (Statement of Understanding U.S. Army Incentive Enlistment Program) * Permanent Orders (PO) Number 158-224, dated 7 June 1999 * DA Form 1695 (Oath of Extension of Enlistment), dated 13 December 1999 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 27 February 2001 * DD Form 4, dated 11 July 2005 * Orders Number 06-170-00007, dated 19 June 2006 * Congressional assistance request, dated 30 September 2016 * College transcript FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states: a. When he enlisted into the U.S. Army in September 1998, he was duped into opting-out of a $50,000.00 signing bonus by his recruiter. He was a naive 18-year-old and his recruiter preyed on that fact and took advantage of his lack of knowledge for military procedure and the use of benefits. He convinced him to opt-out of the $50,000.00 signing bonus that was being offered at the time in lieu of the Montgomery GI Bill benefits for college use. Benefits that he is now being denied the use of even though he paid the extra $100/month during his first year of active duty service to obtain a "kicker" and the fact that he served his country faithfully. A faith in the fact that he could someday go to college, but he is now being told there was a 10-year-expiration on the Montgomery GI Bill, something not discussed with him at the time of enlistment. On his first day of basic training, he learned from one of his drill sergeants, a former recruiter that, "anyone who opted-out of the $50,000.00 signing bonus is a fool because all active duty service members qualify for the Montgomery GI Bill." b. He tried multiple times during his years of service to appeal his enlistment contract but every time he brought it to his commanding officers, he was told there was nothing he could do about it. A fact he is now finding out was not true either. This is the first real opportunity he has been given to appeal his enlistment contract in 18 years. He spoke with a representative from the St. Louis Veterans Affairs (VA) education office recently, who tried to insist he did not opt-out of the bonus and it was used for the previous time he went to college for the Montgomery GI Bill. If that was the case, then how do the Soldiers who accepted the signing bonus still qualify for the Montgomery GI Bill? He feels like this was just another weak excuse being used to "smoke screen" him into believing what they want so they can cover their assets and he would give up the fight for the money owed to him. He still believes that the signing bonus in the amount of $50,000.00 is owed to him from the U.S. Army because, if he was given all the true facts, he never would have opted-out of the bonus. A recent conversation with a friend, who is a retired staff sergeant and a former recruiter in the U.S. Army, reinforced his belief in this. He informed him it was a common practice for recruiters to be encouraged by their commanding officers to convince new recruits to opt-out of the signing bonuses for the Montgomery GI Bill knowing full well they would qualify for it anyway because, ''young recruits did not know any better." He feels that he, like many others, was taken advantage of in this situation and this wrong needs to be corrected. 3. A review of the applicant’s official records show the following on: a. On 10 September 1998, the applicant enlisted in the Regular Army for a period of 2 years and 16 weeks, and in conjunction with this enlistment the following forms were completed: (1) DA Form 3286-59 showing the applicant enlisted into career management field 11 (Infantry) under program 9-C (U.S. Army Incentive Enlistment Program). (2) DA Form 3286-66 showing the applicant enlisted for the Army College Fund in the amount of up to $26,500.00 for a two-year term of enlistment and he must remain enrolled in the Montgomery GI Bill to retain the incentive. Line 2 (Army Cash Bonus) specifies not applicable. (3) DA Form 3286-67 (Statement of Understanding) showing in item 5 the applicant enlisted for the Montgomery GI Bill and the Army College Fund. (4) DD Form 2366 showing the applicant enlisted for the Montgomery GI Bill and was automatically enrolled unless he exercised the option to dis-enroll on this form. 4. On 27 February 2001, the applicant was honorably released from active duty. He completed 2 years, 5 months, and 18 days of net active service. 5. The applicant provides: * DA Form 3286-63 showing he enlisted for career management field 11 (Infantry) for a period of 2 years and 16 weeks * PO Number 158-224, issued by Headquarters, 101st Airborne Division and Fort Campbell, KY, awarded the applicant the Air Assault Badge * DA Form 1695 showing the applicant extended his enlistment from 2 years and 16 weeks to 2 years, 2 months, and 16 weeks to meet service remaining requirements for a tour at Fort Lewis, WA * DD Form 4 (11 July 2005) showing the applicant enlisted in the U.S. Army Reserve (USAR) * Orders Number 06-170-00007, issued by Headquarters, 104th Division, showing the applicant was discharged from the USAR under other than honorable conditions * Congressional assistance request wherein the applicant requested assistance from the office of the Honorable Mr. S- D-‘s office in the processing of his application to the Board 6. Army Regulation (AR) 601-210 (Regular Army and Army Reserve Enlistment Program) in effect at the time governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army. a. Table 9-4 (Program 9-C, U.S. Army Incentive Enlistment Program (Enlistment Bonus/Army College Fund/Loan Repayment Program) guarantees one of the following incentives (Enlistment Bonus, Army College Fund, Loan Repayment Program). Unless specifically authorized by Headquarters Department of the Army, the member can only enlist for one incentive under this program. The Army College Fund provides additional education assistance in addition to that earned under the Montgomery GI Bill. The money earned is deposited in the Soldier’s Veterans Affairs account. b. Paragraph 5-99 (Enlistment Bonus Eligibility Criteria) states the member must enlist for an initial term of 3 or 4 years for the appropriate enlistment option as described in this regulation. 7. Title 38 USC, section 3031 states, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty. The 10-year period shall not run under the following conditions: * detained by a foreign government or power after their last discharge or release from active duty * experienced an illness, disability or hospitalized at a military, civilian, or Department of Veterans Affairs medical facility that prevented them from attending school BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the terms of his enlistment and the attached forms showing he enlisted for the Army College Fund and Montgomery GI Bill. The Board found no evidence that the applicant was eligible for and declined a bonus in the amount he states. The Board further considered the term of eligibility for use of education benefits following a Soldier’s last discharge and found no circumstances that would amend the applicant’s expiration of benefits date. Based on a preponderance of evidence, the Board determined that the denial of the applicant’s requested bonus amount and the expiration of his eligibility to use education benefits was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 601-210 (Regular Army and Army Reserve Enlistment Program) in effect at the time governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army. a. Table 9-4 (Program 9-C, U.S. Army Incentive Enlistment Program (Enlistment Bonus/Army College Fund/Loan Repayment Program) guarantees one of the following incentives (Enlistment Bonus, Army College Fund, Loan Repayment Program). Unless specifically authorized by Headquarters Department of the Army, the member can only enlist for once incentive under this program. The Army College Fund provides additional education assistance in addition to that earned under the Montgomery GI Bill. The money earned is deposited in the Soldier’s Veterans Affairs account. b. Paragraph 5-99 (Enlistment Bonus Eligibility Criteria) states the member must enlist for an initial term of 3 or 4 years for the appropriate enlistment option as described in this regulation. 3. Title 38 USC, section 3031 states, the period during which an individual entitled to educational assistance under this chapter may use such individual’s entitlement expires at the end of the 10-year period beginning on the date of such individual’s last discharge or release from active duty. The 10-year period shall not run under the following conditions: * detained by a foreign government or power after their last discharge or release from active duty * experienced an illness, disability or hospitalized at a military, civilian, or Department of Veterans Affairs medical facility that prevented them from attending school //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007982 6 1