May 17, 2011 Hi, March 12, 1986 my husband entered service…
May 17, 2011 Hi, March 12, 1986...
May 17, 2011Submitted: 9 years ago.Category: Military Law
March 12, 1986 my husband entered service in the Idaho National Guard, for two of those years he was a traditional guard member. After two years as a traditional guard member, my husband commissioned and at the same time became a Federal Military Reserve technician. He served in the Idaho National Guard until February 19, 2001.
February 20, 2001 my husband transferred from the Idaho National Guard to the North Carolina National Guard with an interstate transfer, he left his Federal Military Technician status via accession into the Title 32 Active Guard/Reserve (AGR).
August 1, 2008 my husband was retired from the North Carolina National Guard and entered into the IRR (Inactive Ready Reserve).
January 16, 2009 my husband left the IRR and he entered into the US Army Reserve with an active reserve/drilling status and is currently serving in that capacity.
Below is a detailed account of how my husband was recruited to serve with the US Army Reserve and how the military has failed to honor their recruiting promise of a $10,000 signing bonus.
My husband was recruited by a recruiting NCO out of 81st RSC in Charlotte, NC. The recruiting NCO offered my husband a $10,000 signing bonus to sign a three year contract with the US Army Reserve. The recruiting contract was signed by both my husband and the 81st RSC. However, after a few months of not receiving the bonus my husband inquired with his units finance office, which in turn sent a message to Fort McCoy requesting the status of the bonus. Fort McCoy responded that my husband had not been in the IRR for at least 12 months and therefore was not eligible for the bonus and they cited a policy letter that was not included in my husband’s contract.
When we contacted the recruiting officer he said he was unaware of any such policy, nor was anyone in his office aware of such a policy.
The policy letter reads as follows:
Per USARC Memorandum dated 09, April 2008, as of 10 July 2006, prior SELRES members are authorized an OAB as long as they have not received a transitioning from one of the following are eligible for the OAB:
A.) RA to a TPU or from RA to the IRR to a TPU
B.) IRR, who were previously assigned to a TPU may after serving at least 1 year in the IRR be authorized an affiliation bonus IAW reference 1.c
C.) Another service component, i.e. an active or reserve of the Army, Navy, Air Force or Marine Corps
D.) Retired Reserve who are eligible for retired pay but who will not reach the age of 60 upon completion of the three year contract.
The Officers assignment history shows: Soldier was National Guard, then to control group effective 080731, then TPU effective 090115. The Officer has not spent the required 1 year in the IRR and is not eligible for the Officer Affiliation Bonus.
First of all my husband was recruited, he did not contact the recruiting office; the recruiting officer contacted my husband by phone at our house. The recruiting officer said “They were short officers and asked if my husband would consider joining the US Army Reserves, as a drilling reservist.” The package included 24 months of deployment stabilization as well as a $10,000 signing bonus. At no time did the recruiting NCO mention any condition pertaining to time served in the IRR. In fact the contract does not mention the IRR in any capacity and most certainly does not mention any condition pertaining to length of time served in the IRR. Nor does the contract stipulate there may be “other” policy which would void the $10,000 bonus.
The contract is very detailed and stipulates many requirements for my husband to be eligible for the $10,000 bonus. I must state again, the contract signed by my husband and by two military representatives has absolutely no mention of a policy regarding length of time served in the IRR.
To come behind after a promise has been made and agreed to, after a contract has been signed in good faith; it is absolutely reprehensible for the military to misrepresent themselves in such a shameful manner. To lie and to deceive members of the military who have faithfully served their country for decades is shameful beyond all description.
Is this standard operating procedure for the military to recruit with incentives it has no intention of honoring by after the fact presenting the soldier with “policy” letters no one has any knowledge of, but are at the ever ready to take away what has been promised? To be so deceived is to be enlightened as to the lack of honor and good intent of military administration.
Below I have provided you with the contract, in whole, provided to, and signed by my husband and two military representatives.
Officer Affiliation Bonus
In connection with my affiliation with the United States Army Reserve under the Selected Reserve Incentive Program, I hereby acknowledge that:
1. I meet the eligibility criteria, as follows:
a. I agree to serve in the Selected Reserve in a critical officer skill, unit, or pay grade that is designated for bonus entitlement by the Secretary of the Army of his delegate.
b. I agree to complete AOC/MOS training, if required when affiliating for service in an AOC/MOS other than that which I currently hold, within 36 months of affiliation date.
c. I am currently serving on active duty (AD) for more than 30 days or I am a member of a Reserve component not on active duty and, if I previously served on active duty, I was released from that duty under honorable conditions.
d. I am not entitled to retired or retainer pay.
e. I am not affiliating to qualify for a military technician position where membership in a Reserve component is a condition of employment (a one- time temporary assignment as a military technician is excluded) or an Active Guard and Reserve (AGR) position.
f. I have not previously received an affiliation bonus for service in the Selected Reserve.
g. I am not currently receiving financial assistance under chapters 1608, 1609, or 1611, of title 10, United States Code, or special pay under section 302g of title 37, United States Code, and will not receive such assistance during the period of this agreement.
2. I shall incur the obligations of this affiliation, as follows:
a. I herby agree to serve in the Selected Reserve for not less than three years, the full period of this agreement.
b. I shall serve satisfactorily, as prescribed by the appropriate regulations of the United States Army Reserve, the complete affiliation period in the Selected Reserves of the United States Army Reserve according to my written agreement and in the critical skill, unit or grade in which affiliated, unless excused for the convenience of the government.
3. I shall be paid an affiliation bonus as follows:
a. The bonus accrues beginning on the date on which I am assigned to a designated position, unit, or pay grade pursuant to this agreement.
b. I shall receive a bonus of $10,000 paid in on lump sum upon my assignment to the designated position, unit, or pay grade pursuant to this agreement.
4. If a fail to commence or complete the service obligation incurred under this agreement for any of the reasons listed below, I understand that recoupment or entitlement to a portion of the bonus amount will be calculated in accordance with paragraph 5 below:
a. If a fail to participate satisfactorily in training and duty with the Selected Reserve including failure to maintain medical and dental readiness, during the entire period of service obligation, unless the failure to participate satisfactorily was due to reasons beyond my control 9e.g. death, injury, illness, or other impairment not the result of my own misconduct).
b. If I am involuntarily separated from the Selected Reserve unless as a result of unit inactivation, unit relocation, unit reorganization, or a DoD-directed reduction in the Selected Reserve force.
c. If I voluntarily separate from the Selected Reserve for any reason (including enlistment or voluntary order to active duty in the active forces); other than by death, injury, illness or other impairment not the result of my own misconduct, or an involuntary call-up or mobilization.
d. If I voluntarily move to a non-bonus skill, unit or grade, unless the move is required by the Reserve component.
e. If I fail to extend the contracted term of service for a period of authorized non availability.
f. If I accept a military technician position where membership in a Reserve component is a condition of employment, (a one- time temporary assignment as a military technician for 6 months or less is excluded) or an AGR position.
5. The amount to be recouped or final payment shall be computed as follows:
a. The number of months I have served satisfactorily during the term for which my bonus has been paid shall be multiplied by the monthly rate authorized by the particular bonus (calculated by dividing the total bonus amount by the number of months of service the member has agreed to serve).
b. That amount shall be subtracted from the total amount of bonus paid to date (initial and any subsequent payments).
c. If the calculation indicates overpayment to me, I shall refund that amount to the government of the United States. If the calculation indicates that I have earned more than I have been paid, I shall receive a final payment in that amount.
6. Termination from the bonus entitlement and/or any refund made by me shall not affect my period of obligation to serve in the Ready Reserve.
7. If, subsequent to completing this agreement and affiliating with the Selected Reserve, I am called or ordered to active duty, I shall be paid, during that period of active duty, any amount of the bonus that becomes payable to me during that period of active duty.
I have read and understand each of the statements above and the statements contained in this agreement signed by me, and understand that they are intended to constitute all promises or agreements whatsoever concerning my affiliation. No other promises, representation, or commitment has been made to me in connection with my affiliation bonus.
Signed by service representative 16, Jan, 09
Signed by my husband 16, Jan, 09
Typed name and grade of witnessing officer. Lenart, John R WR
As you can see, there is no mention of a policy letter, or of any requirement to serve in the IRR for any stipulated length of time.
Do you have any advice for us on how to proceed? Who we should contact? Any help or advice will be very gratefully accepted. There must be some recourse my husband and I can take to rectify this inequity.
Thank you so much,