Expert: Cynthia Bedell - 8/27/2008

Question
I reenlisted after being out of the army for 17 years.  I was in for 3 active and 1-2 years national guard.  I elisted for 6 years in the reserve last year my bonus problem is this:  On my LES it says that I have 20 years time in (as a specialist how funny)  I have MOSQ'd so now I am expecting my bonus.  For 4 months now I've been expecting.  The people at Battalion say that I've been in over 10 and I was never entitled to one in the first place.  I have submitted all paperwork necessary and my unit seems to be dropping the ball on this one.   What do I do next? I only have 4-6 years total and thats counting the one year in the delayed entry program, and the 1-2 years that that I was in the guard.   I f I don't get the bonus that I signed up for can I get out because of breach of contract?(which I don't want)  How do I fix my records?  Am I entitled to get out.  Help I seem to be getting stone-walled.

Answer
Dear Jerry --

First, take all your documents to the Judge Advocate General's Office.  Take your discharge papers (DD 214) from your previous service, and your current contract, as well as any other documents that prove you have been out of the service.  They should be able to advocate for you at finance, and fix your bonus payment problem.  If you are getting more than $10,000, your bonus will be paid out over a few years.

If the JAG office determines that the National Guard never discharged you 17 years ago, you will have to go before the military board of corrections to get your period of service corrected.  Once your period of service is reduced, that will make your current contract valid, and authorize your bonus payment.

If you cannot get this fixed that way, I recommend you submit your retirement paperwork.  That will get finance to prove your don't have 20 years of service.  But the Army cannot have it both ways, either you deserve your bonus for this enlistment, or you deserve retirement because you have already served 20 years.

Good luck to you, please write back, if there are other issues as you go through the process of getting your records corrected.