Legal Question in Military Law in Ohio

obligation to pay prior service reclassification bonus

Hello, my question is in june of 2006 I enlisted in the Army reserves for a $ 15,000 reclassification mos bonus, for six years, as it turns out my Army reserve unit has been unable to get me to school for my reclass Mos it has been over a year and still no school. My contract says my bonus will be paid upon completion and award of new Mos. My the unit has not been able to get me a reserved school seat. Since this ''terrible'' process is still going on, and I am watching other people in my unit who are already trained get deposits of there reenlistment bonuses. I am still waiting with no school date in sight, why can't my bonus be paid since it is not my fault they can't get me a school seat?

Asked on 6/22/07, 3:49 am

1 Answer from Attorneys

Anthony DeWitt Bartimus, Frickleton Robertson & Gorny, PC

Re: obligation to pay prior service reclassification bonus

Bonus contracts are strictly interpreted, and the military's failure to perform on their end doesn't entitle you to the bonus. Unfortunately you have to wait for the school and the MOS reclass before you'll get the money.

There is an obscure provision of the Uniform Code of Military Justice called "Redress of Grievances" (Art. 134 I believe) that entitles you to file a complaint about the perceived wrong. You may want to consult with JAG about doing so (because such a complaint goes all the way to the Secretary of the Army). If you and the unit are not getting any traction on your request for the school, that may do the trick.

Good luck.

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Answered on 6/22/07, 9:41 am

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