Posted on Jun 6, 2023
How can I assist a prior service member who enlisted and received orders only for AIT, but instead was sent to basic training?
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[I am posting this on behalf of the recruit in question] This recruit ETS'ed in 07/2017 then reenlisted in 04/2023, so they are past the 5 years window to be exempt from BCT. However when the recruit signed the contract, the contract included only orders for AIT. When he asked the counselor, the counselor informed him that the recruit would not have to "go back to Basic. You go to Fort X to in process, then head to AIT." When the recruit arrived, MEPS acknowledged that his orders did not include BCT and that the date for which he was to present himself to AIT would indicate that BCT was not included, but that he would have to attend BCT anyhow.
I am a friend of the recruit and am posting this on his behalf. Is there anything the recruit can do under the circumstances? I am a civilian attorney and thus, unfamiliar with the military legal system, but is this not a situation of misrepresentation, inducement, breach of contract, etc.? I have reviewed his orders and there is no language or mention of attending BCT. I understand that representations made by recruiters or any other party are waived upon signing the contract, but what if the contract itself has no mention of BCT?
I am a friend of the recruit and am posting this on his behalf. Is there anything the recruit can do under the circumstances? I am a civilian attorney and thus, unfamiliar with the military legal system, but is this not a situation of misrepresentation, inducement, breach of contract, etc.? I have reviewed his orders and there is no language or mention of attending BCT. I understand that representations made by recruiters or any other party are waived upon signing the contract, but what if the contract itself has no mention of BCT?
Posted >1 y ago
Responses: 4
Suspended Profile
For current policy, see Army Directive 2019-31, dated 3 Oct 2019, titled "INTEGRATION OR REFRESHER TRAINING FOR PRIOR SERVICE PERSONNEL".
https://armypubs.army.mil/ProductMaps/PubForm/ArmyDir.aspx
This policy proponent is the Army G1 but the Army Training and Doctrine Command (TRADOC G3/5/7) retains authority over this policy. Sounds like a waiver may be required thru TRADOC G3/5/7.
Para #7. "PS personnel excepted in paragraph 5 and with less than a 5-year break in service who have completed Army BCT, Marine Corps Basic Training, Air Force or Navy Special Operations Forces training, or Air Force Security Forces training are exempt from attending PS-AIC, BCT, or OSUT. However, if these PS personnel have more than a 5-year break in service, they will be required to attend a Prior Service Refresher Course (PSRC) as established by the Commander, Training and Doctrine Command. The PSRC is authorized to be conducted at Regular Army or reserve component locations. PSRC waivers must be submitted to the Army Director of Training, Office of the Army Deputy Chief of Staff (DCS), G-3/5/7."
Hope this helps even a little.
https://armypubs.army.mil/ProductMaps/PubForm/ArmyDir.aspx
This policy proponent is the Army G1 but the Army Training and Doctrine Command (TRADOC G3/5/7) retains authority over this policy. Sounds like a waiver may be required thru TRADOC G3/5/7.
Para #7. "PS personnel excepted in paragraph 5 and with less than a 5-year break in service who have completed Army BCT, Marine Corps Basic Training, Air Force or Navy Special Operations Forces training, or Air Force Security Forces training are exempt from attending PS-AIC, BCT, or OSUT. However, if these PS personnel have more than a 5-year break in service, they will be required to attend a Prior Service Refresher Course (PSRC) as established by the Commander, Training and Doctrine Command. The PSRC is authorized to be conducted at Regular Army or reserve component locations. PSRC waivers must be submitted to the Army Director of Training, Office of the Army Deputy Chief of Staff (DCS), G-3/5/7."
Hope this helps even a little.
Army Publishing Directorate – Army Directives
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Miles Hosanna
Thank you for your informative response, reviewing the Army Directives has been helpful in better understanding the issue with this particular case.
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There is no possibility of a waiver for this individual. The regulation is pretty clear. A mistatement by the recruitment/enlistment personnel does not provide that type of cover.
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Miles Hosanna
Thank you for your response. That part I understood. The contract he signed included a provision that waived any prior promises/representations made by a recruiter, or any other party. My concern was primarily that his orders did not include BCT and indicated he was to report for AIT at a different location just a few weeks after enlistment. This all suggested to me that he was not going to be required to attend BCT, but after reviewing the AD, looks like he has to per regulation.
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You acknowledge the recruit is past the 5 yr window to be exempt from BCT, that is the regulation.
Just because his Guidance Counselor was wrong, does not give the recruit a "get out of BCT free" card, the reg is the reg.
The options are to terminate the contract due to erroneous enlistment, get a new contract that will correctly include BCT, or stay civilian, or go to BCT on the current contract, as required by reg.
Just because his Guidance Counselor was wrong, does not give the recruit a "get out of BCT free" card, the reg is the reg.
The options are to terminate the contract due to erroneous enlistment, get a new contract that will correctly include BCT, or stay civilian, or go to BCT on the current contract, as required by reg.
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COL Randall C.
I thought redoing BCT was changed back in 2019. If you're over the 5 year mark, don't you go though some refresher training instead of the entire BCT (don't have it now, but will look up the AD later).
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SGM (Join to see)
COL Randall C. - AD 2019 -31 states those who have more than a five year break in service may be required to attend Prior Service-Army Integration Course (PS-AIC), Basic Combat Training (BCT), or One Station Unit Training (OSUT).
PS-AIC is conducted at BCT stations, and is only a few weeks shorter than BCT.
The Soldier could end up doing PS-AIC, but since it is at a BCT station, those at MEPS are just saying "BCT", or the decision for this case could have actually been BCT.
PS-AIC is conducted at BCT stations, and is only a few weeks shorter than BCT.
The Soldier could end up doing PS-AIC, but since it is at a BCT station, those at MEPS are just saying "BCT", or the decision for this case could have actually been BCT.
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Miles Hosanna
Thank you both for your response, reviewing the Army Directives has been helpful in better understanding the issue with this particular case.
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