How can I assist a prior service member who enlisted and received orders only for AIT, but instead was sent to basic training?

Miles Hosanna — Tue, 06 Jun 2023 17:39:37 -0400

[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?

Response by SSG(P) Private RallyPoint Member made Jun 6 at 2023 6:33 PM

SSG(P) Private RallyPoint Member — Tue, 06 Jun 2023 18:33:29 -0400

I would have them contact HRC or there branch manager. Your orders always dictate where you go.

Response by SGM Private RallyPoint Member made Jun 6 at 2023 8:49 PM

SGM Private RallyPoint Member — Tue, 06 Jun 2023 20:49:31 -0400

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.

Response by COL Dan Ruder made Jun 6 at 2023 10:20 PM

COL Dan Ruder — Tue, 06 Jun 2023 22:20:38 -0400

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.

Army Publishing Directorate – Army Directives

Army DA administrative publications and forms by the Army Publishing Directorate APD. The latest technologies high quality electronic pubs and forms view U.S. Army Regulations and DA Forms.

Response by CSM Darieus ZaGara made Jun 7 at 2023 7:27 AM

CSM Darieus ZaGara — Wed, 07 Jun 2023 07:27:38 -0400

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.