IN THE CASE OF:	  

		BOARD DATE:	  3 August 2010

		DOCKET NUMBER:  AR20100013663 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, payment of her enlistment bonus that was executed on 13 September 2007 while in the Kentucky Army National Guard (KYARNG).

2.  The applicant states that she signed a contract for a bonus at the time of enlistment and she was assigned a bonus control number.  She completed initial active duty for training (IADT) and she was found not to be eligible for the bonus because she is not assigned to a valid position in her military occupational specialty (MOS) of 27D1O (Legal Specialist).  Her unit's strength is at 200% for this MOS.  However, she held up her end of what she understood to be an agreement and she is entitled to receive the bonus.  The State is not holding up their end of the contract.  None of this was her fault and such strength should have been determined prior to her enlistment.  She signed a contract with the KYARNG with great career expectations and completed IADT only to find out she was robbed of $20,000.00.

3.  The applicant provides the following documents:

* A DD Form 4 (Enlistment/Reenlistment Document)
* A DD Form 1966 (Record of Military Processing)
* A DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Annex E to DD Form 4 (Non-Prior Service Enlistment Bonus Addendum)
* A Guard Annex (Enlistment/Reenlistment Agreement - Army National Guard)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the KYARNG in the rank/grade of private/E-1 for a period of 8 years on 13 August 2007.  In connection with this enlistment she and her recruiter signed various allied documents as follows:

	a.  A DD Form 1966 shows she would be assigned to Headquarters and Headquarters Battery, 138th Field Artillery Brigade, Lexington, KY with duties in MOS 27D, and the strength of this MOS was 96% at the time the contract was executed.  

	b.  Annex E to her DD Form 4 shows she enlisted for a $20,000.00 bonus.  A KYARNG recruiter certified the bonus by placing the bonus control number of "E0709" on the contract.  Section III of this annex states that she would receive the first payment of this bonus at the rate of 50% upon completion of IADT and award of the MOS for which enlisted and she would receive a second and final payment of the remainder of the bonus on the 36th month of her enlistment anniversary.

2.  On 30 April 2008, she entered IADT.  She completed basic combat and advanced individual training and she was awarded MOS 27D1O (the 1 indicates her skill level and is used for E-1s through E-4s).  She was released from IADT on 20 September 2008 to the control of her ARNG unit.

3.  On 4 November 2008, she was promoted to private first class/E-3 in MOS 27D1O. 

4.  On 5 October 2009, subsequent to her petition to this Board through her Member of Congress, her case was administratively returned without action because she had not exhausted her administrative remedies through the KYARNG or the National Guard Bureau (NGB).

5.  Various advisory opinions from the KYARNG and the NGB were received in the processing of this case.  

	a.  On 13 April 2010, the KYARNG State Incentives Manager stated that at the time of the applicant's enlistment, a bonus control number was not requested from the Information Management and Reporting Center (iMARC).  Furthermore, the only 27D vacancy in her unit was already held by an E-6 as appropriate for the position.  It appeared the applicant was recruited into a slot at 200% strength.


	b.  On 5 May 2010, the Chief, Education, Incentives, and Employment Division, NGB, stated that to qualify for the bonus, an individual must enlist into a valid, vacant position or against a projected vacancy within 101% to 125% of the unit's authorized wartime strength.  The applicant in this case enlisted into a unit that was at 200% strength.  She did not meet the eligibility criteria for the bonus.  Additionally, due to the rigid Selected Reserve Incentive Program (SRIP) policy, retroactive entitlement to an incentive offered under the policy is not authorized even when the applicant was not at fault in breaching a contract or even when recruiting officials make an error in processing a non-prior service enlistment bonus (NPSEB).

	c.  On 19 May 2010, the Deputy J1, KYARNG, stated the KYARNG maintained its position that the applicant is ineligible to receive an exception to policy for the $20,000.00 NPSEB for a non-critical skill based on the SRIP Guidance for Fiscal Year 2007, 2008, and 2009.

	d.  On 26 May 2010, the Chief, Personnel Division, NGB, recommended approval of the applicant's request for the payment of her enlistment bonus.

6.  She was provided a copy of this advisory opinion on 28 April 2010, but she did not respond. 

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, provides enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she should be paid her $20,000.00 enlistment bonus. 

2.  The evidence of record confirms the applicant enlisted under the NPSEB for an MOS and a unit that was at 96% strength.  Her recruiter annotated her enlistment contract or allied documents with a bonus control number.  She fulfilled her contractual agreement by completing IADT and holding the MOS.


3.  It is evident that several errors were committed in the processing of her enlistment.  But regardless whether her bonus control number was valid or not or whether the unit was at 96% or 200%, none of this was her fault.  She should not be penalized for errors committed by KYARNG recruiting officials.

4.  The applicant met all of the requirements she agreed to on her NPSEB contract; therefore, she should be entitled to receive payment of the bonus. 

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected to show that she:

	a.  received a valid bonus control number upon enlistment in the KYARNG for the enlistment bonus in the amount of $20,000.00; 

	b.  is eligible for payment of the bonus in accordance with the terms of her enlistment contract; and

   c.  be paid the bonus as specified in her enlistment contract.



      __________X______________
       	     CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20100013663



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ABCMR Record of Proceedings (cont)                                         AR20100013663



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