BOARD DATE: 10 April 2014 DOCKET NUMBER: AR20130012718 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 an exception to policy to cancel the recoupment action of the first half of his enlisted affiliation bonus and payment of the bonus in full. 2. The applicant states this action is requested due to career progression in becoming a commissioned officer of the Army National Guard (ARNG). He enlisted in the ARNG on 28 July 2008 with a 3-year enlisted affiliation bonus contract. He was unable to fulfill his obligation due to career progression. On 9 April 2010, he began Officer Candidate School (OCS) and after completing the program, he was commissioned on 6 August 2011. 3. The applicant provides: * Exception to policy denial memorandum * DD Form 4 (Enlistment/Reenlistment Document) * Annex B (Enlisted Affiliation Bonus Addendum - ARNG) * DA Form 71 (Oath of Office - Military Personnel) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 14 July 2004. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 63H (Tracked Vehicle Mechanic). 2. On 13 July 2007, he was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation. 3. He enlisted in the Maryland ARNG (MAARNG) for 3 years on 28 July 2008. Section VI (Remarks) of his DD Form 4 states he enlisted for MOS 63B (Wheel Vehicle Mechanic) and assignment to G Company, 126th Brigade Support Battalion (BSB), Unit Identification Code (UIC) WP9RG0. It also shows he enlisted for a 3-year Affiliation Bonus in the amount of $10,000. 4. In connection with this enlistment, he completed Annex A (Enlistment/Reenlistment Agreement - ARNG) wherein he indicated he understood he would undergo training in MOS 63B and that he was enlisting for 3 years in the rank of E-4 for assignment to G Company, 126th BSB, UIC: WP9RG0, in exchange for a $10,000 Affiliation Bonus. 5. He also completed Annex B to DD Form 4. This form shows: * he is MOS qualified or qualified within substitution rules for the duty position for which he is being assigned * he is affiliating into the following UIC: WP9RG0 * he is not enlisting under the OCS enlistment option * he is enlisting for a 3-year Affiliation Bonus in a non-critical unit against a projected vacancy and his bonus would be paid in two 50 percent installments * the bonus would be terminated if he did not become qualified in or awarded the primary MOS required for his position within 36 months of transfer due to command-directed unit inactivation, reorganization, or relocation 6. There is no indication he completed training in MOS 63B. 7. He was honorably discharged from the ARNG on 5 August 2011 to accept appointment as a commissioned officer. 8. He was appointed as a commissioned officer of the Army and the MAARNG and executed an oath of office on 6 August 2011. 9. It appears he submitted a requested for an exception to policy to the National Guard Bureau (NGB). His request is not available for review with this case. 10. On 13 February 2013, the NGB denied his request and instructed the State Incentives Manager to terminate the incentive with recoupment. The NGB official stated the applicant enlisted in the ARNG for 3 years in MOS 63B. However, he did not become duty MOS qualified (DMOSQ) as a 63B and failed to become qualified in this MOS. Therefore, he failed to fulfill the obligation to become qualified in the contracted MOS and he remains ineligible for the bonus. 11. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), paragraph 2-5, provides that 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 available evidence confirms the applicant enlisted in the ARNG for 3 years, in MOS 63B, for a vacant and valid position in the 126th BSB. His bonus was contingent on becoming MOS qualified and affiliation in the duty MOS of 63B. 2. There is no evidence in his records and he provides none to show he became qualified in this MOS. Therefore, he failed to fulfill the obligation to become qualified in the contracted MOS and he remains ineligible for the bonus. 3. In the absence of additional documentary evidence that shows the applicant completed the required training and/or became MOS qualified in the MOS he contracted for there is insufficient evidence to grant him the requested relief. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X__ ____X____ ___X_____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ 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) AR20130012718 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130012718 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1