RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000126


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he receive the Selected Reserve
Incentive Program (SRIP) reenlistment bonus and Student Loan Repayment
Program (SLRP) entitlements he was guaranteed in his reenlistment contract.

2.  The applicant states, in effect, that he entered into his reenlistment
contract with the Army National Guard (ARNG) in good faith to serve in
military occupational specialty (MOS) 11B (Infantryman) and with the
understanding that he would be authorized a $2,000 reenlistment bonus and
SLRP entitlements in the amount of $10,000 plus accrued interest.  He adds
that the reenlistment bonus was to be paid in two disbursements (i.e., half
on reenlistment and the remaining half on the third anniversary of his
reenlistment).  He also states that he served continuously in MOS 11B
throughout the period of his reenlistment; however, on 1 July 2002 he was
administratively transferred into a non-bonus MOS and position (i.e., 92G,
Cook) without his consent or knowledge.  As a result, he was notified that
he was not MOS qualified for his position and therefore ineligible for the
remaining half of the reenlistment bonus.  In addition, annual payment of
his student loans was also denied.  The applicant cites specific paragraphs
of the regulatory guidance contained in National Guard Regulation (NGR) 600-
7 (Selected Reserve Incentive Programs), offers relevant information to his
case, and his understanding of the regulatory provisions.  The applicant
further states, in effect, that the intent nor the administration of the
SRIP or SLRP were carried out properly in his case, even though he was
fully qualified and complied with all the necessary requirements of the two
programs.  He concludes by stating that because of the error he was not
paid the remaining $1,000 of his SRIP bonus on the anniversary of his
reenlistment, nor the annual $1,500 SLRP entitlement that was due him.  He
also requests that the order transferring him to the food service position
be revoked.

3.  The applicant provides the following documents in support of his
application:  a self-authored statement, dated 3 December 2003; 2 DA Forms
4836 (Oath of Extension of Enlistment or Reenlistment), dated 2 May 2000
and 3 May 2000; NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836,
Reenlistment/ Extension Bonus Addendum, Army National Guard of the United
States); NGB Form 600-7-5-R-E (Annex S to DD Form 4, Student Loan Repayment
Program Addendum, Army National Guard of the United States); Federal
Student Aid (FSA), Direct Loan Servicing, Summary of Payments Received for
Account #_________, dated 20 December 2005; Headquarters, Oregon National
Guard, Salem, Oregon, Orders 182-082, dated 1 July 2002; and Joint Force
Headquarters, Oregon National Guard, Office of the Inspector General,
Salem, Oregon, memorandum, dated 18 November 2005.
CONSIDERATION OF EVIDENCE:

1.  The applicant's military service records show that he enlisted in the
U.S. Army Reserve on 25 May 1989, completed basic combat training and
advanced individual training, and was awarded MOS 11B (Infantryman).  On 4
November 1994, the applicant enlisted in the Oregon ARNG, where he
continued to serve in MOS 11B.

2.  The applicant's military service records contain two DA Forms 4836
which show that he reenlisted on 2 May 2000 in the Oregon ARNG for a period
of
3 years in MOS 11B and then on 3 May 2000 for an additional period of 3
years.  Item 8 (Provisions and Computation of this Extension) of these two
forms shows, respectively and in pertinent part, the entries "I ACCEPT THE
EXTENTION (sic) BONUS" followed by the applicant's initials (i.e.,
"G.B.S.") and "I ACCEPT THE SLRP" followed by the applicant's initials
(i.e., "G.B.S.").

3.  The applicant's military service records contain a NGB Form 600-7-3-R-E
which shows, in pertinent part, the applicant's eligibility for a
reenlistment bonus, that the terms of the applicant's reenlistment were
acknowledged, and that he would receive a total bonus of $2,000.  This
document further shows that the initial payment of $1,000 will be paid to
the applicant on the date his reenlistment takes effect and subsequent
payment of $1,000 will be processed upon completion of 3 years of service.
Section V (Termination) of this document contains the conditions for
termination from bonus eligibility and the terms of recoupment are
contained in Section VI (Recoupment).  Section VIII (Authentication) of the
document shows that the applicant and the official reenlisting the
applicant both affixed their signatures to the document.

4.  The applicant's military service records contain a NGB Form 600-7-5-R-E
which shows, in pertinent part, the applicant's eligibility for the SLRP;
that he was reenlisting in a valid position vacancy and in the critical
skill MOS 11B, which was authorized for the SLRP; and the applicant had one
existing loan in the amount of $35,000; however, the total amount of
repayment for qualifying loans will not exceed $10,000 plus accrued
interest.  Section V (Termination) of this document contains the conditions
for termination of SLRP eligibility and the applicant affixed his initials
to Item 12 indicating he had read and understood the contents of Section V.
 Section VI (Authentication) of the document shows that the applicant and
the official reenlisting the applicant both affixed their signatures to the
document.

5.  The applicant's records contain a copy of a DA Form 2166-7 (NCO
Evaluation Report), for the period December 1999 through June 2000.  This
document shows, in pertinent part, that during this period the applicant
served in principal duty of squad leader, in duty MOS 11B3G, and his
primary MOS was 11B3V.

6.  The applicant's records contain a copy of a DA Form 2166-7, for the
period August 2000 through July 2001.  This document shows, in pertinent
part, that during this period the applicant served in the principal duty of
an instructor/writer, in duty MOS 11B3V, and his primary MOS was 11B3V.

7.  The applicant's records contain a copy of Headquarters, 41st Separate
Infantry Brigade, Portland, Oregon, Orders 313-01, dated 9 November 2001,
which shows that the applicant was promoted to the grade of rank of
sergeant first class/pay grade E-7, in MOS 11B4V, effective 9 November
2001.

8.  The applicant's records contain a copy of a DA Form 2166-8 (NCO
Evaluation Report), for the period August 2001 through July 2002.  This
document shows, in pertinent part, that during this period the applicant
served in the principal duty of an instructor/writer, in duty MOS 11B4V,
and his primary MOS was 11B4VF7.

9.  The applicant's records contain a copy of a DA Form 2166-8, for the
period August 2002 through June 2003.  This document shows, in pertinent
part, that during this period the applicant served in the principal duty of
a senior instructor, in duty MOS 11B4V, and that his primary MOS was
11B4VF7.

10.  The applicant's records contain a copy of a DA Form 1059 (Service
School Academic Evaluation Report), for the period 26 April 2003 through 10
May 2003. This document shows, in pertinent part, that during this period
the applicant successfully completed the 11B4O Infantryman Advance
Noncommissioned Officer (Phase 2) Course at the Indiana Regional Training
Institute and shows his MOS code as 11B4O.

11.  The applicant's records contain a copy of Headquarters, National Guard
Bureau, Arlington, Virginia, Orders 170-7, dated 19 June 2003.  This
document shows that the applicant was ordered to active duty in Active
Guard/Reserve status, with a report date of 23 June 2003.  This document
also shows, in pertinent part, that the applicant was attached to the U.S.
Army Ranger Training Brigade, Fort Benning, Georgia, with duty at
Headquarters and Headquarters, 4th Battalion, Ranger Training Brigade, Fort
Benning, Georgia, to serve as Pre-Ranger, Noncommissioned Officer in Charge
(NCOIC) and that his primary MOS was 11B4V.

12.  The applicant's records contain a copy of a DA Form 2166-8 for the
period July 2003 through December 2003.  This document shows, in pertinent
part, that during this period the applicant served in the principal duty of
NCOIC (i.e., First Sergeant, ARNG Pre-Ranger Course), in duty MOS 11B5V,
and that his primary MOS was 11B4VF7.

13.  In support of his application the applicant provides a self-authored
statement, his reenlistment documents, and a FSA, Direct Loan Servicing,
Summary of Payments Received.  These documents, in pertinent part, provide
information concerning the terms of the applicant's reenlistment, his
eligibility for the SRIP reenlistment bonus in MOS 11B, and his eligibility
for payment of SLRP entitlements.  The applicant also provides a copy of
the order that transferred him to serve as a Food Service Sergeant (MOS
92G4O), effective 1 July 2002.  This document shows, in pertinent, that the
applicant was qualified to serve in the duty position, that he remained
entitled to his SRIP reenlistment bonus, and that the authority for the
transfer was NGR 600-200, paragraph 5-26.  The memorandum from the Oregon
National Guard, Office of the Inspector General, in pertinent part, offers
that "[h]owever, the unit did not follow the guidance in accordance with
regulation NGR 600-200, para 5-25.a. (sic)" and advises the applicant to
appeal the decision of termination by applying to this Board for relief.

14.  In the processing of this case, an advisory opinion was obtained from
the Chief, Incentives and Budget Branch, Enlisted Accessions Division,
Office of the Deputy Chief of Staff, G1 (DCS, G-1).  It states that in
reviewing the applicant's case, it was determined that he reenlisted in the
ARNG on 3 May 2000 for MOS 11B, an MOS listed in the SRIP.  The applicant
was guaranteed a bonus of $2,000 and SLRP not to exceed $10,000 plus
accrued interest (payable at an annual rate not to exceed $1,500 or 15
percent of the loan, whichever is grater).  In this case, the applicant
should have been paid on the anniversary of his enlistment beginning in May
2001.  However, in requesting his anniversary payment in May 2003, the
applicant was informed that his entitlement to the SLRP was terminated due
to his reclassification into MOS 92G (Cook).  This reclassification was
apparently without the consent of the applicant and, according to the
Oregon State Inspector General's office, the ARNG unit did not follow the
regulatory guidance.  The advisory official concludes that, in this case,
the ARNG unit erred in counseling the applicant regarding the continuation
of SLRP entitlements and recommends the applicant be given relief.  The
advisory opinion also notes that the order that transferred the applicant
to serve in MOS 92G contained the statement "SRIP:  Yes, Termination:  No",
indicating that the applicant's SRIP (i.e., reenlistment bonus) would not
be terminated.

15.  The applicant was provided a copy of the DCS, G-1 advisory opinion in
order to have the opportunity to respond; however, to date, a response has
not been received.

16.  NGR 600-200 (Enlisted Personnel Management), paragraph 5-26 (Voluntary
assignment) provides, in pertinent part, that "[s]oldiers may request
assignment to ARNG units by applying to the unit of their choice."

17.  NGR 600-7 (Selected Reserve Incentive Programs) prescribes policies
and procedures for the administration of the ARNG of the United States
incentive programs and is used for the SRIP, which includes enlistment
bonus, reenlistment/extension bonus, affiliation bonus, Student Loan
Repayment Program (SLRP), and the civilian acquired skills program (CASP).

18.  Paragraph 1-10 (Personnel movement between ARNG units) of NGR 600-7
applies to Soldiers who voluntarily or involuntarily transfer (i.e., due to
unit inactivation, reorganization, or relocation) and also applies to
Soldiers who voluntarily transfer within the state or request interstate
transfer.

19.    Paragraph 1-13 (Required documents) of NGR 600-7 provides, in
pertinent part, that applicants for programs administered by this
regulation are required to sign documents which specify the eligibility
criteria and the term of service for the desired incentive.

20.    Paragraph 1-17 (Suspension of SRIP incentives) of NGR 600-7 provides
the conditions when participants will be suspended from the incentive
program and will not receive any payments.  This document shows, in
pertinent part, that participants will be suspended for not being qualified
and awarded the MOS for their position during a period of reclassification.

21.  Paragraph 5-5 (Termination and processing) of NGR 600-7 provides the
conditions when entitlement and eligibility to the SLRP will be terminated.
 This document shows, in pertinent part, that a participant will be
terminated from the SLRP when they voluntarily transfer to a non-bonus unit
and a non-critical skill, as of the effective date of the transfer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to the remaining half of his
SRIP reenlistment bonus (i.e., $1,000) and an anniversary payment (i.e.,
$1,500) due him on 3 May 2003 under the SLRP because he served the entire
term of his reenlistment contract in MOS 11B, did not voluntarily transfer
to a non-bonus unit, did not reclassify into a non-critical skill, or
otherwise become ineligible for the SRIP reenlistment bonus or SLRP
entitlement.

2.  Headquarters, Oregon National Guard, Salem, Oregon, Orders 182-082,
dated 1 July 2002, show that the applicant was transferred to Headquarters
and Headquarters Company, 1st Battalion, 186th Infantry, to serve as a Food
Service Sergeant in MOS 92G, effective 1 July 2002.  However, there is no
evidence of record to show that the applicant either voluntarily or
involuntarily transferred (i.e., due to unit inactivation, reorganization,
or relocation), or that he voluntarily applied to reclassify into MOS 92G
and transfer to the unit to serve in a non-bonus unit and a non-critical
skill.  Therefore, Headquarters, Oregon National Guard, Salem, Oregon,
Orders 182-082, dated 1 July 2002, should be revoked.

3.  The applicant’s reenlistment contract and allied papers confirm that he
reenlisted in the Oregon ARNG for a $2,000 SRIP critical MOS bonus and that
he was entitled to $10,000 under the SLRP, as authorized in his enlistment
contract.  In addition, the preponderance of evidence of record (i.e., 4
NCO Evaluation Reports, a Service School Academic Report, and a promotion
order) all show that the applicant served continuously in MOS 11B in
infantry/ranger units throughout the entire term of his reenlistment.
Moreover, the evidence of record shows that the applicant remained fully
qualified and served successfully in MOS 11B during the entire period of
his reenlistment.  Therefore, the applicant is entitled to the remaining
half of his SRIP reenlistment bonus and the final SLRP anniversary payment.

BOARD VOTE:

__SLP___  __RML__  __JGH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief.  As a result, the Board recommends
that the State Army National Guard records and the Department of the Army
records of the individual concerned be corrected by revoking Headquarters,
Oregon National Guard, Salem, Oregon, Orders 182-082, dated 1 July 2002;
thereby showing that the applicant remains entitled to the $2,000 Selective
Reenlistment Incentive Program reenlistment bonus and $10,000 Student Loan
Repayment Program entitlement authorized in his reenlistment contract.

2.  That the Defense Finance and Accounting Service (DFAS) provide the
applicant payment of the remaining half of his Selective Reenlistment
Incentive Program reenlistment bonus (i.e., $1,000.00) and the Student Loan
Repayment Program anniversary (i.e., 3 May 2003) payment of $1,500.00, to
which he remains entitled.




                                       __Shirley L. Powell____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000126                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |112.1100.0000                           |
|2.                      |112.1200.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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