BOARD DATE:	  12 January 2011

		DOCKET NUMBER:  AR20100012761 


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 payment of a $20,000.00 Non-Prior Service (NPS) Enlistment Bonus.

2.  He states at the time of his enlistment, he was entered into the Active First (AF) Pilot Program in military occupational specialty (MOS) 21B (Combat Engineer) with an enlistment bonus of $20.000.00.  He adds he was only a junior in high school and was not eligible for the program.  He maintains there were no 21B slots available in the Minnesota Army National Guard (MNARNG), so he was assigned to a different unit in MOS 92G (Cook).  He states this was not an MOS he was interested in and therefore, he selected MOS 91C (Utilities Equipment Repairmen) with the understanding he would receive the original enlistment bonus of $20,000.00.  He maintains he was not told until he graduated from advance individual training and reported to his unit that the bonus was not entered into the system.  He was informed he was not eligible for any bonus, but believes he should still receive his enlistment bonus due to no fault of his own.  

3.  He provides the following:

* Memorandums, Subject:  Exception to Policy, dated 6 January 2010 and 14 January 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document) 
* DA Form 4187 (Personnel Action)
* Reservation Enlistment Training Letters

* E-mail messages
* Memorandums, Subject:  Request for Exception to Policy for NPS Non-Critical Skill Enlistment Bonus, dated 1 February 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the MNARNG in the rank/grade of private/E-1 for a period of 8 years on 21 March 2008.  In connection with this enlistment he and his recruiter signed various allied documents:

2.  Annex E to his DD Form 4 shows he enlisted for a $20,000.00 NPS bonus in MOS 21B, a non-critical skill.  Section III of this annex states he would receive the first payment of this bonus at the rate of 50 percent upon completion of initial active duty for training (IADT) and award of the MOS for which enlisted and he would receive a second and final payment of the remainder of the bonus on the 36th month of his enlistment anniversary.

3.  A Reservation Enlistment Training Letter shows he was tentatively scheduled to attend one station unit training in MOS 21B with a start date of 8 August 2008 for a period of 14 weeks.  

4.  In an e-mail, dated 25 March 2009, the Recruit Sustainment Program (RSP) Site Noncommissioned Officer in Charge (NCOIC) said the applicant initially enlisted on 21 March 2008 as a 21B and supposedly under a split training option. He changed jobs to a 92G, but itm would be best for him and the unit to change him to a 52C.  The RSP Site NCOIC added the applicant signed a bonus addendum for a NPS bonus, but a control number was never requested.  The RSP Site NCOIC said he attached a new DA Form 4187 and requested a reservation number.  The  DA Form 4187, dated 26 March 2009, shows the applicant's duty assignment was changed from 92G to 52C.

5.  A Reservation Enlistment Training Letter shows he was tentatively scheduled to attend IADT in MOS 91C with a start date of 17 July 2009 for a period of 21 weeks.  

6.  His DD Form 214 shows he entered active duty on 6 July 2009 and was released from IADT on 17 December 2009.  His MOS was listed as 52C and he was credited with completing 5 months and 12 days of IADT. 

7.  In an e-mail from E Company Readiness NCO, dated 30 December 2009, he said it looked as though a bonus control number was never requested.  He said the applicant enlisted as a 21B split option under AF.  He added that was obviously not an option and the applicant had to change his MOS because there were no 21B slots left in the State at the time.  

8.  Supporting memorandums from the company commander and the MNARNG Recruiting and Retention representative recommended approval on the applicant's request to receive a $20.000.00 NPS Enlistment Bonus.  The representative said the applicant enlisted in the MNARNG under a program he was not qualified for at the time under MOS 21B.  He said his contract was renegotiated to a 52C and under the current Selected Reserve Incentives Program (SRIP) he would have been entitled to the $20,000.00 enlistment bonus.  However, due to no fault of the applicant, during his initial enlistment and renegotiation of his contract, no bonus control numbers were submitted.  

9.  On 1 February 2010, the Chief, Education, Incentives, and Employment Division, National Guard Bureau (NGB), stated that in accordance with the AF Pilot Program Policy, NGB-ARH Policy Memo Number 07-033,6c (the Split training option is not authorized for AF enlistments).  Under 8a(6)(a) incentive agreements for ARNG incentives have to be completed under the SRIP policy at the time of enlistment and in accordance with eligibility requirements.  If the Soldier elects not to ship for the AF program he would be allowed to obtain the ARNG incentive.  She explained the applicant enlisted into the AF program while a junior in high school which was not authorized and he did not complete any incentives agreements at the time of enlistment that corresponded with the SRIP policy.  In addition, there were no valid bonus control numbers from the Incentive Manager when released from the AF program prior to shipping; therefore he remains ineligible for the incentive. 

10.  On 20 October 2010, the Chief, Personnel Policy Division, NGB, reiterated the information cited above.  Additionally, he stated the error in the applicant's contract was discovered and his contract was renegotiated to a standard 6 X 2 enlistment bonus with a $20.000.00 NPS Enlistment agreement.  He offered a bonus control number should have been requested at the time of renegotiation, but was not.  He further stated when the applicant entered into military service as agreed, the deficiencies in the bonus agreement were brought about by no fault of the applicant and he would have otherwise been eligible to receive the bonus.  He concluded that payment of the agreed-upon bonus to the applicant is appropriate under the circumstances.

11.  On 20 October 2010, he was provided a copy of this advisory opinion, but he did not respond. 



12.  U.S. Army Human Resources Command (HRC) Enlisted Conversion Chart shows that MOS 52C was converted to 91C effective 1 October 2009. 

13.  Army National Guard Policy Memo #07-33, dated 2 October 2007, establishes the general framework and policy governing the AF Enlistment Option Pilot Program.  Paragraph 6c states, in pertinent part, that the split training option is not authorized for AF enlistments.

14.  Additionally, paragraph 8a(6)(a) and (c) states an AF enlistee may change their mind prior to shipping and remain in the ARNG; thus, voiding the Active Army portion of their contract.  The Soldier is entitled to ARNG SRIP if they elect to remain in the ARNG before they ship if at the time of their enlistment in the ARNG, the enlistee contracts for a SRIP bonus for which they qualified under the SRIP policy in effect at the time of enlistment.  

15.  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 evidence of record shows the applicant enlisted under the AF program while a junior in high school which he was not authorized to do under this program.  Additionally, there was no valid bonus control number listed on his contract. 

2.  His contract was renegotiated and in December 2009, he fulfilled his contractual agreement by completing IADT.  He was awarded MOS 52C which was later converted to 91C.

3.  It is evident that several errors were committed in the processing of his enlistment.  He was assigned into a program he was not authorized and when his contract was renegotiated, there was no bonus control number annotated on his contract.  Regardless of these facts, he should not be penalized for errors committed by MNARNG recruiting officials.

4.  Therefore, in the interest of equity and justice it would be appropriate to show he met all of the requirements and is 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 he:

	a.  received a valid bonus control number upon enlistment in the MNARNG 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 his enlistment contract; and

   c.  be paid the bonus as specified in his 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)                                         AR20100012761





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ABCMR Record of Proceedings (cont)                                         AR20100012761



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