BOARD DATE:	  10 November 2010

		DOCKET NUMBER:  AR20100013041 


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 his enlistment bonus as stated in his enlistment contract that was executed on 25 February 2009 in the Michigan Army National Guard (MIARNG).

2.  The applicant states he enlisted for a $15,000 bonus for filling an open slot in Headquarters and Headquarters Company (HHC), 46th Military Police (MP) Company, in military occupational specialty (MOS) 42A (Human Resources Specialist).  To be eligible for the bonus he was required to enlist for 6 years and become MOS qualified (MOSQ) within 24 months of his enlistment.  He met the requirements for the enlistment bonus; however, payment of his bonus was denied.  He was told he would be paid the bonus in two installments, the first after being MOSQ and the second on his third enlistment anniversary.  A bonus control number (BCN) was issued by the Joint Forces Headquarters, State Incentive Department of the MIARNG and officials at the MIARNG were fully aware he had previously served in the U.S. Marine Corps (USMC) as an infantryman and that at the time he enlisted in the MIARNG, he was not MOSQ.  Nevertheless, he attended MOS school from October through November 2009 and upon completion of the training he was issued a DA Form 1059 (Service School Academic Evaluation Report) showing he successfully completed both phases of his MOS.  He signed his contract in good faith and fulfilled the agreed-upon clauses.  He expects payment of his bonus.




3.  The applicant provides the following documents:

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

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the USMC from April 1990 to January 1994, the applicant's records show he enlisted in the MIARNG in the rank/grade of specialist/E-4 for a period of 6 years on 25 February 2009.  In connection with this enlistment he and his recruiter signed various allied documents as follows:

	a.  A DD Form 1966 shows he would be assigned to HHC, 46th MP Company, in the grade of E-4, with duties in MOS 42A, with a $15,000 bonus.

	b.  Annex X to his DD Form 4 shows the entry "I am not qualified in the primary MOS for which I am enlisting, but have enlisted into an MTOE [Modified Table of Organization and Equipment] unit in critical skill 42A and agree to attend formal training and become qualified in my contracted MOS within 24 months of my date of enlistment.  I understand that my initial bonus will not be processed until I become Duty MOS qualified."  This form also shows BCN "P09xxxxxx9MI" was issued on 25 February 2009.

2.  His records show he completed Phase I of MOS 42A training from 17 October to 30 October 2009 and Phase II of the same MOS from 31 October to 13 November 2009.  

3.  On 25 January 2010, by memorandum, the Chief, Education, Incentives, and Employment Division, National Guard Bureau (NGB), denied the applicant's request for an exception to policy to allow him to receive his $15,000 bonus because he was not MOSQ at the time of enlistment and the MOS in which he enlisted was not a critical skill for the State at the time.  

4.  On 22 February 2010, by memorandum, the applicant's Recruiting and Retention Noncommissioned Officer (NCO) stated the applicant was promised a $15,000 bonus and his eligibility was verified through the Office of the State Incentive Manager who issued the BCN.  He added that the applicant stated he did not care what MOS he enlisted into, as long as he would qualify for the bonus.  The NCO also stated that he spent a long period of time on the phone with someone at the Incentive Branch who told him to put the applicant in a vacant slot as a 42A in the 46th MP Company and issued the BCN.

5.  An advisory opinion was obtained on 20 September 2010 from an official at the Personnel Division, NGB, in the processing of this case.  The official recommended approval of the applicant's request to be paid his $15,000 enlistment bonus.  He stated the applicant complied with the requirements of his enlistment contract.  He added that according to the ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 10 August 2007 through 31 March 2008 (Policy Number 07-06), Subject: Prior Service Enlistment Bonus (PSEB) Eligibility, the ARNG offers two PSEB options to PS applicants who enlist in the ARNG for 6 years: Enlist MOSQ in a critical Unit Identification Code (UIC) or enlist MOSQ or Not MOSQ in an MTOE unit.  Applicants must not have more than 16 years of total prior service in the ARNG; be MOSQ for the position for which enlisted; agree to retrain in a critical MOS vacancy within an MTOE unit and become MOSQ within 24 months of enlistment; have a prior honorable discharge; not enlist to become a military technician or Active Guard Reserve; not enlist in a Table of Distribution and Allowances (TDA) unit; not enlist under a conditional release from another component; and not enlist under the Officer Candidate School program.  

6.  The applicant was provided a copy of this advisory opinion but 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 he should be paid his $15,000 enlistment bonus. 

2.  The evidence of record confirms the applicant enlisted as a 42A into the 46th MP Company for a period of 6 years.  He was not MOSQ at the time of enlistment; however, he fulfilled his contractual agreement by completing the training for his MOS within the 24 months required.  His $15,000 enlistment bonus was verified through the State Incentive Manager who issued a BCN.  His recruiter annotated the annexes to his enlistment contract with a BCN.  Unfortunately, MOS 42A was not a critical skill.

3.  It is evident that several errors were committed in the processing of his enlistment.  But regardless of whether his BCN was valid or not or whether the MOS he enlisted into was critical or not, none of this was his fault.  He should not be penalized for errors committed by MIARNG recruiting officials, State Incentive Manager, or the NGB.

4.  The applicant met all of the requirements he agreed to on his PSEB contract; therefore, he 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 he:

* Enlisted for a critical skill and received a valid BCN upon enlistment in the MIARNG for the enlistment bonus in the amount of $15,000
* Is eligible for payment of the bonus in accordance with the terms of his enlistment contract
* 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)                                         AR20100013041



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ABCMR Record of Proceedings (cont)                                         AR20100013041



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