BOARD DATE:	  24 March 2011

		DOCKET NUMBER:  AR20100019356 


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 Affiliation Bonus (AB).

2.  The applicant states he entered military service [Georgia Army National Guard (GAARNG)] after an 11-year break and he was offered a $20,000.00 AB which was part of the reason he reentered military service.  However, due to no fault of his, he was denied payment.  He informed his recruiter that his clearance had expired after a long break in service but he was assured by the recruiter that his clearance would be alright once the paperwork is submitted.  His clearance took a long time.  Meanwhile, his brigade was alerted to deploy and his military occupational specialty (MOS) of 25F (Network Switching Systems Operator-Maintainer) was being phased out.  The brigade needed Soldiers in MOS 25N (Nodal Network Systems Operator Maintainer) to assist with the mission in Afghanistan, so he went to school and he was awarded MOS 25N.  He submitted his request through his chain of command to the ARNG, but he was denied payment.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Certificate of Training
* MOS orders (25F)
* GAARNG denial letter
* exception to policy request
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* SGLV 8286 (Servicemembers' Group Life Insurance Election and Certificate)
* DD Form 93 (Record of Emergency Data)
* Standard Form 1199A (Direct Deposit Sign-up Form)
* Internal Revenue Service Form W-4 (2006)
* Certificate of Completion
* Prior Service Field Enlistment Checklist
* DD Form 1966 (Record of Military Processing)
* Annex A – DD Form 4 (Enlistment/Reenlistment Document - Army National Guard)
* Annex B – DD Form 4 (Affiliation Bonus Addendum) 
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* DOD Occupational Database (ODB)
* Security Clearance Application – Validation Report
* Electronic Questionnaire for Investigations Processing (e-QIP) Investigation Request
* letter from the GAARNG

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the GAARNG for a period of 6 years on 15 January 2007 having prior service in the U.S. Marine Corps and the Georgia Air National Guard.  Section VI (Remarks) of his DD Form 1966 shows he enlisted in pay grade E-5 in MOS 25F and that he would be assigned to Company C, 48th Brigade, Special Troop Battalion, Macon, GA.

2.  Annex B to his DD Form 4 states, "I am enlisting for 6 years which I will serve in the ARNG.  The total amount of my bonus is $20,000.00" and "I will receive a payment consisting of one-half of the bonus amount.  The remainder of the bonus will be paid on the third anniversary of my affiliation."  He was issued Bonus Control Number A07XXXXXXX.

3.  Shortly after his enlistment, he submitted a Standard Form 86 (Security Clearance Application) through the Office of Personnel Management online application link and he received a validation report on 24 January 2007.

4.  His records show he completed 400 hours of training in the Project Manager Warfighter Information Network-Tactical Joint Network Node Operator and Maintainer Course at Fort Bliss, TX, from 26 January to 8 April 2009.

5.  He was ordered to active duty on 21 April 2009 and subsequently served in Afghanistan from 19 June 2009 to 16 November 2010, in MOS 25N.  He was honorably released from active duty (REFRAD) on 24 March 2010.

6.  On 23 March 2010, 1 day prior to the applicant's REFRAD, the GAARNG published Orders 082-712 awarding him primary MOS 25F and secondary MOS 25N.

7.  Also on 23 March 2010, by memorandum to the National Guard Bureau, the GAARNG Education and Incentive Officer recommended the applicant be paid his bonus.  The officer explained that the applicant enlisted on 25 January 2007 and he was erroneously contracted for a 6-year AB of $20,000.00.  He had a break in service that resulted in his security clearance expiring, thus making him non-duty MOS qualified (MOSQ) at time of enlistment.  This disqualified him from receiving his bonus.  The error was a recruiter error and not the Soldier's error.  Additionally, the Soldier was now qualified in the MOS for which he contracted.

8.  On 2 April 2010, the Chief, Education, Incentives, and Employment Division, NGB, denied the request for payment based on 2007 ARNG Selected Reserve Incentive Program (SRIP) for the period 1 January 2007 through 31 March 2007, as outlined in NGB Policy Number 07-04, paragraph 8j(3), which states "…MOSQ at the time of enlistment and not more than one grade below the required grade specified for the vacancy for which they are affiliating."  The applicant was not duty MOSQ at the time of enlistment which made him ineligible for the bonus.

9.  On 7 July 2010, the GARNG Recruiting and Retention Battalion S-1 informed the applicant by letter that he was indeed promised a bonus and the MOS he enlisted for met the requirements for the AB.  However, he was not qualified in that MOS at the time of his enlistment because he did not have a valid security clearance.  The recruiter informed him the bonus would not be a problem as long as he obtained a security clearance.  Since he did not receive a security clearance within 24 months, he was not eligible for the AB.

10.  An advisory opinion was obtained on 18 February 2011 in the processing of this case.  An NGB official recommended approval of the bonus payment.  He stated:

	a.  The GAARNG letter clearly shows the applicant did not receive his promised bonus due to a recruiter error.  The applicant was provided with erroneous information regarding his MOSQ at the time of his enlistment.  He should not be penalized for someone else's error.  He should receive the bonus.

	b.  The GAARNG memorandum, dated 7 July 2010, states the MOS the applicant enlisted for meets the requirement to receive the AB.  He was not qualified in his MOS since he did not have a valid clearance.  The applicant informed his recruiter of this fact and the recruiter told him that this requirement would be waived as long as he was able to obtain a clearance.

	c.  The applicant's application requesting a clearance was not submitted until February 2009, nearly 2 years after he enlisted.  There is no evidence his paperwork was previously submitted.  His clearance was ultimately granted on 30 April 2009.  This suggests an administrative error occurred in his case.

11.  He was provided with a copy of this advisory opinion and he submitted a rebuttal on 2 March 2011 wherein he stated that according to his contract, he would have up to 24 months to become MOSQ.  He submitted a security clearance application on 24 January 2007 as evidenced by the validation report he received.  He also submitted a second application through e-QIP on 11 January 2009.  He was awarded an MOS on 23 March 2010.  The delay and the administrative errors are not his fault.

12.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, 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.

13.  NGB Policy Number 07-04, dated January 2007, subject:  ARNG SRIP Guidance for Fiscal Year 2007, states prior-service personnel are entitled to an AB provided they are otherwise qualified.  Soldiers must be duty MOSQ for the position for which enlisting.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive payment of a $20,000.00 AB.

2.  The evidence of record shows the applicant executed a 6-year enlistment in the ARNG on 25 January 2007 in good faith and complied with all terms of the contract offered to him.  His enlistment contract promised him a $20,000.00 bonus and the MOS for which he contracted was authorized a bonus.  He was even issued a bonus control number.  However, it appears he was not MOSQ at the time of his enlistment due to lack of a security clearance.  This deprived him from receiving his bonus.

3.  Nevertheless, his records show he submitted an application for a clearance on 24 January 2007 and received a validation report of his submission.  It is unclear why his application was not processed or acted upon by his servicing security manager or why he was required to resubmit his application in January 2009.

4.  An enlistment contract is a binding agreement between the applicant and the U.S. Government.  The applicant's recruiter had a responsibility to provide the applicant with accurate information regarding his entitlements and obligations.  The recruiter appears to have failed and, in doing so, the applicant was penalized as a result.

5.  It is evident that several errors were committed by the GAARNG in the processing of his enlistment.  Regardless of whether he was MOSQ or not at the time of his enlistment or whether the unit failed to process his security application, none of this was his fault.  He should not be penalized for errors committed by GAARNG recruiting officials.

6.  The applicant met all of the requirements he agreed to in his enlistment 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 the evidence presented is 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 he:

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

	b.  is eligible for payment of the AB in accordance with the terms of his enlistment contract, and

	c.  be paid the AB 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)                                         AR20100019356



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ABCMR Record of Proceedings (cont)                                         AR20100019356



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