IN THE CASE OF:	  

		BOARD DATE:	  12 May 2011

		DOCKET NUMBER:  AR20100020176 


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 assignment of a bonus control number so he can receive his Army National Guard (ARNG) enlistment bonus of $15,000.00.

2.  The applicant states his ARNG recruiter did not request a bonus control number when he enlisted in the ARNG.  Therefore, he did not receive the enlistment bonus as per his contract.

3.  The applicant provides the following evidentiary documents:

* DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 31 May 2007
* Selected Reserve Incentive Program (SRIP)/Student Loan Repayment Program (SLRP) Enlistment Bonus Control Worksheet
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 31 May 2007
* National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD Form 4 – Prior Service Enlistment Bonus (PSEB) Addendum – Army National Guard of the United States), dated 31 May 2007
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 10 January 2009
* MIARNG memorandum, dated 24 November 2009
* NGB memorandum, dated 19 February 2010
* Michigan ARNG (MIARNG) memorandum, dated 14 July 2010
* NGB memorandum, dated 26 July 2010

CONSIDERATION OF EVIDENCE:

1.  With prior enlisted service in the Regular Army and Army Reserve, the applicant enlisted in the ARNG for a 6-year period on 31 May 2007 in pay grade E-4.

2.  Within his interactive Personnel Electronic Records Management System record there is a DD Form 1966 that shows he enlisted for "PAY GRADE:  E4, MOS:  13M, UNIT:  A BAT 182 FA, UIC:  WPUAAO, PRN:  438, TERM:  6 YR 0 MO 0 DY, BONUS:  YES" in item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees).  This form was certified by a senior noncommissioned officer serving as a recruiter.

3.  His military record contains an SRIP/SLRP Enlistment Bonus Control Worksheet that shows his incentive was a prior-service enlistment bonus of $15,000.00 for a 6-year enlistment.  This form shows his bonus control number as "4382070413M101845."

4.  The applicant submitted an NGB Form 600-7-3-R-E wherein he and the recruiter acknowledged and authenticated that he met all enlistment eligibility requirements and stated he was enlisting for a 6-year enlistment period entitling him to a total bonus of $15,000.00.  This form does not contain a bonus control number.

5.  Effective 1 February 2008, he was ordered to active duty as a member of his unit and deployed in support Operation Iraqi Freedom.

6.  On 10 January 2009, he was honorably released from active duty upon the completion of his required active service.

7.  The applicant provided a letter to NGB from the MIARNG State Retention, Education, and Incentives Manager, dated 24 November 2009.  This letter is a request for an exception to policy to award the applicant his incentive bonus due to an administrative oversight by his recruiter.  The error occurred when the recruiter used an accession control number instead of a bonus control number in the processing of the applicant's enlistment contract.  This letter further stated the applicant met all eligibility criteria to include qualification within his military occupational specialty (MOS).

8.  On 19 February 2010, NGB denied the MIARNG's request for an exception to policy.  NGB states, "a bonus contract is only valid with a bonus control number…there was no bonus control number requested or approved by the incentive manager."

9.  On 14 July 2010, the MIARNG State Incentive Manager submitted a second request to NGB requesting a bonus control number be rightfully assigned to the applicant's enlistment contract as an exception to policy.  This letter states, "The recruiter mistakenly thought the Accession Control Number was the Bonus Control Number."  The State Incentive Manager included a bonus control worksheet with his request showing one was assigned to the applicant, but not properly recorded on the bonus addendum.

10.  On 26 July 2010, NGB responded to the second request for an exception to policy letter.  Again, NGB denied MIARNG an exception to policy.  NGB states:

[In accordance with] SRIP Guidance for Fiscal Year 2007, 1 January 2007-31 March 2007 (Policy Number 07-04), dated 1 January 2007, paragraph 8f(2), MOS training must be completed within 24 months from the date of enlistment.  Upon review of all substantiating documentation, [the applicant] did not meet all eligibility requirements for the PSEB and did not become MOS qualified within 24 months.

11.  An NGB advisory opinion, dated 23 February 2011, recommended approving the applicant's request stating, "the Soldier has served over 36 months of his contract.  The Soldier should receive his PSEB for the amount of $15,000.00 in one lump sum, less applicable deductions."  Additionally, it provided guidance for Soldiers that allowed for any period in a mobilized status to be in addition to the authorized 24 months to meet MOS qualification standards.  The applicant met MOS qualification requirements on 30 August 2009.  Therefore, he became eligible to receive the first installment of his bonus on 30 August 2009.

12.  The applicant was provided a copy of the advisory opinion, but he did not respond or provide a rebuttal statement.

13.  Title 37, U.S. Code, section 308b, then in effect, provided that an enlisted member of the Selected Reserve who completed less than 14 years of total military service and who voluntarily reenlisted or extended in a designated skill or unit for 3 years may be paid a bonus.  Section 308b(b) set the amount of the bonus at $15,000.00 for a reenlistment or extension of 6 years.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the MIARNG in good faith for a period of 6 years with the expectation that he would receive a $15,000.00 enlistment bonus.  Had there not been an administrative error in his accession paperwork (lack of a bonus control number), he would have met eligibility requirements upon completion of MOS training.

2.  After his release from active duty due to mobilization, he completed his MOS qualification on 29 August 2009.  Therefore, his date of eligibility for his first payment of his SRIP was 30 August 2009.

3.  Both MIARNG and NGB stated an administrative error occurred in the processing of his initial accession packet in the MIARNG.  He should not be penalized for the administrative errors committed by his recruiter.  Had his paperwork been properly submitted with an assigned bonus control number, he would have been eligible to receive the SRIP bonus upon completion of MOS training.  It is obvious his imminent mobilization and the deployment of his unit may have been contributing factors in not meeting his MOS qualification standards earlier than 29 August 2009.

4.  Therefore, in view of the above the applicant is entitled to an enlistment bonus of $15,000.00 excluding allowable deductions effective 30 August 2009.

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 ARNG records of the individual concerned be corrected to:

* show he received a valid bonus control number upon his 6-year enlistment on 31 May 2007 in the MIARNG
* show he is eligible for payment of the bonus in accordance with his enlistment contract


* pay him, out of ARNG funds, the bonus as specified in his enlistment contract as of 30 August 2009, his first date of eligibility to receive his SRIP bonus



      ____________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)                                         AR20100020176



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ABCMR Record of Proceedings (cont)                                         AR20100020176



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