IN THE CASE OF:
BOARD DATE: 24 May 2011
DOCKET NUMBER: AR20100021371
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 Non-Prior Service Enlistment Bonus (NPSEB).
2. He states he signed an addendum that shows entitlement to the bonus.
3. He provides his Enlistment/Reenlistment Agreement.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Minnesota Army National Guard (MNARNG) for 6 years on 9 September 2008.
2. Page 7, Section VII of his Enlistment/Reenlistment Agreement shows that three addenda were attached to his agreement:
* An Enlistment Bonus Form
* The Montgomery GI Bill Kicker
* The Montgomery GI Bill
3. Annex E to his DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted for a $20,000 NPSEB critical unit identification code (CUIC) bonus in
military occupational specialty (MOS) 11B. 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. However, page 5, Section VIII (Certification by Service Representative) was not completed by the enlisting official and no bonus control number was assigned. Additionally, a copy of this addendum is not contained in his official military personnel file.
4. Item 14 (Military Education) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 3 August to 20 November 2009 shows he successfully completed One Station Unit Training for award of MOS 11B in 2009. The course was 15 weeks long.
5. The Chief, Personnel Policy Division, National Guard Bureau (NGB), recommended approval of the applicant's request for payment of a $20,000.00 NPSEB. The applicant enlisted in the MNARNG on 9 September 2008 for a period of 6 years. In conjunction with his enlistment, he was eligible for a $20,000 NPSEB CUIC. He offered that the bonus was to be paid in two equal installments of $10,000 each. The first installment was to be paid upon successful completion of MOS training which occurred on 20 November 2009. The second installment is to be paid on the third-year anniversary of the applicant's date of enlistment (9 September 2011).
6. NGB explained that the applicant's request for the bonus was denied by "NGB-EDU" since "there was no record of his bonus addendum being executed by the Military Entrance Processing Station (MEPS) for $20,000." NGB stated that due to an administrative error, through no fault of the applicant, the NPSEB addendum was not included in his enlistment packet. However, it was listed on the applicant's DD Form 1966/3 (Record of Military Processing Form) and his Enlistment/ Reenlistment Agreement on page 7.
7. On 7 March 2011, the applicant was provided a copy of this advisory opinion, but he did not respond.
8. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5 states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Office to
MEPS counselors and reported by the State Incentive Manager to the 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 available evidence shows the applicant enlisted in the MNARNG for a $20,000 NPSEB CUIC. He met the requirements and was entitled to the bonus, but the NPSEB addendum was not included in his enlistment packet. Therefore, his request for payment of the bonus was denied.
2. Regardless of whether or not the addendum was properly attached to his Enlistment/Reenlistment Agreement, he was not at fault and as such he should not be penalized for errors committed by the MNARNG recruiting office. Therefore, in the interest of equity and justice, it would be appropriate to show his bonus was included in his enlistment packet; he met all of the requirements, and he is entitled to 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 he:
a. is eligible for payment of the bonus in accordance with the terms of his enlistment contract; and
b. paying him the bonus, out of ARNG funds, 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.
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