IN THE CASE OF:	  

		BOARD DATE:	  4 August 2011

		DOCKET NUMBER:  AR20100025872 


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 correction of his record to show entitlement to an enlistment bonus.

2.  The applicant offers no statement or argument other than to be heard on the issue of entitlement to an enlistment bonus.  [This implies he is requesting a personal hearing before the Board.]

3.  The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), six letters related to his request to retain his enlistment bonus, and five documents from his service record related to his Tennessee Army National Guard (TNARNG) enlistment and military occupational specialty (MOS) obligation.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a prior-service enlisted Soldier with over 7 years of prior Regular Army service in MOS's 11B (Infantryman) and 25Q (Tactical Satellite/Microwave Systems Operator), enlisted in the TNARNG for 6 years on 27 May 2005.

2.  His DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows:

	a.  on page 2, he was enlisting for 6 years in MOS 31U (Signal Support Systems Specialist) with a $15,000.00 bonus; and
	b.  on page 4, his enlistment MOS 25U (Signal Support Systems Specialist) [the designation 31U was officially changed to 25U in Fiscal Year 2005].

3.  The 27 May 2005 National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD Form 4 or DA Form 4836 (Prior Service Enlistment Bonus Addendum – Army National Guard of the United States)) provides the following information:

	a.  section II (Eligibility), the applicant was qualified in and held a primary MOS to which he was assigned in the required rank and grade and he was enlisting for a 6-year Prior-Service Enlistment Bonus;

	b.  section III (Bonus Amount and Payments), item 3, that the applicant would not receive a payment if he did not meet all requirements at the time of enlistment; and

	c.  section IV (Suspension) that he would be suspended from bonus eligibility if he entered a period of non-availability (placement in the Inactive National Guard (ING)).  The maximum period of non-availability for personal reasons is 1 year.  Reinstatement of bonus eligibility is not guaranteed.

4.  On 3 March 2006, the applicant was transferred to the ING with a subsequent return to an active status with the 253rd Military Police (MP) Company effective 23 March 2007.

5.  While assigned to the 253rd MP Company, the applicant accepted entry into a Tennessee State government-funded civilian nursing training program.  He completed his medical training on 9 April 2009 and was assigned to the next available Signal Support Systems Specialist school.

6.  The applicant completed his MOS phase I course on 6 December 2009 and phase II on 22 December 2009.

7.  TNARNG Orders 023-887, dated 23 January 2010, withdrew the applicant's primary MOS 11B and awarded him primary MOS 25U with the secondary MOS 11B.

8.  The applicant's unit was mobilized on 25 March 2010.  He served in Iraq from 26 May 2010 through 25 August 2010.  The applicant was released from active duty on 15 September 2010.  His DD Form 214 shows he served on active duty holding MOS 25U.

9.  In May 2010, the applicant filed an Inspector General complaint for nonpayment of the bonus.  The applicant was advised to request an exception to policy from NGB outlining why he had not completed his MOS training within the required 24 months of entry into the ARNG.

10.  As a part of his exception to policy application, the applicant's unit commander submitted a memorandum for record outlining his rationale for the delay in the applicant's completing his MOS training earlier.  He states that shortly after being assigned to the unit, the applicant had been accepted in a State of Tennessee nursing program in exchange for a service commitment to the State and, in the commander's opinion, this was a tremendous opportunity.  The commander outlines the benefits worthy of the command's support as follows:

	a.  the benefit to the Soldier is clear, at the completion of his nursing training he would have a stable, good-paying job;

	b.  the benefits to the unit:

		(1)  a number of Soldiers who leave the ARNG do so because they can't find stable jobs, often because of a lack of education.  The applicant's civilian career advancement makes him a more dependable Soldier;

		(2)  allowing the applicant to complete his nursing degree increased the general medical skills of the company prior to its deployment;

	c.  the benefits to the ARNG:  at the completion of his degree the applicant would be eligible for recruitment as an officer in the medical fields.  Since all components spend heavily to recruit civilian professionals, the in-house development would lessen the need for the more costly outside recruitment;

	d.  the benefits to the State of Tennessee:  there is a shortage of nurses nationally and especially in Tennessee.  Allowing the applicant to participate in the nursing program helps his community to fill a critical health care vacancy and diversifies the face of the ARNG to the community; and

	e.  the commander also notes that MOS qualification courses are normally split into two 3-week phases to allow Soldiers to take the courses in lieu of annual training.  Upon completion of his nursing training on 9 April 2009, the command arranged for the applicant to not only attend the two phases back-to-back, but the applicant also attended the unit's 21-day annual training in August 2009 and the 21-day annual training in January 2010 and further deployed with the unit.

11.  On 29 July 2010, NGB denied the applicant an exception to policy.  It stated the Selected Reserve Incentive Program required that a Soldier must be MOS qualified for the position into which he or she enlists.  It determined the applicant had not been qualified for the bonus he received and was, therefore, ineligible to retain the portion of the bonus he already received.

12.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs) states that Soldiers who enlist for an MOS in which they are not qualified will have 24 months to become qualified in and awarded the MOS for their position or incentives will be terminated with recoupment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant offers no statement or argument other than to be heard on the issue of entitlement to an enlistment bonus.

2.  Although the applicant requests a personal appearance before the Board, there is no statutory or regulatory right to a formal hearing.  Formal hearings are granted only when the Board determines that a case is so complex or the records so incomplete that only sworn testimony can provide the necessary information.  This case does not appear to warrant a personal appearance hearing.

3.  The applicant was not qualified in MOS 25U/31U at the time he enlisted in the ARNG.  Under regulations, he had 24 months in which to qualify in his MOS in order to retain his bonus eligibility.

4.  It cannot be determined from the available records whether or not the applicant was advised that he would lose his entitlement to the bonus when he transferred to an inactive status or that his eligibility was suspended during the period he was in the ING.

5.  Regulations allow up to 24 months to complete MOS training.  There is no indication the applicant attempted to complete any portion of his required MOS training within that period.  Because he did not become MOS qualified within the required time period, the applicant is not entitled to relief.

6.  While it may have been appropriate for his command to accommodate the applicant's attendance in the State-sponsored nursing program, the unit did not have the authority to delay or exempt him from the basic time requirement for completion of his MOS training.

7.  Further, the applicant was in the ING in excess of the maximum 1 year period. His bonus entitlement was (or should have been) suspended when he transferred to the ING in accordance with the provisions of section IV of the NGB Form 600-7-6-R-E.  There is no indication he requested an eligibility reinstatement following his return to an active status.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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.

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20100025872



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