IN THE CASE OF:	   

		BOARD DATE:	      12 May 2011

		DOCKET NUMBER:  AR20100027429 


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 military record to show eligibility for payment of his prior service enlistment bonus (PSEB) for his enlistment in the California Army National Guard (CAARNG).

2.  The applicant states his enlistment contract [Annex X] completed on 
4 December 2008 guaranteed him a $15,000.00 PSEB provided he completed training in military occupational specialty (MOS) 94E (Radio and Communications Security Repairer) and he was assigned to a qualifying critical Modified Table of Organization and Equipment (MTOE) unit.  He subsequently completed the required MOS training in 2010.  When he inquired about his PSEB, he was informed that he could not receive the PSEB because he did not have a control number authorization.  He was further told that the State had issues with bonuses and it was relooking each of them to verify authorization.  He was advised to submit an exception to policy packet to request a control number.  He did so, as well as writing to his Member of Congress for assistance.  The last thing he heard was that his request for an exception to policy had been denied.

3.  The applicant provides:

* a memorandum, subject:  Request for Exception to Policy for a PSEB Critical Unit Identification Code (CUIC)/Critical Skill (CS) (Applicant's named and social security number), dated 5 August 2010
* National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD Form 4 [Enlistment/Reenlistment Document – Armed Forces of the United States]), dated 4 December 2008

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was serving in the CAARNG in the rank/grade of sergeant (SGT)/E-5.

2.  A DD Form 4, dated 4 December 2008, shows the applicant:

	a.  enlisted in the CAARNG for a period of 6 years beginning in the rank/grade of SGT/E-5;

	b.  enlisted for assignment to Company E, 140th Assault Battalion, located in Los Alamitos, CA; and

	c.  enlisted for training in MOS 94E.

3.  Annex X of his DD Form 4, dated 4 December 2008, states the applicant would receive a PSEB in the amount of $15,000.00 for his 6-year enlistment in the NGB approved CUIC/CS of MOS 94E.  Payment of the bonus would be in two installments with 50 percent (%) paid upon MOS qualification and 50% paid on the third year anniversary of his enlistment.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 August 2009 shows in item 11 (Primary Specialty) MOS 94E.  Item 18 (Remarks) shows he was transferred to the unit which he enlisted for.

5.  Orders 251-1011, issued by Joint Forces Headquarters, CAARNG, Sacramento, CA, dated 8 September 2009, awarded him the primary MOS of 94E, effective 26 August 2009.

6.  In a memorandum, dated 5 August 2010, the Chief, Education, Incentives and Employment Division, NGB, informed the State Incentive Manager, CAARNG, that the applicant's request for an exception to policy for payment of the PSEB could not be approved because both his MOS and unit of assignment were not listed in the Selected Reserve Incentive Program Guidance for Fiscal Year 2008.  The memorandum further stated that the military personnel officer should ensure that all persons responsible for incentive processing were properly trained to 


preclude this issue from negatively affecting Soldiers in the future.  The memorandum advised that the applicant may file a claim with this Board if he believed that an error or injustice still existed.

7.  Title 37, U.S. Code, section 308b, provides that an enlisted member of the Selected Reserve who had completed less than 14 years of total military service and who voluntarily reenlisted or extended in a designated skill or unit for three 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.

8.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states that "The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show eligibility for payment of his PSEB for his enlistment in the CAARNG in MOS 94E was carefully considered.

2.  The applicant enlisted in the CAARNG in good faith for a period of 6 years and he completed his required MOS training with an expectation of a $15,000.00 PSEB.

3.  However, individuals responsible for processing his incentive bonus erred, resulting in his being misled into believing he was enlisting for a qualified unit of assignment and MOS that would authorize his PSEB.

4.  The NGB memorandum clearly states that the error in the applicant's case was with those individuals who were responsible for processing the incentive.

5.  Notwithstanding the NGB's denial of the applicant's exception to policy request, the applicant should not be penalized for the administrative errors committed by his unit and the State Incentive Office.  Had the individuals responsible for the incentive program been properly trained they could have provided the applicant with accurate information and guidance regarding his enlistment options and bonuses.

6.  Therefore, in view of the above and as matter of equity, Annex X of the applicant's DD Form 4, dated 4 December 2008, should be amended to include the sentence, "If a PSEB is later determined to not be eligible for payment for any reason, the ABCMR may pay the bonus, at its sole discretion, in accordance with Title 10, U. S. Code, section 1552."  This would allow the Board to invoke that provision and pay him the PSEB. 

BOARD VOTE:

____X____  __X_____   ___X_____  GRANT FULL RELIEF 
 
________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that Annex X of the applicant's DD Form 4, dated 8 December 2008, be amended to include the sentence, "If a PSEB is later determined to not be eligible for payment for any reason, the ABCMR may pay the bonus, at its sole discretion, in accordance with Title 10, U. S. Code, section 1552." 

2.  As a result of the foregoing correction, the Defense Finance and Accounting Service shall remit payment to the applicant in the total amount of the PSEB he would be due as a result of his amended 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)                                         AR20100027429



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ABCMR Record of Proceedings (cont)                                         AR20100027429



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