BOARD DATE:	  11 August 2011

		DOCKET NUMBER:  AR20100027878 


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 his Non-Prior Service (NPS) enlistment bonus which was agreed upon when he enlisted in the Arkansas Army National Guard (ARARNG).

2.  The applicant states he signed a contract for a $20,000.00 bonus at the time of his enlistment in critical military occupational specialty (MOS) 91D (Power Generation Equipment Repairer).  Upon arrival at advanced individual training (AIT), he was trained in and awarded MOS 91F (Small Arms/Artillery Repairer).  

3.  The applicant provides:

* Memorandum requesting an Exception to Policy (ETP), dated 4 May 2010
* Memorandum requesting an ETP, dated 17 June 2010
* Enlistment/Reenlistment Agreement ARNG
* Orders 9140002, dated 20 May 2009
* Orders 238-35, dated 26 August 2009
* a self-authored statement, dated 14 April 2010
* Memorandum for Record, dated 1 March 2010
* DD Form 1966/1-6 (Record of Military Processing – Armed Forces of the United States)
* National Guard Bureau (NGB) Form 600-7-1 (Annex E to DD Form 4 (Enlistment/Reenlistment Document), Non-Prior Service Enlistment Bonus Addendum)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARARNG on 23 September 2008 for a period of
8 years in the rank/grade of private (PV1)/E-1.  In connection with this enlistment he signed an Enlistment/Reenlistment Agreement in the ARNG which shows he enlisted under Program "A (Split Training)" in MOS 91D.

2.  In connection with the applicant's enlistment, he and his recruiter signed Annex E (NPS Enlistment Bonus Addendum) to his DD Form 4 (Enlistment/Reenlistment Document).  This form shows in:

	a.  Section II (Eligibility), paragraph 7 (NPS Critical Skill Bonus (50/50 payment)), the entry “I am enlisting into (MOS) 91D which is designated as a Critical Skill MOS to serve at least 6 years in a paid drill status.”

	b.  Section III (Payments), paragraph 1, the entry "I will receive a total bonus of $20,000.00 for the enlistment bonus option above, less taxes.”

      c.  Section III, paragraph 2, the entry “I will receive my first bonus payment of 50% of the total authorized amount entered above, less taxes, when I complete IADT and I am awarded the MOS for which I enlisted.”	

      d.  Section III, paragraph 3, the entry "The second and final payment of 50% will be paid on the 36th month anniversary of my date of enlistment."

	 e.  Section VIII, authentication by the applicant and certification by the enlisting official.  A Bonus Control Number “E08090042AR” is listed.

3.  The applicant completed basic combat training on 5 August 2009.  On           24 November 2009, he completed AIT and was awarded MOS 91F.  

4.  During the processing of this case, an advisory opinion was obtained from the Acting Chief, Personnel Policy Division, NGB.  The advisory official recommended approval of the applicant's request and stated:

	a.  The applicant enlisted for a $20,000.00 NPS Enlistment Bonus on 
23 September 2008 and training in critical skill MOS 52D, which converted to 91D on 1 October 2009.  

	b.  A memorandum from ARARNG, dated 4 May 2010, suggests an error was made upon the applicant’s arrival for AIT.  In-processing personnel informed the applicant the information they had indicated he was to be trained in MOS 91F.  The applicant verbally informed personnel, to no avail, of the error and ultimately completed training as a 91F, which was not classified as a critical skill MOS.  

      c.  ARARNG State order number 9140002, dated 20 May 2009, clearly instructs the Soldier to report to AIT for the purpose of attending training in MOS 91D.  There is no indication as to how the error occurred.  In a memorandum from the recruiter, dated 1 March 2010, he concurs there was an error made at the training site which was not due to any issue on the part of the applicant.  Therefore, because of the acknowledged administrative error, and through no fault of the applicant, the applicant should not be denied receipt of the agreed-upon bonus for which he signed.

   d.  The Acting Chief further opined the applicant should be given the opportunity to meet the eligibility requirements to receive the agreed upon NPS Enlistment Bonus.  Upon successful completion of AIT, the applicant should be paid the initial $10,000.00 (50%) and the balance of $10,000.00 on the applicant’s 36-month anniversary as outlined in the NPS Enlistment Bonus Addendum.  If the applicant is not afforded the opportunity to attend training for the MOS 91D prior to the 36 month anniversary or in a timely manner, the applicant should not be further penalized for an administrative error and should receive the $20,000.00 in one lump sum.  The State concurs with this recommended course of action.

5.  On 27 June 2011, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

6.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be paid the $20,000.00 NPS Enlistment Bonus promised him in his 2008 enlistment contract was carefully considered and found to have merit.    

2.  The applicant enlisted under the NPS Enlistment Bonus Program for a $20,000.00 bonus in MOS 91D for a period of 8 years.  The evidence shows the applicant entered into the contract in good faith.  It further confirms that the applicant was promised a $20,000.00 NPS Enlistment Bonus in conjunction with this enlistment and that this commitment was documented in the enlistment documents prepared.  

3.  The evidence further confirms an error was made at the training site which was not due to any issue on the part of the applicant.  As a result, it would serve the interest of equity and justice to honor this contractual commitment to the applicant, as recommended in the advisory opinion provided by the NGB.  

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by allowing him the opportunity to meet the eligibility requirements to receive the agreed upon NPS Enlistment Bonus.  Upon successful completion of AIT in MOS 91D, the applicant should be paid the initial $10,000.00 (50%) and the balance of $10,000.00 on his 36-month anniversary as outlined in the NPS Enlistment Bonus Addendum.  If the applicant is not afforded the opportunity to attend training for his MOS 91D prior to the 36-month anniversary or in a timely manner, he should not be further penalized for an administrative error and should receive the $20,000.00 in one lump sum paid out of ARNG funds.


      _______ _  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)                                         AR20100027878



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ABCMR Record of Proceedings (cont)                                         AR20100027878



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