IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20100028917 


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 prior-service enlistment bonus (PSEB) that was executed on 28 April 2009 in the Arkansas Army National Guard (ARARNG).

2.  The applicant states:

	a.  He signed a contract for a $15,000.00 bonus at the time of his enlistment for military occupational specialty (MOS) 35M (Human Intelligence Collector).  He was to receive 50% of the bonus when he completed advanced individual training on 16 March 2010 and has pursued it aggressively, but he still has not received the bonus.  He is confident his recruiter was acting in good faith when he was promised the bonus.  His recruiter assured him many times that he is supposed to be paid the $15,000.00.

	b.  He was an avionics technician in the Marine Corps and served from 1990 to 1996.  He has spent 16 years working for the world's largest transportation carrier.  He is unemployed, needs to have surgery, and has had to cash out his 401K retirement.  He requests to be paid his bonus without further delay.

3.  The applicant provides 

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 21 (Annex A to DD Form 4 Enlistment/Reenlistment Agreement - Army National Guard)
* Two NGB Forms 600-7-6-R-E (Annex X to DD Form 4 - Prior Service (PS) Enlistment Bonus Addendum - Army National Guard)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* Eight memoranda
* DA Form 1559 (Inspector General Action Request)
* Certificate of Training
* Four DA Forms 1059 (Service School Academic Evaluation Report)
* Five pages of ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, and 2009 (Policy Number 07-06) with updates

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Marine Corps, the applicant's records show he enlisted in the ARARNG on 28 April 2009 for a period of 6 years in the rank/grade of specialist/E-4 and for MOS 35M.  In connection with his enlistment, he and his recruiter signed various allied documents as follows:

	a.  A DD Form 1966 shows he was enlisting for 6 years and a $15,000.00 bonus, would be assigned to Company B, 39th Brigade, in the grade of E-4, with duties in MOS 35M.  It also states "I understand that I am eligible for Enlistment Cash Bonus Program.  I accept this Enlistment Cash Bonus Program" and "In connection with my enlistment, I understand that I must become MOS qualified (MOSQ) within 24 months from the date of enlistment."  

	b.  Annex X to his DD Form 4 shows the entry "I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP).  I am not qualified in the primary MOS for which I am enlisting and agree to attend formal training to become MOSQ within 24 months of the date of enlistment.  I also understand I will not receive any bonus until [I am] MOSQ.  I will receive a total bonus payment in the amount of $15,000 less taxes for a 6-year enlistment in a MTOE (modified table of organization and equipment) unit."  

2.  His records show he completed Phase I through Phase IV of MOS 35M from 4 January to 16 March 2010.  On 16 March 2010, he was awarded MOS 35M. 

3.  The applicant provides the following:

	a.  A memorandum to the Chief, NGB, Arlington, VA, dated 17 June 2010, from Office of the Adjutant General, ARARNG, North Little Rock, AR, wherein the Deputy Chief of Staff (DCS), Personnel requested a determination be made on the applicant's eligibility for the SRIP.  The DCS-Personnel stated the applicant's bonus was initially denied because he was not MOSQ at the time he enlisted; and, as the bonus was denied, a bonus control number (BCN) was not issued.  

	b.  A memorandum, dated 2 August 2010, wherein an official at the NGB denied the ARARNG’s request for an exception to policy.  The official stated, effective 1 April 2009, the PS enlistment bonus was no longer authorized for those who were not MOSQ at the time of enlistment.  As the applicant contracted on 28 April 2009 into MOS 35M and was not MOSQ at that time he remained ineligible for the incentive and a BCN.  The official further stated the applicant could file a claim with the Army Board for Correction of Military Records if he believed that an error or injustice existed.

	c.  A memorandum to the Army Review Boards Agency (ARBA), dated 17 November 2010, from the Office of the Adjutant General, ARARNG, wherein the DCOS requested the applicant's request for the bonus be approved.  He stated the Soldier signed the enlistment bonus in good faith and had fulfilled all requirements in the contract to receive the bonus.  He further stated the recruiter also acted in good faith based on what was provided to the Arkansas Recruiting Command at the time. The recruiting command did not receive the policy letter that limited bonus payments to PS applicant's who were MOSQ.  The lack of knowledge on the part of the recruiter as to the change in bonus rules should not impact the Soldier.  

	d.  A memorandum to ARBA, undated, from the Recruiting and Retention Command, North Little Rock, AR, wherein the battalion command sergeant major (CSM) strongly recommended approval of the applicant's request to be paid the PSEB.  The CSM stated the applicant enlisted into the ARARNG as a 35M for a $15,000.00 bonus.  The Soldier enlisted in good faith and was not told until after he completed the 35M course that he would not receive the bonus.  The policy memorandum that changed the SRIP guidance was not received by the Arkansas Recruiting and Retention Command.  The recruiter acted in good faith based on the information he had at the time.

4.  The ARNG SRIP Guidance for FY 2007, 2008, and 2009 (10 August 2007 to 30 September 2009), Policy Number 07-06, dated 10 August 2007, and updated 17 February 2009, states the ARNG offers a $15,000.00 bonus to PS applicants who enlist in the ARNG for 6 years if they enlist MOSQ in a critical UIC or enlist not MOSQ in an MTOE unit.  Applicants must not have more than 16 years of total prior service in the ARNG; be MOSQ for the position for which enlisted; agree to retrain in a critical MOS vacancy within an MTOE unit and become MOSQ within 24 months of enlistment; have a prior honorable discharge; not enlist to become a military technician or Active Guard Reserve; not enlist in a Table of Distribution and Allowances unit; not enlist under a conditional release from another component; and not enlist under the Officer Candidate School program. 

5.  NGB memorandum, dated 25 March 2009, stated, effective 1 April 2009, all PS - non duty MOSQ enlistments are suspended and closed until further notice.  The MOS for which the applicants are enlisting for must be the same MOS in which they were previously qualified.  No waivers are authorized.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid the PSEB that he was promised.

2.  The available evidence confirms the applicant enlisted for 6 years, MOS 35M, a PSEB, and assignment to Company B, 39th Brigade.  As specified in his enlistment contract, he was not MOSQ at the time of enlistment and he fulfilled his contractual agreement by completing the training for MOS 35M within the 24 months required.  Unfortunately, after he qualified for the MOS, he was told his enlistment bonus was not authorized as the policy had changed just weeks prior to his enlistment and he was not issued a BCN.

3.  It is evident an error was committed in the processing of his enlistment contract.  But regardless of whether he was MOSQ at the time of his enlistment or not and was not issued a BCN, neither of these factors were the fault of the applicant.  Therefore, he should not be penalized for an error committed by ARARNG recruiting officials or the NGB.

4.  The applicant met all of the requirements he agreed to in his PSEB contract; therefore, he should be entitled to receive payment of the PSEB. 

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 enlisted for MOS 35M, qualified for a $15,000 bonus, and received a valid BCN upon enlistment in the ARARNG 
* Show he is eligible for payment of the PSEB in accordance with the terms of his enlistment contract
* Pay him the PSEB, out of Army National Guard 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.



ABCMR Record of Proceedings (cont)                                         AR20100028917





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ABCMR Record of Proceedings (cont)                                         AR20100028917



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