IN THE CASE OF:	  

		BOARD DATE:	  26 April 2011

		DOCKET NUMBER:  AR20100029787 


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 that the National Guard Bureau's (NGB) decision to deny her payment of a prior-service enlistment bonus (PSEB) be overturned.

2.  The applicant states when she enlisted in the Michigan Army National Guard (MIARNG), the addendum she signed stated she would receive a bonus if she completed training in military occupational specialty (MOS) 42A (Human Resources Specialist) and became duty MOS qualified (DMOSQ) within 
24 months of her enlistment.  She became DMOSQ in April 2010 within the required timeframe.  She was told MOS 42A was a critical MOS and she would receive the PSEB; accordingly, she proceeded to sign the PSEB addendum and the enlistment contract.  She had no knowledge of this MOS being non-critical.  She also received a bonus control number (BCN) which she later found out was issued erroneously and had in fact expired.  

3.  The applicant provides the following documents:

* DD Form 4 (Enlistment/Reenlistment Document)
* Annex X to DD Form 4 (Prior Service (PS) Enlistment Bonus Addendum - Army National Guard (ARNG) of the United States)
* DA Form 1059 (Service School Academic Evaluation Report)
* A Certificates showing she successfully completed training in MOS 42A
* A MIARNG Memorandum Subject:  Exception to Policy Denial
* Email exchanges
* 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 from May 1996 to May 2000, the applicant enlisted in the MIARNG in the rank/grade of specialist/E-4 for a period of 6 years on 17 February 2009.  In connection with this enlistment she and her recruiter signed various allied documents as follows:

	a.  A DD Form 1966 (Record of Military Processing-Armed Forces of the United States) shows she would be assigned to the 777th Military Police (MP) Detachment, in the grade of E-4, with duties in MOS 42A.  It also states "I understand that I am eligible for Enlistment Cash Bonus Program.  I accept this Enlistment Cash Bonus Program" and that "In connection with my enlistment, I understand that I must become MOS qualified within 24 months from the date of enlistment."  

	b.  Annex X to her DD Form 4 shows the entry "I am not qualified in the primary MOS for which I am enlisting, but have enlisted into a Modified Table of Organization and Equipment (MTOE) unit in critical skill 42A and agree to attend formal training and become qualified in my contracted MOS within 24 months of my date of enlistment.  I understand that my initial bonus will not be processed until I become duty MOS qualified."  This form also shows BCN "P09xxxxxx4MI" was issued on 17 February 2009.

2.  On 25 January 2010, by memorandum, the Chief, Education, Incentives, and Employment Division, NGB, denied the applicant's request for an exception to policy to allow her to receive the $15,000 bonus because she was not MOSQ at the time of enlistment and the MOS in which she enlisted was not a critical skill MOS for the MIARNG at the time.  

3.  Her records show she completed Phase I of MOS 42A training.  She also completed Phase II of the same MOS from 19 March to 2 April 2010.  

4.  On 21 May 2010, Department of Military and Veterans Affairs, MIARNG, published Orders 141-039 awarding the applicant MOS 42A, effective 2 April 2009.

5.  An exchange of email between the applicant and various officials within the State and the NGB essentially show she was denied the bonus because the BCN was issued in error, the applicant did not enlist for a critical MOS.  



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.

7.  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 two PSEB options to PS applicants who enlist in the ARNG for 6 years: Enlist MOSQ in a critical Unit Identification Code or enlist MOSQ or 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.  

8.  The ARNG Policy Number 07-05/07-06 (Critical MOS List), dated 13 February 2009, for the period 16 June 2007 through 31 December 2008, extended for the remainder of 2008 as well as the first quarter of 2009 shows MOS 42A is not a critical MOS for the MIARNG.

DISCUSSION AND CONCLUSIONS:

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

2.  The available evidence confirms the applicant enlisted for 6 years, MOS 42A, a PSEB, and assignment to the 777th MP Company.  She was also issued a bonus control number.  She was not MOSQ at the time of enlistment; however, she fulfilled her contractual agreement by completing the training for MOS 42A within the 24 months required.  Her enlistment bonus was verified through the State Incentive Manager who issued a BCN.  Her recruiter annotated the annexes to her enlistment contract with a BCN.  Unfortunately, MOS 42A was not a critical skill MOS.



3.  It is evident that several errors were committed in the processing of her enlistment contract.  But regardless of whether her BCN was issued in error or not or whether the MOS she enlisted for was critical or not, none of these factors were the fault of the applicant.  Therefore, she should not be penalized for errors committed by MIARNG recruiting officials, the State Incentive Manager, or the NGB.

4.  The applicant met all of the requirements she agreed to in her PSEB contract; therefore, she 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 she enlisted for MOS 42A, qualified for a $15,000 bonus, and received a valid BCN upon enlistment in the MIARNG 
* Show she is eligible for payment of the PSEB in accordance with the terms of her enlistment contract
* Pay her the PSEB, out of Army National Guard funds, the bonus as specified in her 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)                                         AR20100029787



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ABCMR Record of Proceedings (cont)                                         AR20100029787



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