IN THE CASE OF:	

		BOARD DATE:	  9 August 2011

		DOCKET NUMBER:  AR20100030172 


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 a $20,000.00 Non-Prior Service Enlistment Bonus (NPSEB).

2.  He states, in effect, that:

   a.  he signed a contract on 5 March 2009, which stated he would receive a $20,000.00 NPSEB; 

   b.  in April 2010, he was only paid $3,455.00 ($5,000.00 less taxes; he will receive a second payment of the same amount in the future) which means the Army will only pay him $10,000.00 when he enlisted for $20,000.00; 

   c.  denying him the $20,000.00 NPSEB is a breach of contract. 

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to the
DD Form 4 - NPSEB Addendum)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the Delaware Army National Guard (DEARNG) for a period of 8 years on 5 March 2009.  

2.  Annex E to his NGB Form 600-7-1-R-E shows in:

   a.  Section II (Eligibility):
   
   (1)  Item 6 - D Company, 3rd Battalion, 238th Aviation Brigade; and
   
   (2)  Items 6 and 7 show he enlisted in military occupational specialty (MOS) 15T, for a non-critical skill bonus.

   b.  Section III (Payments) shows he:
   
   (1)  enlisted for a $20,000.00 NPSEB;
   
   (2)  would receive the first payment at the rate of 50 percent upon completion of initial active duty for training (IADT) and award of the MOS for which enlisted; and
   
   (3)  would receive a second and final payment on the 36th month anniversary of his enlistment.
   
   c.  Section IX (Certification by Service Representative) shows the entry:
   
   (1)  "I certify witnessing the reading and signing of the above agreement and the signature appearing above is that of the applicant.  I have verified the Soldier meets the eligibility requirements of National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)), paragraph 2-3 and the applicant's MOS/unit is currently eligible for an enlistment bonus";
   
   (2)  This form also shows bonus control number (BCN) "E0******1DE" was issued on 5 March 2009; and
   
   (3)  In connection with this enlistment he and his enlisting official signed Annex E to the DD Form 4 on the same date (5 March 2009).

3.  His DD Form 214 shows he entered IADT on 25 August 2009 and he was released from IADT on 19 March 2010.  His MOS was listed as 15T and he was credited with completing 6 months and 25 days of active service. 

4.  On 26 April 2010, the Chief, Education, Incentives, and Employment Division, NGB, stated the DEARNG's request for an exception to policy to retain the applicant's $20,000.00 NPSEB could not be approved.  The Chief also stated that in accordance SRIP Guidance (Policy Number 07-06), with updates, dated 17 February 2009, the authorized incentive amount was only $10,000.00 for a non-prior service critical skill, unless combined with the Off Peak or Quick Ship Option.  Upon review of all substantiating documentation, the applicant only qualified for the $10,000.00 NPSEB and he would be processed accordingly by the incentive manager.  The Chief concluded by stating the military personnel office should ensure that all elements responsible for incentive processing are properly trained.  This would preclude this issue from negatively affecting Soldiers in the future.   

5.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-3, provides that a person is eligible for an NPSEB if they meet the following requirements:

* contract for a term of 8 years (6 years must be in the ARNG)
* meet eligibility requirement for enlistment as an NPSEB applicant 
* enlist for assignment to a vacant position
* meet the educational requirements
* has an Armed Forces qualification test score of 31 or higher
* is not enlisting for a military technician position
* completes the NGB Form 600-7-1-R-E
* only contracts for one bonus at a time

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid a $20,000.00 enlistment bonus. 

2.  The available evidence confirms the applicant enlisted for MOS 15T, assignment to Company D, 3rd Battalion, 238th Aviation Brigade, and for a period of 8 years.  He was not MOS qualified at the time of enlistment; however, he fulfilled his contractual agreement by completing the training for his MOS.  His $20,000.00 NPSEB was verified through the service representative.  Annex E to his DD Form 4 shows he was issued a BCN.  Unfortunately, MOS 15T was not a critical skill MOS.

3.  It is evident that several errors were committed in the processing of his enlistment contract.  But regardless of whether the MOS he enlisted into was critical or not, none of this was his fault.  He should not be penalized for errors committed by DEARNG recruiting officials, the State Incentive Manager, or the NGB.

4.  The applicant met all of the requirements he agreed to on his NPSEB contract; therefore, he should be entitled to payment of the $20,000.00 NPSEB that is listed in his enlistment contract. 

5.  The DEARNG acknowledged their errors and recommended approval of the applicant's request.

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 DEARNG records of the individual concerned be corrected to show that:

   a.  he enlisted for a non-critical skill MOS upon enlistment in the DEARNG for an NPSEB in the amount of $20,000.00;
   
   b.  he is eligible for payment of the NPSEB in accordance with the terms of his enlistment contract; and 
   
   c.  remitting payment of the NPSEB from ARNG funds in accordance with the individual's contract as a result of this correction.



      ___________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)                                         AR20100030172



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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