IN THE CASE OF:
BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110001068
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 to be issued a manual control number for his enlistment bonus and to be paid his bonus in accordance with his contract.
2. The applicant states:
* He wants his bonus document corrected so he can receive the bonus ($20,000.00) that was promised to him when he signed up to join the California Army National Guard (CAARNG) on 20 March 2008
* He has met all requirements that he was instructed to complete
* He has been informed by his chain of command and Battalion Career Counselor that the bonus paperwork given to him was not completed because it was not assigned a control number by the recruiter
3. The applicant provides:
* Memorandum, dated 8 January 2011, from his commander
* DD Form 4/1 (Enlistment/Reenlistment Document)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* Enlistment Bonus Addendum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the CAARNG on 20 March 2008 for a period of
8 years.
2. On 20 March 2008, he signed a Non-prior Service Enlistment Bonus Addendum which states upon his enlistment in the ARNG he was eligible for an enlistment bonus as indicated in the Selected Reserve Incentive Program. The addendum also shows he would receive a bonus of $20,000.00 paid in one lump sum upon completion of all required training.
3. He completed advanced individual training (AIT) on 22 April 2010.
4. In support of his claim, the applicant provided a memorandum from his commander, who stated:
* Through no fault of his own, the applicant did not receive a control number for his enlistment bonus from his recruiter
* The recruiter did not follow-up with the applicant after he successfully completed AIT on 22 April 2010
* The applicant was not eligible to receive his bonus because he did not have a valid control number and he missed the submission date of
30 September 2010 for an exception to policy packet
* Since his inception into the ARNG the applicant has been a valuable asset to his unit
* His performance during the 2010 War Fighter exercise at Los Alamitos was outstanding
* The applicant has fulfilled the contractual obligations for the bonus
* His commander requests the enlistment bonus to be paid as promised in the interest of fairness and equity to the applicant
5. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states 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 contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be issued a manual control number and that the Army honor its written agreement authorizing him to receive a $20,000.00 enlistment bonus was carefully considered and was found to have merit.
2. The evidence of record confirms the applicant entered into a written agreement (Non-prior Service Enlistment Bonus Addendum) in good faith that authorized him to receive a $20,000.00 enlistment bonus in conjunction with his successful completion of all required training. He completed AIT on 22 April 2010.
3. Through no fault of the applicant, he did not receive a bonus control number for his enlistment bonus from his recruiter. He was not eligible for the bonus because he did not have a valid control number and he missed the submission date of 30 September 2010 for an exception to policy packet.
4. In view of the facts of this case and based on the recommendation of the applicant's commander, it would be appropriate and serve the interest of justice and equity to correct his record by showing the applicant was issued a manual control number and showing the Department of the Army authorized him to receive the bonus in question as agreed to in his Non-prior Service Enlistment Bonus Addendum, dated 20 March 2008.
BOARD VOTE:
____X____ ____X___ ____X___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and ARNG records of the individual concerned be corrected by:
a. showing he was issued a manual control number;
b. showing the Department of the Army authorized him to receive the bonus in question as agreed to in his Non-prior Service Enlistment Bonus Addendum, dated 20 March 2008; and
c. paying to him the $20,000.00 bonus out of ARNG funds as a result of the above corrections.
_______ _ _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) AR20110001068
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ABCMR Record of Proceedings (cont) AR20110001068
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