IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110001428
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, in effect, that the National Guard Bureau's (NGB) decision to deny him payment of an extension bonus be overturned.
2. He states that he enlisted in the California Army National Guard (CAARNG) on 8 August 2008 for 6 years for a $20,000 affiliation bonus. He has been informed that a Bonus Control Number was never assigned as a result of an error by his recruiter.
3. He provides
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 13 September 2005
* A 2008 DD Form 4/1 (Enlisted/Reenlistment Document Armed Forces of the United States)
* Annex B to DD Form 4, Enlisted Affiliation Bonus (AB) Addendum, ARNG of the U.S.
* an exception to policy memorandum
CONSIDERATION OF EVIDENCE:
1. The applicants military record shows he enlisted in the U. S. Marine Corps (USMC) on 14 September 2000 and he was honorably released from active duty on 13 September 2005.
2. He executed a 6 year enlistment in the CAARNG on 8 August 2008.
a. Annex B, section III (1) (Payments) states, Incentive payment will be as follows: 6-year AB for Affiliation in a Critical UIC (Unit Identification Code) for a 6-year enlistment in a critical UIC and I will received an AB in the amount of $20,000. I certify that I am enlisting in an NGB approved critical UIC as per Section II, number 5 above, and I am MOS (military occupational specialty) qualified for the valid position vacancy up to 125 percent of a units war time strength for which I am enlisting. My bonus will be paid in one lump sum payment, which will be processed upon enlistment in the ARNG.
b. Annex B, section VIII (Authentication) reflects the applicant acknowledged enlistment to an AB. This section also shows a control number was pending.
c. Annex B, section IX (Certification by Service Representative) shows a civilian certified and witnessed the agreement.
3. On 26 August 2010, a memorandum to the G-1 Personnel of All States, Puerto Rico, Virgin Islands, Guam, and the District of Columbia, stated that all Exception to Policy for the Selective Reserve Incentive Program contracts without a valid Information Management and Reporting Center IMARC (Information Management and Reporting) Bonus Control Number will not be accepted after 30 September 2010. Requests received after that suspense date would be returned without action to the Incentive Manager for submission to the Army Board for Correction of Military Record for adjudication.
4. 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 available evidence confirms the applicant enlisted in the CAARNG for 6 years. His career counselor annotated the annexes to his enlistment showing control number pending. However, the Bonus Control Number BCN was never issued to him.
2. It is evident that errors were committed in the processing of his enlistment extension. However, regardless of whether his Bonus Control Number was not issued in error, this was not the fault of the applicant. Therefore, he should not be penalized for errors committed by the CAARNG recruiting officials, the State Incentive Manager, or the NGB.
3. The applicant met all of the requirements he agreed to in his extension addendum; therefore, he should be entitled to payment of the agreed upon bonus.
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 Army National Guard records and the Department of the Army records of the individual concerned be corrected by:
* showing he enlisted the CAARNG for 6 years and qualified for a $20,000 affiliation bonus and received a valid Bonus Control Number upon enlisting in the CAARNG
* showing he is entitled to payment of the bonus in accordance with the terms of his enlistment addendum
* paying him, out of Army National Guard funds, the bonus as specified in his enlistment addendum
________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) AR20110001428
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ABCMR Record of Proceedings (cont) AR20110001428
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