IN THE CASE OF:
BOARD DATE: 23 June 2011
DOCKET NUMBER: AR20110002785
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 he be assigned a bonus control number and that he be paid the prior service enlistment bonus that he contracted for.
2. The applicant states that he enlisted in the Missouri Army National Guard (MOARNG) on 15 March 2010 for a period of 3 years and 23 days and a prior service enlistment bonus of $7,500. However, he was subsequently informed that because he did not have a bonus control number he could not receive his bonus. He goes on to state that he was informed that the bonus control number had to be requested by 30 September 2010 and he believes that sufficient effort was not put forth to obtain the bonus control number.
3. The applicant provides a copy of his enlistment contract, a copy of his request submitted through his unit, and a copy of a memorandum from the National Guard Bureau (NGB) denying his request.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 4 October 2005 for a period of 3 years and 22 days, training as a motor transport operator, airborne training, and a seasonal enlistment bonus. He completed his basic training at Fort Sill, Oklahoma, his advanced individual training at Fort Bliss, Texas and his airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina for assignment to the 82d Combat Support Battalion as a heavy vehicle driver.
2. He deployed to Iraq from 7 August 2006 to 23 October 2007 and from 5 December 2008 to 24 November 2009. He was promoted to the rank of sergeant on 1 April 2009.
3. On 15 March 2010 (later amended to 30 March 2010), he signed a contract enlisting in the MOARNG for a period of 3 years and 23 days and a prior service enlistment bonus of $7,500.
4. On 29 March 2010, he was honorably released from active duty due to completion of required service. He had served 4 years, 5 months, and 26 days of active service.
5. On 9 December 2010, in response to a request for an exception to policy for a prior service bonus, officials at the NGB opined that the request could not be approved because it was received after the 30 September 2010 suspense and thus became ineligible to receive the incentive and bonus control number. NGB officials advised that personnel should be properly trained to ensure that Soldiers receive accurate and effective counseling and advised the applicant to apply to this Board.
6. Educational Incentives Operational Message (EOIM) 10-031 issued by the NGB provides that requests for a prior service bonus manual control number must be received by the NGB prior to 30 September 2010. Requests received after 30 September 2010 will be returned to the State Incentive Manager without action.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be paid his prior service enlistment bonus has been noted and appears to have merit.
2. While it is understood that there was an established suspense date for requesting a bonus control number from the NGB for persons receiving a prior service enlistment bonus, the responsibility for requesting a bonus control number rests with the chain of command, not with the Army.
3. The applicant signed a contract to enlist with the MOARNG with the in-service recruiter while he was still on active duty. Accordingly, the Army and the MOARNG had an obligation to ensure that the Army met the conditions of its contract by requesting the appropriate bonus control number just as the applicant fulfilled his obligations.
4. Therefore, as a matter of equity, it is only proper that the Army and the MOARNG honor its commitment to its Soldiers just as he has honored his commitment by showing that a bonus control number was issued on 29 September 2010 and paying him the bonus he is due as a result of his dedicated service to his nation and the MOARNG.
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 State Army National Guard and Department of the Army records of the individual concerned be corrected by showing that he was issued a bonus control number on 29 September 2010 and by paying him the bonus, out of ARNG funds, he is due.
_______ _ 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) AR20110002785
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110002785
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110022418
The applicant states Annex L (Enlisted Loan Repayment Program Addendum - Army National Guard (ARNG) of the United States) of his enlistment contract omitted a bonus control number (BCN) for the SLRP. The applicant provides copies of: * A self-authored DA Form 2823 (Sworn Statement) * Email exchanged with the National Guard Bureau (NGB) * His promissory notes * Annex L * Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Method of Fulfillment * DD Form 4...
ARMY | BCMR | CY2011 | 20110014775
The applicant requests, in effect, reversal of the National Guard Bureau's (NGB) denial of the Missouri Army National Guard's (MOARNG) request for exception to policy for a non-prior service enlistment bonus, which would allow him to receive a manual control number (MCN) for bonus payment. The applicant provides: * memorandum, NGB, dated 25 May 2011 * memorandum, Joint Forces Headquarters, MOARNG, dated 27 April 2011 * self-authored statement * NGB Form 600-7-1-R-E (Annex E to DD Form 4...
ARMY | BCMR | CY2011 | 20110001311
The applicant requests he be issued a manual bonus control number to be eligible to receive the first installment of his Officer Accession Bonus (OAB) in the amount of $10,000.00 in accordance with the terms of his enlistment in an authorized critical skill with the Missouri Army National Guard (MOARNG). The applicant provides: * MOARNG memorandum to the ABCMR, dated 5 January 2011 * DA Form 2823 (Sworn Statement) from Ms. Dxxxx x. Bxxxx * NGB memorandum reference Request for ETP, dated 9...
ARMY | BCMR | CY2011 | 20110001233
The applicant requests a manual bonus control number (BCN) for the Officer Accession Bonus (OAB) contract he signed on 25 September 2010. A memorandum, dated 26 August 2010, from NGB established 30 September 2010 as the final date to submit manual BCN exception to policy requests for Selective Reserve Incentive Program contracts executed prior to 1 October 2010. NGB stated that requests for exception to policy received after that date would be returned without action for submission to the...
ARMY | BCMR | CY2011 | 20110012891
The applicant requests payment of a prior-service enlistment bonus (PSEB). The evidence of record confirms the applicant enlisted as an 88M into the 351st Aviation Battalion for 4 years, 4 months, and 28 days. 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 a critical skill and received a valid bonus control number upon enlistment in the SCARNG for a PSEB in the...
ARMY | BCMR | CY2014 | 20140013916
The evidence of record shows on 23 April 2008 the applicant enlisted for a PSEB in the amount of $15,000. Therefore, in the interest of equity it would be appropriate to correct the applicant's record to show he was authorized the PSEB in the amount of $15,000, that he fulfilled his contractual obligation, and reimbursing him the total amount of debt he has already paid. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the...
ARMY | BCMR | CY2011 | 20110001704
The applicant requests a manual bonus control number (BCN) be issued for the Officer Accession Bonus (OAB) contract he signed on 25 September 2010. In an email, dated 26 October 2010, from a MOARNG staff member, the applicant was notified of the following: a. there was a recent change in the Incentives arena that pertained to bonus contracts being loaded into the IMARC system the same month as the bonus was signed; b. he signed his bonus addendum when he became a WO1, but it was left...
ARMY | BCMR | CY2011 | 20110001705
The applicant provides copies of: * a DA Form 2823 (Sworn Statement) from the individual responsible for obtaining his bonus control number, dated 20 December 2010 * his request to NGB for an exception to policy * his Written Agreement Officer/Warrant Officer Accession Bonus Addendum, dated 25 September 2010 * his NGB Form 337 (Oaths of Office), dated 25 September 2010 * memoranda from the Missouri Army National Guard (MOARNG), dated 26 October 2010 and 1 November 2010, regarding incentive...
ARMY | BCMR | CY2011 | 20110011041
The applicant requests, in effect, that his National Guard Bureau (NGB) Form 600-7-5-R-E (Enlisted Loan Repayment Program Addendum, Army National Guard of the United States) be corrected to show he was assigned a manual control number for the Student Loan Repayment Program (SLRP). As a result, the applicant was not properly issued a student loan repayment control number on the date of enlistment (i.e., 30 June 2010). As a result, the Board recommends that all State Army National Guard and...
ARMY | BCMR | CY2015 | 20150001608
The applicant requests correction of his records to show he is authorized to retain his Non-Prior Service Enlistment Bonus (NPSEB) offered at the time of his enlistment in the Missouri Army National Guard (MOARNG) on 25 August 2010. Notwithstanding the NGB memorandum denying him an ETP to retain the NPSEB and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records to show he requested and...