IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110003275 


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 the remainder of her affiliation bonus.  

2.  The applicant states she did not receive the second half of her affiliation bonus prior to separation on 14 December 2009.  

3.  The applicant provides:

* DA Form 5691-R (Request for Reserve Components Assignment Orders)
* DD Form 4 (Enlistment/Reenlistment Document)
* Annex A (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transferring into Units of the Army National Guard (ARNG) Upon Release/Discharge from Active Duty)
* DA Form 5435-R (Statement of Understanding – The Selected Reserve Montgomery GI Bill)
* Written Agreement – Enlisted Affiliation Bonus Addendum
* Orders 154-199 (mobilization orders)
* Orders 116-0264 (separation orders)
* Enlisted Record Brief
* Memorandum of Incoming Transitioning Soldier
* National Guard Bureau (NGB) Form 22-5-R-E Addendum
* DA Form 4187 (Personnel Action)
* Email from the Defense Finance and Accounting Service (DFAS)
* NGB Form 22 (Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) under the Delayed Entry Program (DEP) on 15 December 2001 for 8 years.  She was discharged from the DEP and enlisted in the Regular Army on 25 July 2002 and she held military occupational specialty (MOS) 89B (Ammunition Specialist).

2.  She served in a variety of stateside or overseas assignments and she was honorably released from active duty on 24 July 2006.  She was transferred to the USAR Control Group (Reinforcement) to complete her remaining military service obligation (MSO).  She had an MSO through 14 December 2009.

3.  Prior to release from active duty, she enlisted in the North Carolina Army National Guard (NCARNG) for 3 years, 20 months, and 4 days on 8 May 2006.  In connection with this enlistment, she completed:

	a.  Annex A, which shows she enlisted in the ARNG for assignment to Company A, 230th Support Battalion, Benson, NC, in MOS 89B.  She enlisted for an affiliation bonus but no bonus control number was issued.  She acknowledged that her MSO would be adjusted/reduced to reflect her agreement to serve in the Selected Reserve.  

	b.  A written Agreement – Enlisted Affiliation Bonus Addendum that shows she enlisted for assignment to a unit vacancy in the Selected Reserve which is authorized the grade and MOS of 89B.  Additionally, she is eligible for an affiliation bonus from active duty status into the ARNG for 3 years in the amount of $10,000 with an initial payment of 50 percent (%) and the remaining 50% to be paid in installments in accordance with the Selected Reserve Incentive Program (SRIP) List.  

4.  On 19 October 2006, she requested and was authorized an inter-state transfer into the Washington ARNG (WAARNG).  She was assigned to Company A, 181st Brigade Support Battalion (BSB), Seattle, WA, effective 23 October 2006.

5.  On 18 August 2008, she was ordered to active duty and subsequently served in Iraq in support of Operation Iraqi Freedom from 24 October 2008 to 26 July 2009.  She was assigned to Company A, 181st BSB.  

6.  On 21 August 2009, she was honorably released from active duty and transferred to the Joint Force Headquarters, Camp Murray, Tacoma, WA.

7.  She was honorably discharged from the ARNG on 22 November 2009 in accordance with paragraph 6-35a (expiration of term of service) of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management).  She was not transferred to the USAR Control Group (Reinforcement) to complete her MSO (14 December 2009).  Her NGB Form 22 shows she completed 3 years,
3 months, and 28 days of ARNG service during this period.

8.  On 4 February 2010, by email in response to her inquiry regarding non-payment of the last half of her bonus, a DFAS official stated that it looked like she had been separated and she would not be getting the rest of her bonus.

9.  An advisory opinion was obtained on 22 November 2011 in the processing of this case.  An NGB official recommended the applicant's case be closed without action.  He stated that in accordance with the documents provided by the Defense Finance and Accounting Service, the applicant was paid the first installment of $5,000.00 on 26 September 2006 and the second installment of $5,000.00 on 27 July 2009.  

10.  She was provided a copy of this advisory opinion but she did not respond.

11.  NGR 600-200 prescribes the criteria, policies, processes, procedures and responsibilities for the management and utilization of ARNG enlisted personnel.  Chapter 6 covers enlisted separations.  Paragraph 6-35a provides for separation of enlisted personnel by reason of expiration of term of service.

12.  NGR 600-7 (Selective Reserve Incentive Programs), 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 ARNG for
3 years, for a vacant and valid position in the NCARNG.  Her written agreement stipulated she would be paid 50% of her bonus upon enlistment and the remainder in installments.  She later transferred to the WAARNG and was assigned to a similar position in a unit that ultimately deployed to Kuwait/Iraq.

2.  She enlisted in good faith, served in combat, and fulfilled the requirements of her contract before she was honorably discharged.  She met all of the requirements agreed to in her extension addendum; therefore, she was entitled to receive payment of the remainder of the agreed upon bonus.  

3.  Additionally, DFAS records indicate the applicant was paid the full bonus in two installments of $5,000 each on 26 September 2006 and 27 July 2009.  Therefore, she is not entitled to the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X __  ___X____  __ _X     _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   _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)                                         AR20110003275



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ABCMR Record of Proceedings (cont)                                         AR20110003275



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