BOARD DATE: 22 November 2011
DOCKET NUMBER: AR20110006701
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 her enlistment bonus.
2. The applicant states she enlisted and signed a critical skill contract with the expectation of a bonus. She had no reason to believe she was not entitled to this bonus. The recruiter should have had her sign a non-critical skill contract. When the Oklahoma Army National Guard (ARNG) was made aware of the error, a request to manually enter a control number for her bonus was submitted on 8 December 2010 after the established deadline.
3. The applicant provides a memorandum from the National Guard Bureau (NGB) and NGB Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) Non-Prior Service Enlistment Bonus Addendum Army National Guard of the United States (ARNGUS)), dated 4 February 2009.
CONSIDERATION OF EVIDENCE:
1. On 4 February 2009, the applicant enlisted in the ARNGUS for a period of 8 years and concurrently in the Oklahoma ARNG for a period of 6 years.
2. In connection with her enlistment, she and her recruiter signed Annex E to her DD Form 4.
a. Section II (Eligibility) of this form shows she did not enlist to gain employment in an Active Guard Reserve (AGR) Title 10 or Title 32 position. It indicates she was projected for a vacancy in Headquarters and Headquarters Company, 700th Support Battalion, in military occupational specialty (MOS) 42A.
b. Section III (Payments) shows she would receive a total bonus of $20,000.00 to be paid in two installments. The first 50-percent installment was to be processed upon completion of initial active duty for training (IADT) and award of the MOS [42A] for which she enlisted. The second 50-percent installment was to be processed on the 36-month anniversary of her date of enlistment [4 February 2012].
3. Headquarters, U.S. Army Basic Combat Training Center of Excellence and Fort Jackson, Fort Jackson, South Carolina, Orders 194-474, dated 13 July 2010, awarded the applicant MOS 42A.
4. In a memorandum, dated 1 February 2011, NGB denied the Oklahoma ARNG's request for an exception to policy for a manual control number to be entered into the Information Management and Reporting Center system. The denial was based on receipt of the request after the established deadline of 8 December 2010. The memorandum further stated the applicant could file a claim with this Board if she believes an error or injustice exists.
5. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) 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 applicant contends that she enlisted in the Oklahoma ARNG with the agreement she would receive a $20.000.00 enlistment bonus; however, due to an administrative oversight, she is being denied this entitlement.
2. The applicant's statement indicates she may have been offered an enlistment bonus based on a critical skill rather than a non-critical skill MOS. However, the denial by NGB to issue a manual control number makes no mention of such an error. Furthermore, there is no evidence of any effort by either the Oklahoma ARNG or NGB to amend or rewrite Annex E of her enlistment document. Therefore, this contention is considered a non-issue.
3. The available evidence of record clearly shows the applicant completed IADT and was awarded the MOS indicated in Annex E. Accordingly, the applicant appears to have met this portion of her obligation and should have received the first half of her enlistment bonus.
4. Based on the above, a manual control number should be issued enabling her to receive the bonus as promised in her enlistment contract.
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 State ARNG records of the individual concerned be corrected to show:
a. she received a valid bonus control number upon enlistment in the Oklahoma ARNG for the enlistment bonus in the amount of $20,000.00;
b. she is eligible for payment of the bonus in accordance with the terms of her enlistment contract, to include Annex E; and
c. payment of the bonus as specified in her enlistment contract out of ARNG funds.
_________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) AR20110006701
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