BOARD DATE: 27 September 2011
DOCKET NUMBER: AR20110008565
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 his enlistment bonus.
2. The applicant states he enlisted with the expectation of a bonus. The recruiter and the Military Entrance Processing Station (MEPS) counselor never requested or input his bonus control number into the Information Management and Reporting Center (iMARC). The cutoff date was in September 2010 but his enlistment was in March 2010; therefore, he is entitled to the bonus for which he was contracted.
3. The applicant provides a memorandum from the Rhode Island Army National Guard (RIARNG), memorandum from the National Guard Bureau (NGB), and his enlistment agreement with allied documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Army National Guard (ARNG) on 16 March 2010 for a period of 8 years.
2. In connection with his enlistment, he and his recruiter signed Annex E
(Non-Prior Service Enlistment Bonus Addendum) to his DD Form 4 (Enlistment/Reenlistment Document). This form shows in Section IV (Payments) that he would receive a total bonus of $10,000.00 which is to be paid in three
installments. The first 50 percent installment was to be processed upon completion of Initial Active Duty Training (IADT), the second installment of 20 percent to be processed on the third-year anniversary of the date of enlistment, and the third and final installment of 30 percent to be processed on the fifth-year anniversary of enlistment date.
3. On 13 January 2011, he completed IADT and was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).
4. In a memorandum dated 4 March 2011, the RIARNG requested NGB approve an exception to policy for a non-prior service (NPS) enlistment bonus for the applicant. The RIARNG indicated the applicant enlisted on 16 March 2010 and signed a NPS Enlistment Bonus Addendum and that his Record of Military Processing also stated that he enlisted for an NPS bonus. The applicant's recruiter and MEPS counselor failed to enter a request for a bonus control number in iMARC and their incentives manager was made aware of the applicant's contracted bonus on 17 February 2011 while he was receiving an education briefing.
5. The RIARNG also indicated the applicant is now non-duty MOS qualified due to his unit of assignment mobilizing during his IADT. He was transferred to another unit effective 6 August 2010 and returned qualified as an 88M on
13 January 2011 and is currently performing satisfactorily and is entitled to the bonus but through no fault of his own, his bonus has been compromised. The RIARNG suggested that the corrective action in this case is for the NGB to authorize the issuance of a manual control number for the qualifying NPS enlistment bonus.
6. In a memorandum dated 8 March 2011, the NGB informed the RIARNG that the request for an exception to policy for the NPS enlistment bonus and manual control number could not be approved. The NGB stated that requests received after the suspense date of 30 September 2010 would be returned without action to the States Incentives Manager and that after a review of substantiating documentation, it was noted the request for a manual control number was received after the suspense date; therefore, the applicant was ineligible for the incentive and bonus control number.
7. 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
MEPS 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 enlisted in the ARNG and his Non-Prior Service Enlistment Bonus Addendum confirms his entitlement to a $10.000.00 bonus; however, due to an administrative oversight, he is being denied this entitlement.
2. The RIARNG confirmed that he is currently performing satisfactorily and is fulfilling his contractual agreement. He should not be penalized for his recruiter's and MEPS counselor's administrative oversight.
3. Based on the above, a manual control number should be issued enabling him to receive the bonus as promised on his enlistment contract.
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 Department of the Army and State Army National Guard records of the individual concerned be corrected to show that:
a. he received a valid bonus control number upon enlistment in the ARNG for the enlistment bonus in the amount of $10,000.00;
b. he is eligible for payment of the bonus in accordance with the terms of his enlistment contract; and
c. he be paid the bonus as specified in his enlistment contract out of Army National Guard 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.
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