BOARD DATE:	  29 September 2011

		DOCKET NUMBER:  AR20110011029 


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 her Non-Prior Service (NPS) enlistment bonus which was agreed upon when she enlisted in the Connecticut Army National Guard (CTARNG) be assigned a manual bonus control number and paid to her in accordance with her contract.

2.  The applicant states she signed a contract for a $15,000.00 bonus at the time of her enlistment in critical military occupational specialty (MOS) 21E (Construction Equipment Operator).

3.  The applicant provides:

* a memorandum requesting an Exception to Policy, dated 6 January 2011
* a memorandum requesting an exception to policy, dated 14 February 2011
* Orders 0130032, dated 10 May 2010
* her DD Form 4/1 and 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States)
* a National Guard Bureau (NGB) Form 600-7-1 (Annex E to DD Form 4 - NPS Enlistment Bonus Addendum)
* a Montgomery GI Bill Selective Reserve Kicker Incentive Addendum
* her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 210-1455, dated 29 July 2010


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the CTARNG on 9 February 2010 for a period of
8 years in the rank/grade of private (PV1)/E-1.  

2.  In connection with the applicant's enlistment, she and her recruiter signed Annex E to her DD Form 4.  This form shows in:

	a.  Section II (Eligibility), paragraph 7 (NPS Critical Skill Bonus (50/20/30 payment)), the entry “I am enlisting into a Critical UIC/Skill 21E (per SRIP policy) to serve no less than 6 years in a paid drill status for $10,000.00.”

	b.  Section II, paragraph 10 (Off-Peak Ship Bonus), the entry "I agree to ship during the off-peak period (October through May) and will receive the $5,000.00 off-peak bonus.”

	c.  Section IV (Payments), paragraph 1, the entry "I will receive a total bonus of $15,000.00 for the enlistment bonus options in Section II.”

	d.  Section IV, paragraph 2, the entry “I understand that I will forfeit 50 percent (%) of the total bonus amount if I do not ship on the original scheduled Initial Active Duty Training (IADT), STO [Split Training Option] 1 or STO 2 ship date of 10 May 2010.”

	e.  Section IV, paragraph 7a, the entry "I understand my bonus will be paid in three installments.  First 50% installment will be processed upon completion of IADT and verification of MOS qualification for which I enlisted or upon sufficient training to be deployable.  The second 20% installment will be processed on the third-year anniversary, and final 30% installment will be processed on the sixth-year anniversary of the Soldier’s date of enlistment."

	f.  Section IX (Certification by Service Representative), is authenticated by the signature of the enlisting official and service representative.  A Bonus Control Number “ENL20100209” is listed.

3.  Orders 0130032, issued by the Military Entrance Processing Station, Chicopee, MA, dated 10 May 2010, show the applicant was scheduled to report to basic training at Fort Leonard Wood, MO on 10 May 2010 and advanced individual training (AIT) on 26 July 2010 at the same location.

4.  Orders 210-1455, issued by Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, show she completed AIT and she was awarded MOS 21E on 22 September 2010.
5.  On 6 January 2011, the Deputy Chief of Staff, Personnel, CTARNG, requested an exception to policy from the NGB for a bonus control number for the student loan repayment program on behalf of the applicant.

6.  On 14 February 2011, by memorandum, the Chief, Education, Incentives and Employment Division, NGB, denied the request for an exception to policy for a manual control number (MCN) to be entered in IMARC (Information Management and Reporting Center).  In accordance with NGB Education Policy
10-031, requests for MCN were to be submitted by the deadline of 30 September 2010.  The State submitted the applicant's MCN on 6 January 2011 after the deadline established by the NGB.

7.  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 applicant’s contention that she should be paid a $15,000.00 NPS Enlistment Bonus promised to her in her enlistment contract was carefully considered and found to have merit.

2.  The applicant enlisted under the NPS Enlistment Bonus Program for a total bonus of $15,000.00 in MOS 21E for a period of 6 years.  The evidence shows the applicant entered into the contract in good faith.  It further confirms that the applicant was promised a $15,000.00 NPS Enlistment Bonus in conjunction with this enlistment and that this commitment was documented in the enlistment documents prepared.

3.  The CTARNG obviously requested the wrong type of bonus (student loan repayment vice NPS enlistment) and this mistake was carried over by the NGB in their denial response.  Regardless, a request for MCN was not issued prior to the 30 September 2010 deadline.  Evidence shows that the applicant fulfilled the requirements of her enlistment contract, did absolutely nothing wrong, and upheld her end of the bargain.  Therefore, it would serve the interest of equity and justice to pay her the enlistment bonus according to the parameters of 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 that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by:

	a.  showing she received a valid bonus control number upon enlistment in the CTARNG for the enlistment bonus in the amount of $15,000.00;

	b.  showing she is eligible for payment of the bonus in accordance with the terms of her enlistment contract; and

	c.  paying her, out of ARNG funds, her bonus as specified in her enlistment contract, less taxes.



      ________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)                                         AR20110011029



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ABCMR Record of Proceedings (cont)                                         AR20110011029



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