IN THE CASE OF:	  

		BOARD DATE:	  17 January 2012

		DOCKET NUMBER:  AR20110011657 


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, through a Member of Congress, reinstatement and payment of her affiliation bonus and promotion to sergeant (SGT)/E-5.  

2.  The applicant states, in effect, she received partial payment of the affiliation bonus she was authorized upon enlistment in the Army National Guard (ARNG) and she is owed an additional $5,000.  She also claims the contract that transferred her from the ARNG to the U.S. Army Reserve (USAR) also impacted her promotion eligibility status.  

3.  The applicant provides the following documents in support of her application:

* Self-Authored Memorandum for Record (MFR), dated 18 August 2009
* USAR Regional Careers Officer MFR with a chronological list of events, dated 6 August 2009
* USAR Recruiter MFR, dated 9 July 2007
* Self-Authored MFR, dated 9 July 2007
* ARNG DD Form 4 (Enlistment/Reenlistment Document), dated 7 July 2006
* Affiliation Bonus Addendum with related documents, dated 12 July 2006
* Individual Ready Reserve (IRR) assignment related orders



CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that after serving in the Regular Army from 
24 August 2001 through 6 July 2006, she enlisted in the ARNG, in the rank of specialist four (SPC)/E-4, for 3 years and 6 weeks on 7 July 2006.  In conjunction with this ARNG enlistment, she was authorized an affiliation bonus in the amount of $10,000.00 based on serving in a Selected Reserve unit for 3 years.  

2.  The Affiliation Bonus Addendum completed during the applicant’s enlistment processing in the ARNG on 12 July 2007 outlines the terms for continuation of bonus in Section VII and states the Chief, Army Reserve may authorize continuation of bonus entitlement upon enlistment in the USAR.  It further states entitlement to the bonus will continue if the member moves to another Selected Reserve unit.  Section VIII contains the reasons for termination and those that require bonus recoupment.  Transferring from the ARNG to USAR is not included in the list of reasons that require termination or bonus recoupment.  

3.  On 8 July 2007, the applicant was discharged from the ARNG for the purpose of entering the USAR, and on 9 July 2007, she entered the USAR Individual Ready Reserve (IRR).    

4.  On 23 July 2007, the applicant was transferred from the IRR to a Selected Reserve Troop Program Unit (TPU).  

5.  The applicant’s record is void of any indication that she has been recommended for promotion by a local promotion board or that she is currently on a promotion standing list.  

6.  In connection with the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB) Chief, Personnel Policy Division.  This official recommends approval of the applicant’s request to terminate recoupment of the initial payment of the affiliation bonus in the amount of $5,000.00, repayment of all monies collected as a result of recoupment, and to pay the applicant the remaining bonus in the amount of $5,000.00 in accordance with the Selected Reserve Incentive Program List.  This official states the applicant has been unjustly denied the bonus payment as a result of errors made by the ARNG and USAR.  The ARNG erroneously voided the applicant’s affiliation bonus upon her transfer to the USAR.  Both ARNG and USAR officials have confirmed she remained eligible for the bonus by entering a TPU of the Selected Reserve of the USAR.  Her bonus should not have been terminated.  This official further states the USAR erroneously used an enlistment to access the applicant into the USAR when in fact the proper procedure would have accomplished her transfer from the ARNG to the USAR via a DD Form 368 (Request for Conditional Release).  

7.  On 21 November 2011, the applicant was provided a copy of the NGB advisory opinion in order to have the opportunity to respond to its contents.  To date, she has failed to reply.  

8.  The applicant provides an MFR from the Recruiting Battalion Commander who provides a chronological list of events in her case.  In the MFR, this recruiting official confirms the applicant was provided misleading information and was not paid the complete $10,000 affiliation bonus she was promised when transferring between Reserve Component units.  He confirms the applicant should not have been penalized for something that was no fault of her own.  He explains that the Army Recruiter who contacted the applicant about entering the USAR assured her the ARNG affiliation bonus would transfer to the USAR.  He claims the recruiter did not intentionally mislead the applicant and thought he was following proper procedure.  However, the recruiter did not have the authority to execute an Army Reserve enlistment contract.  He indicates that based on the applicant’s discharge from the ARNG in 2007, her future bonus payments were terminated.  He confirms the applicant served satisfactorily in the USAR for the past 3 years and attaches a chronological list of events in her case that show the numerous procedural errors made in her case.  

9.  Army Regulation 135-7 (Army National Guard and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the ARNG and USAR incentive programs.  Chapter 5 contains guidance on the administration of the affiliation bonus.  Soldiers meeting the eligibility criteria may be awarded an affiliation bonus.  Paragraph 5-4.1 contains guidance on continuing entitlement on transfer between Reserve Components of the Army.  It states on transfer from the ARNG to a USAR Selected Reserve TPU, an ARNG Soldier entitled to a bonus payment will receive the subsequent bonus payment.  This is provided the Soldier remains eligible and termination is not required.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to be paid the affiliation bonus she was promised in conjunction with her 2006 enlistment in the ARNG has been carefully considered and found to have merit.  By regulation, eligible members will continue to receive bonus payment upon transfer from the ARNG to a USAR TPU of the Selected Reserve. 



2.  In this case, NGB and USAR recruiting officials agree the continued payment of the $10,000 affiliation bonus the applicant was promised upon her 2006 enlistment in the ARNG should have continued upon her transfer to the USAR.  All admit that the loss of the bonus entitlement was the result of numerous procedural errors made on the part of ARNG and USAR officials.  Therefore, it would be appropriate to correct the record to show the applicant transferred from the ARNG to a USAR TPU on 9 July 2007, the date she transferred from the ARNG to the USAR, and to pay her all monies due from recoupment of the first $5,000 affiliation bonus payment she received and the second $5,000 payment due in accordance with the terms of her initial affiliation bonus authorization in her 2006 ARNG enlistment contract. 

3.  Although the applicant refers to promotion status issues in her application, she failed to provide any evidence related to this matter and the evidence of record fails to show she was recommended or selected for promotion by either her unit commander or a local promotion selection board, or that she is on a promotion standing list at this time.  As a result, rather than deny this request based on the lack of evidence, this matter will not be addressed by this Board until the applicant exhausts all available administrative remedies through her chain of command and normal USAR personnel channels.  Subsequent to her exhausting these administrative remedies, if she still believes an error or injustice exists, she may reapply to this Board.  It is necessary that the applicant provide documentary evidence of any evidence that supports her assertion that she was unjustly denied promotion consideration. 

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 records of the individual concerned be corrected by:

   a.  showing she was transferred from the ARNG to her USAR TPU on 9 July 2007; and
   b.   paying her the affiliation bonus due in accordance with the enlistment contract and bonus addendum agreement entered into at the time of her 2006 enlistment in the ARNG, and paying her any amount of the affiliation bonus that has been previously recouped.  Payment of this bonus should come from Army National Guard and U.S. Army Reserve bonus 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)                                         AR20110011657



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ABCMR Record of Proceedings (cont)                                         AR20110011657



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