IN THE CASE OF:	  

		BOARD DATE:	  30 August 2011

		DOCKET NUMBER:  AR20110011704 


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 that was executed on 25 November 2009 in the Oregon Army National Guard (ORARNG).

2.  The applicant states:

	a.  He signed a contract for a $15,000.00 bonus at the time of enlistment.  The bonus of $10,000.00 was for enlisting in the critical military occupational specialty (MOS) of 21E (Heavy Construction Equipment Operator) and $5,000.00 was an off-peak bonus.  He was told he would receive 50% of his bonus when he completed basic combat training (BCT) and advanced individual training (AIT).  He completed BCT/AIT on 10 August 2010 and processed into his ORARNG unit on 12 August 2010.  He waited 6 to 8 weeks but he still did not receive his bonus.

	b.  He submitted a request for an exception to policy through the Headquarters, ORARNG to the National Guard Bureau (NGB) for payment of his enlistment bonus.  The ORARNG recommended approval of his request and stated he was fully eligible for the bonus but it could not be paid because the control number on his Selected Reserve Incentive Program (SRIP) Addendum was not entered correctly when he was sworn in at the Military Entrance Processing Station (MEPS).  The NGB denied his request.  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 - Non-Prior Service Enlistment Bonus Addendum - Army National Guard)
* Three memoranda
* An e-mail

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the ORARNG on 25 November 2009 for a period of 8 years in the rank/grade of private/E-1.  

2.  In connection with his enlistment, he and his recruiter signed Annex E to his DD Form 4.  This form shows in:

	a.  Section II (Eligibility), paragraph 7 (Non-Prior Service (NPS)) Critical Unit Identification Code (UIC)/Skill Bonus (50/20/30 Payment), the entry "I am enlisting into a critical UIC/Skill WPKOAA/21E10 (per SRIP policy) to serve no less than 6 years in a paid drill status for $10,000.00." 

	b.  Section II, paragraph 9 (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."  His ship date is listed as 22 March 2010.

	c.  Section IV (Payments), paragraph 7, the entry, "I understand my bonus will be paid in three installments.  The first 50% installment will be processed upon completion of initial active duty for training (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 6th-year anniversary of the Soldier's date of enlistment." 

3.  On 22 March 2010, he entered IADT.  He completed basic combat and AIT and he was awarded MOS 21E.  He was released from IADT on 10 August 2010, to the control of his ARNG unit.

4.  The applicant provides the following:

	a.  A memorandum to the Chief, NGB, Arlington, VA, dated 27 October 2010, from Headquarters, ORARNG, Salem, OR, wherein the State Incentive Manager recommended approval of the applicant's request for an exception to policy and he be authorized payment of a $15,000.00 NPS enlistment bonus.  The official stated the applicant was fully eligible for the bonus he contracted for when he enlisted; however, the control number that was placed on the SRIP Addendum was not one requested or approved.

	b.  A memorandum, dated 24 January 2011, wherein an official at the NGB, denied his request for an exception to policy.  The official stated requests for manual control numbers were to be submitted by the deadline of 30 September 2010 and the one submitted on behalf of the applicant was received on 27 October 2010, after the established deadline.  The official further stated the applicant could file a claim with the Army Board for Correction of Military Records if he believed that an error or injustice existed.

	c.  An e-mail, dated 7 March 2011, wherein a noncommissioned officer from the ORARNG stated he did not know exactly what happened with the applicant but when the applicant went to the MEPS the bonus system was probably down and a control number was issued.  The person at the MEPS probably forgot to enter the bonus information into the system once it came up.

5.  National Guard Regulation 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 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 for an NPS Enlistment Bonus in the amount of $15,000.00, in MOS 21E, and for a period of 8 years with an off-peak ship date.  He fulfilled his contractual agreement by entering IADT on 22 March 2010, completing IADT, and holding the MOS.  

2.  It appears his recruiter either entered the bonus control number incorrectly and/or did not enter the bonus control number prior to the established deadline. 

3.  It is evident that an error was committed in the processing of his enlistment.  But regardless of whether his bonus control number was invalid or entered late, neither was his fault.  He should not be penalized for an error committed by ORARNG recruiting officials or the State Incentive Manager.

4.  The applicant met all of the requirements he agreed to on his NPS enlistment contract; therefore, he should be entitled to receive payment of the bonus. 

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 Army National Guard records of the individual concerned be corrected to show: 

* he enlisted for a critical skill, off-peak ship bonus, and received a valid bonus control number upon enlistment in the ORARNG for the enlistment bonus in the amount of $15,000.00
* he is eligible for payment of the bonus in accordance with the terms of his enlistment contract
* his bonus as specified in his enlistment contract is to be paid from 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)                                         AR20110011704



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ABCMR Record of Proceedings (cont)                                         AR20110011704



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