BOARD DATE: 11 October 2011
DOCKET NUMBER: AR20110011962
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 to be paid a non-prior service (NSP) enlistment bonus in the amount of $10,000.00.
2. The applicant states he enlisted in the Hawaii Army National Guard (HIARNG) with the understanding that his contract was valid and he had met the bonus eligibility requirements. He enlisted into a critical unit identification code (CUIC) for which bonuses were allowed prior to the change. He was fully aware of the unit's deployment and was motivated by the bonus associated with the unit's deployment and the prospect that he could be mobilized and serve his unit, State, and country. He feels there has been an injustice.
3. The applicant provides his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and allied documents, DD Form 214 (Certificate of Release or Discharge from Active Duty), and HIARNG and National Guard Bureau (NGB) memoranda.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the HIARNG on 19 May 2009 for a period of 8 years.
2. Annex E to DD Form 4 (NPS Enlistment Bonus Addendum Army National Guard) shows in section II (Eligibility), paragraph 7, that he was enlisting into a CUIC/skill (WX6YCD/92Y) per Selective Reserve Incentive Program policy to serve no less than 6 years in a paid drill status for $10,000.00. Section VIII (Authentication) shows this form was signed by the applicant and the career counselor on 19 May 2009 and that a bonus control number was issued.
3. On 1 October 2010, he was awarded military occupational specialty (MOS) 92Y (Unit Supply Specialist) after completion of initial active duty for training (IADT).
4. On 15 November 2010, the HIARNG Incentive Manager requested that NGB grant an exception to policy to allow the applicant's 6-year NPS CUIC enlistment bonus to be processed based on the issued bonus control number. The incentive manager indicated the Soldier contracted for an NPS CUIC enlistment bonus, but due to an administrative error by the former incentive manager, the Soldier's CUIC was not on the State's CUIC list at the time of his enlistment. The Soldier recently completed IADT and is MOS qualified as a 92Y and in good standing.
5. On 24 January 2011, NGB denied the request because the applicant enlisted into UIC WY6YCD which was not identified as a CUIC on the date of his enlistment. Therefore, he was ineligible to retain the NPS CUIC enlistment bonus. The HIARNG was advised that the applicant could file a claim with the Army Board for Correction of Military Records. The HIARNG was also advised that the military personnel office should ensure all elements responsible for incentive processing are properly trained in order to preclude this issue from negatively affecting Soldiers in the future.
6. 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 the 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 enlisted in the HIARNG and his NPS Enlistment Bonus Addendum confirms he was promised a $10.000.00 bonus; however, due to an administrative oversight, he is being denied this entitlement.
2. The HIARNG confirmed he is currently performing satisfactorily and is fulfilling his contractual agreement. He should not be penalized for his incentive manager's administrative oversight.
3. Based on the above, it would be appropriate to correct his enlistment documents to show he enlisted in a valid CUIC and is eligible to retain the NPS CUIC enlistment bonus.
4. Should NGB and/or the HIARNG decline to accept this correction, the applicant should be afforded the opportunity to void his contract and be separated accordingly.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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:
a. he enlisted in a valid CUIC;
b. he is eligible for payment of an NPS CUIC bonus in the amount of $10,000.00 in accordance with the terms of his enlistment contract; and
c. he be paid the NPS CUIC bonus out of Army National Guard funds as specified in his enlistment contract.
2. Should the Army National Guard decline this recommendation, the applicant will be afforded the opportunity to void his contract and be separated.
__________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) AR20110011962
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ABCMR Record of Proceedings (cont) AR20110011962
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