IN THE CASE OF:	  

		BOARD DATE:	  8 September 2011

		DOCKET NUMBER:  AR20110012041 


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 that he receive the Prior Service Enlistment Bonus (PSEB) he was guaranteed in his enlistment contract.

2.  The applicant states the problem surrounding his PSEB started when the Army recruiter sent in an out-dated enlistment bonus addendum.

   a.  He states he did not complete advanced individual training (AIT) within the 24-month period because he deployed to Iraq.  However, he completed AIT immediately after returning to his home station.

   b.  He adds a request for an exception to policy was submitted to the National Guard Bureau (NGB), on 1 June 2010; but it was not approved.

3.  The applicant provides copies of his enlistment documents, mobilization orders, military occupational specialty (MOS) qualification documents, and his request for exception to policy.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed by the applicant and Army recruiter on 22 September 2007 shows in:
 
   a.  item 24 (Previous Military Service or Employment with the U.S. Government), line a (Are you now or have you ever been in any regular or reserve branch of the Armed Forces or in the Army National Guard [ARNG] or Air National Guard), the applicant placed an "X" in the "Yes" column; and

   b.  section VI (Remarks) the applicant indicated he served on active duty in the U.S. Navy in an enlisted status from November 1997 to November 2000.

2.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the ARNG of the United States (ARNGUS) and Mississippi ARNG (MSARNG) on 22 September 2007 for a period of 6 years.

   a.  an NGB Form 21 (Annex A - DD Form 4, Enlistment/Reenlistment Agreement ARNG) shows the applicant acknowledged his enlistment required that he commence training with an ARNG unit immediately.  It also shows he acknowledged he understood he would undergo training in MOS 21B1O [Combat Engineer].  The applicant and Army recruiter signed the document on
22 September 2007.

   b.  An NGB Form 600-7-6-R-E (Annex X to DD Form 4, PSEB Addendum - ARNGUS) (Revised 10 August 2007) shows the applicant acknowledged he was not qualified in the primary MOS for which he was enlisting, he enlisted into a Modified Table of Organization and Equipment (MTOE) unit in critical skill [MOS] 21B, and agreed to attend formal training and become qualified in his contracted MOS within 24 months of the date of enlistment.

       (1)  It also shows he understood his initial bonus payment would not be processed until he was duty MOS qualified.

       (2)  His bonus was to be paid in two 50% installments.  The initial payment was to be processed when he became MOS qualified, and the second and final payment of 50% was to be processed on the third-year anniversary of his enlistment.

       (3)  The applicant and recruiter signed the document on 22 September 2007.

3.  A DA Form 87 (Certificate of Training) shows the applicant completed the Combat Lifesaver Course on 5 June 2008.

4.  Military Entrance Processing Station, Jackson, MS, Orders 9063008, dated
4 March 2009, ordered the applicant to initial active duty for training (IADT) on
10 March 2009 for approximately 6 weeks to attend the Warrior Transition Course at White Sands Missile Range, NM.
5.  Mississippi Military Department, The Adjutant General's Office, Jackson, MS, Orders 121-003, dated 1 May 2009, ordered the applicant to active duty as a member of his unit on 1 May 2009 for a period not to exceed 400 days in support of Operation Iraqi Freedom.

6.  A DA Form 4187 (Personnel Action) shows the applicant was promoted to specialist (E-4) effective 1 May 2009 in duty position 21B1O.  The document also shows the applicant was not MOS qualified for the duty position.

7.  A Joint Program Office, Mine Resistant Ambush Protected Vehicle certificate shows the applicant successfully completed the course on 11 July 2009.

8.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty on 1 May 2009, was honorably released from active duty (REFRAD) on 31 March 2010, and transferred to the MSARNG.

	a.  He completed 11 months of net active service this period, including
8 months and 23 days of foreign service in Kuwait/Iraq.

	b.  Item 11 (Primary Specialty) shows MOS 88M1O (Motor Transport Operator).

9.  A DA Form 1059 (Service School Academic Evaluation Report) shows the applicant completed the MOS 21B1O course on 18 May 2010.

10.  Mississippi Military Department, The Adjutant General's Office, Jackson, MS, Orders 172-805, dated 21 June 2010, awarded the applicant primary MOS 21B1O and secondary MOS 88M1O, effective 3 June 2010.

11.  Mississippi Military Department, The Adjutant General's Office, Jackson, MS, Orders 214-1004, dated 2 August 2010, assigned the applicant to Company C, 155th Supply and Transportation Battalion, Columbia, MS, on 2 August 2010.  The orders show he was assigned in MOS 21B1O and that he was qualified for the duty position.

12.  In support of his application the applicant provides the following documents.

   a.  MSARNG, Columbia, MS, memorandum, dated 1 June 2010, that shows the Readiness Noncommissioned Officer requested an exception to policy for payment of the applicant's enlistment bonus.  He indicated that the recruiter had submitted the wrong NGB Form 600-7-6-R-E; however, the correct edition of the form was completed, but not entered into the system.  He explained the applicant did not become MOS qualified within the initial 24 months due to the requirement to complete the Warrior Transition Course followed by his deployment to Iraq.

   b.  NGB, Arlington, VA, memorandum, dated 29 July 2010, that shows the Chief, Education, Incentives, and Employment Division, NGB, could not approve the request for exception to policy.  She noted the applicant was offered a $15,000 PSEB at the time of his enlistment; however, he failed to complete AIT within the 24-month timeframe after enlistment.  As a result, he was ineligible to retain the enlistment incentive.

   c.  Joint Force Headquarters, Mississippi National Guard, The Adjutant General's Office, Jackson, MS, memorandum, dated 9 November 2010, and a Manual Control Number (MCN) Request, that show the Deputy Chief of Staff, Personnel, requested an exception to policy for the applicant's PSEB.  He explained that the applicant completed the Warrior Transition Course, deployed to Iraq from 1 May 2009 through 31 March 2010, and then completed the course for MOS 21B.  He noted that had the applicant not been deployed, he would have become MOS qualified within 24 months from the date of his contract.

   d.  NGB, Arlington, VA, memorandum, dated 13 January 2011, that shows the Chief, Education, Incentives, and Employment Division, NGB, denied the MSARNG request for an exception to policy for an MCN pertaining to the applicant's PSEB.  She noted the MCN was to be submitted by 30 September 2010; however, it was not received until 30 November 2010.

13.  Title 37, United States Code, section 308i (Special pay:  PSEB) provides, in pertinent part, that a person who is a former enlisted member of an Armed Force who enlists in the Selected Reserve of the Ready Reserve of an Armed Force for a period of 3 or 6 years in a critical military skill designated for such a bonus by the Secretary concerned is eligible for a $15,000 bonus, if he or she has completed a military service obligation, but has not more than 16 years of total military service and received an honorable discharge at the conclusion of that military service obligation.

14.  NGB, Arlington, VA, memorandum, subject:  Fiscal Year 2007 Selected Reserve Incentive Program (SRIP) Policy Guidance for 10 August 2007 -
31 March 2008 (Policy Number 07-06), dated 10 August 2007, established policy to administer the ARNG SRIP.  A PSEB is offered to prior service Soldiers who have completed the military service obligation.  They must:  enlist for at least
3 years; enlist in an MTOE unit; be MOS qualified for the position into which enlisted; be enlisted in a valid, vacant position; have received a honorable discharges at the conclusion of their prior military service; must have at least a 12-month break in service; and not have previously been paid a bonus for enlistment, reenlistment, extension of an enlistment, or affiliation with a reserve component.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show he qualified for a PSEB within the initial 24-months of his enlistment and payment of the $15,000 bonus.

2.  Records show the applicant enlisted in the ARNGUS and MSARNG for a period of 6 years on 22 September 2007 and he was eligible for a PSEB based on his prior honorable active duty service in the U.S. Navy.

3.  Records show the applicant:

   a.  was ordered to IADT and he completed the required Warrior Transition Course in April 2009;

   b.  was mobilized on 1 May 2009, promoted to SPC/E-4 in MOS 21B, and deployed overseas for nearly 9 months; and

   c.  returned to his home station in April 2010 after the initial 24-month period during which he was required to become MOS qualified.

4.  The applicant became MOS qualified within 2 months after he was REFRAD.
The third-year anniversary of the applicant's enlistment was 22 September 2010.  

5.  It is clear that the applicant was prevented from attending the requisite MOS qualification course within the 24-month period due to military exigency.  He has fulfilled the requirements for payment of both the initial and final payment of the PSEB.  Therefore, as a matter of justice, it would be appropriate to correct the applicant's records to show he was authorized payment of the PSEB, as an exception to policy.

BOARD VOTE:

____X____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:

1.  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 showing he qualified for a PSEB and payment of the $15,000 bonus, as an exception to the policy requiring qualification in the contracted MOS within 
24 months of the date of his enlistment.

2.  As a result of the foregoing correction, the Defense Finance and Accounting Service shall be notified to provide the applicant payment of 100 percent of the $15,000.00 PSEB (less any taxes) he is due based upon his 6-year enlistment in the ARNG on 22 September 2007, successful completion of his MOS training on 18 May 2010, and having served beyond the third-year anniversary of his 6-year enlistment, to be paid out of 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)                                         AR20110012041



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012041



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1