IN THE CASE OF:	

		BOARD DATE:	  15 September 2011

		DOCKET NUMBER:  AR20110012514 


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 his Prior Service (PS) enlistment bonus which was agreed upon when he enlisted in the Arizona Army National Guard (AZARNG) be assigned a manual bonus control number and paid according to his contract.

2.  The applicant states he believes he was given an incorrect bonus control number which is preventing him from receiving his bonus.

3.  The applicant provides:

* pages 1 and 2 of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 26 February 2010
* a DA Form 5691-R (Request for Reserve Component Assignment Orders), dated 26 February 2010
* a DA Form 5690-R (Reserve Components Career Counselor Interview Record), dated 26 February 2010
* an NGB Form 600-7-6-R-E (Annex X to DD Form 4 - Prior Service Enlistment Bonus Addendum - Army National Guard of the United States (ARNGUS)), dated 26 February 2010
* an email, subject:  (Applicant's name), dated 4 October 2010
* four memoranda dated between 9 January and 3 May 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army (RA) on 24 January 2007.  He completed training and he was awarded military occupational specialty (MOS) 88M (motor transport operator).  Prior to his release from active duty, he enlisted in the ARNGUS on 26 February 2010 for a period of 6 years.  After completing
3 years, 4 months, and 6 days of creditable active service in the RA he was transferred to a unit in the AZARNG.  The highest rank/grade he attained while in the RA was specialist (SPC)/E-4.

2.  In connection with the applicant's enlistment in the AZARNG, he and his recruiter signed Annex X to his DD Form 4.  This form shows in:

	a.  Section II (Eligibility), paragraph 1, the entry “I have completed not more than 16 years of total military service upon enlistment in the ARNGUS (computed from adjusted PEBD upon enlistment) and have not previously received a
PS enlistment bonus.”

	b.  Section III (Bonus Amount and Payments), paragraph 1, the entry “I will receive a total bonus in the amount indicated below.”  Paragraph 1a, states “I will receive a total bonus payment in the amount of $15,000.00 less taxes for a
6-year enlistment in the Critical UIC/Skill WYC7E0/88M.  I certify that I am enlisting in a valid, vacant position as described in Section II.  Bonus payments will be processed in three installments.  First 50% will be processed on the effective date of this contract.  The second 20% installment will be processed on the third year anniversary, and the final 30% will be processed on the sixth year anniversary.”

	c.  Section IX (Certification by Service Representative), is authenticated by the signature of the enlisting official and service representative on 26 February 2010.  A Bonus Control Number “5587138” is listed.
 
3.  The applicant’s record contains Orders 045-706, issued by Joint Force Headquarters - Arizona, which shows the applicant was transferred from the AZARNG to the Missouri ARNG (MOARNG) on 11 August 2010.

4.  On 21 April 2011, the Director of Manpower and Personnel, MOARNG, requested an Exception to Policy (ETP) from the National Guard Bureau (NGB) for issuance of a manual bonus control number on behalf of the applicant.  The request further stated the applicant had met all of his contractual agreements and continued to serve satisfactorily.

5.  On 3 May 2011, the Chief, Education, Incentives and Employment Division, NGB, denied the applicant’s request for an ETP to allow him to receive the $15,000.00 PS bonus.  The NGB’s response stated “upon review of substantiating documentation, it is noted that the request for a manual control number was received after the suspense date; therefore, he is ineligible for the incentive and bonus control number.”  The memorandum further stated the applicant could file a claim with the Army Board of Correction for Military Records if he believed an error or injustice existed. 

6.  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 he should be paid a $15,000.00 PS Enlistment Bonus promised him when he enlisted in the AZARNG was carefully considered and found to have merit.

2.  The applicant enlisted under the PS Enlistment Bonus Program for a total bonus of $15,000.00 in MOS 88M 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 PS Enlistment Bonus in conjunction with this enlistment and that this commitment was documented in the enlistment documents prepared.

3.  Evidence shows that the applicant fulfilled the requirements of his enlistment contract and upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the enlistment bonus according to the parameters of his 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 Department of the Army records of the individual concerned be corrected by:

	a.  showing he received a valid bonus control number upon enlistment in the AZARNG for his Prior Service Enlistment Bonus in the amount of $15,000.00;

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

	c.  paying him, out of Army National Guard funds, his bonus as specified in his 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)                                         AR20110012514



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ABCMR Record of Proceedings (cont)                                         AR20110012514



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