IN THE CASE OF:
BOARD DATE: 19 January 2012
DOCKET NUMBER: AR20110012772
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 the Louisiana Army National Guard (LAARNG) honor his Selective Reserve Incentive Program (SRIP) bonus of $15,000.00.
2. The applicant states he enlisted for the SRIP and has fulfilled his part of the enlistment contract, and the LAARNG should fulfill its part.
3. The applicant provides:
* National Guard Bureau (NGB) memorandum, dated 14 March 2011, denying his request for an exception to policy to receive the bonus
* Congressional correspondence to his United States Senator
* NGB Form 600-7-6-R-E (Annex X to DD Form 4 Prior Service Enlistment Bonus Addendum)
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing Armed Forces of the United States)
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests same as above
2. Counsel states:
* the applicant was verified for the $15,000.00 SRIP and enlisted for same
* after he was paid the first of two equal installments, he was denied the second and informed the first installment would be recouped
* the bonus was a major inducement for the applicant to join the Guard
3. Counsel provides same as above.
CONSIDERATION OF EVIDENCE:
1. With prior service, the applicant, on 20 February 2008, enlisted in the LAARNG for 6 years in military occupational specialty (MOS) 11B (infantry). As part of his enlistment, he and the LAARNG executed NGB Form 600-7-6-R-E authorizing him a $15,000.00 SRIP bonus.
2. The applicant received a bonus payment of $7,500.00 upon enlistment, with a promise of $7,500 after 3 years. He did not receive the second half of his bonus and, instead, was told the Government would recall the bonus.
3. On 14 March 2011, the Chief, Education, Incentives and Employment Division, NGB, notified the applicant his enlistment contract was incorrect because he did not qualify for a bonus and would have to return the first installment. The notification stated:
a. In accordance with the ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2008, 10 August 2007 28 February 2009 (Policy Number 07-06), and the Critical Skill List, dated 19 February 2008, a $15,000.00 Prior Service Critical Skill Enlistment Bonus was offered at the time of the applicant's enlistment. However, he enlisted non duty-MOSQ[ualified] into MOS 11B which was not a critical MOS at the time.
b. It acknowledged that an error had been committed in the applicant's enlistment process, but offered no remedy for the applicant other than to "ensure all elements responsible for incentive processing are properly trained."
4. The applicant appealed the NGB decision to deny the bonus and to recoup that portion already paid. His appeal was denied despite his arguing that breaching a legal binding contract is not consistent with controlling law and regulation, and he feels he is being punished for another person's mistake. He added he has fulfilled all his requirements set forth in his contract to receive the bonus and has not personally done anything to be undeserving of his bonus.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be allowed to keep the first portion of the SRIP bonus and paid the second installment of the bonus in the amount of $7,500.00 per his enlistment contract.
2. The evidence confirms he enlisted in the LAARNG in February 2008 for a $15,000.00 SRIP bonus (paid in two 50% installments) after he was determined eligible for the bonus by the LAARNG. He received his first installment of $7,500.00 upon his enlistment. The second and final installment of 50% would be processed for payment on the third-year anniversary of his enlistment. It appears a government error was made when Army officials initially informed him he was eligible for the bonus since his MOS was not on the Critical MOS List at the time of his enlistment.
3. The applicant has fulfilled the requirements of his enlistment contract and did absolutely nothing wrong. In view of the facts of this case and in the interest of equity and justice, it would be appropriate to correct his records and remit payment to him in the amount of $7,500.00.
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 and Army National Guard records of the individual concerned be corrected by showing he was eligible for the SRIP critical skill enlistment bonus of $15,000.00 and paying him the bonus due in accordance with the enlistment contract and bonus addendum agreement entered into at the time of his 2008 enlistment in the ARNG, and reimbursement of any amount of
the bonus that may have been previously recouped. Payment of this bonus should come from Army National Guard 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) AR20110012772
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20110012772
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110010455
The applicant requests he be paid the second installment of his prior service enlistment bonus (PSEB) ($7,500.00) in accordance with his enlistment contract. In December 2010, he was told the previous State Incentive Manager had made a mistake by awarding his MOS a bonus and he was going to have to pay back the first installment of his bonus and he would not receive the second installment of his bonus. The 5 April 2011 NGB memorandum points out: * A $15,000.00 PSEB for a critical skill was...
ARMY | BCMR | CY2012 | 20120003823
On 10 January 2012, by memorandum in response to his request for an exception to policy to be paid the PSEB, a National Guard Bureau (NGB) official denied the request and stated: * In accordance with the ARNG SRIP eligible applicants were offered the PSEB * He enlisted in the MOARNG as MOSQ 11B * He completed the PSEB addendum and the bonus control number were accomplished after his enlistment * NGR 600-7 (Selective Reserve Incentive Programs) requires the addendum to be completed at the...
ARMY | BCMR | CY2013 | 20130003041
In connection with his enlistment, he completed a PSEB Addendum which states: "Upon my enlistment in the ARNG, I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria:" * I have completed not more than 16 years of total military service * I am qualified in and hold the primary MOS for which I am enlisting and hold the rank/grade of the required grade of the position * I am not enlisting into an excess position or a Title 10 or Title 32...
ARMY | BCMR | CY2012 | 20120007129
The applicant provides a: * PSEB exception to policy request * National Guard Bureau (NGB) denial letter * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * NGB Form 600-7-6-R-E (Annex X to DD Form 4 (PSEB Addendum ARNG of the United States)) * NGB Form 21 (Annex A to DD Form 4 (Enlistment/Reenlistment Agreement - ARNG)) * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Student Loan Repayment Program Addendum - ARNG)) * NGB Form 590 (Statement of Understanding...
ARMY | BCMR | CY2014 | 20140000826
The applicant provides: * request for exception to policy, dated 23 October 2013 * duplicate DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) * notification of exception to policy request determination, dated 19 December 2013 * request for relief from recoupment of incentive, dated 19 December 2013 * Army National Guard (ARNG) Personnel Intranet information CONSIDERATION OF EVIDENCE: 1. On 23 October 2013, the NGB notified...
ARMY | BCMR | CY2012 | 20120022769
He was assured by his recruiter that would receive a $15,000.00 PSEB for enlisting in the Florida Army National Guard (FLARNG). The applicant provides copies of his: * marriage certificate * power of attorney * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * NGB Form 600-7-R-E (Annex X to DD Form 4 PSEB Addendum Army National Guard of the United States) * DA Form 2823 (Sworn Statement), dated 26 March 2012 * NGB memorandum, dated 23 June 2012, subject:...
ARMY | BCMR | CY2012 | 20120006567
The applicant provides: * Enlistment waiver, dated 17 February 2009 * Enlistment contract CONSIDERATION OF EVIDENCE: 1. He received the first installment ($7,500.00) of his bonus upon his enlistment in the WIARNG. The governing regulation states to receive the PSEB an applicant must have received an honorable discharge at the conclusion of his or her last period of service.
ARMY | BCMR | CY2014 | 20140003377
The applicant requests, in effect, correction of his military records to show his entitlement to a $7,500.00 Prior Service Enlistment Bonus (PSEB) vice a $10,000.00 Enlistment Affiliation Bonus (EAFB) and cancellation of the recoupment payment of $3,750.00. The advisory opinion further stated: * The applicant enlisted in the CAARNG on 12 February 2007 and he signed a $10,000.00 EAFB addendum * He was not eligible to receive the bonus because he did not transition from active duty and had...
ARMY | BCMR | CY2011 | 20110016890
The applicant requests, in effect, correction of his records to show he is entitled to the 6-year Prior Service Enlistment Bonus (PSEB) he contracted for at the time of his enlistment, and to stop the recoupment of his initial bonus payment of $7500.00. The applicant states: * he enlisted in the Minnesota Army National Guard (MNARNG) on 21 March 2008 * due to no fault of his own, he was granted a $15,000.00, 6-year PSEB, for military occupational specialty (MOS) 35F (Intelligence Analyst) *...
ARMY | BCMR | CY2012 | 20120012589
The applicant requests payment of a $15,000.00 reenlistment/extension bonus (REB). The applicant provides: * An REB ETP request * The NGB denial letter * DA Form 4836 (Oath of Extension or Enlistment or Reenlistment), dated 28 April 2006 * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 (Reenlistment/Extension Bonus Addendum ARNG of the United States) CONSIDERATION OF EVIDENCE: 1. He informed the MNARNG State Incentive Manager that the applicant extended her enlistment on 28...