BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012891
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 a prior-service enlistment bonus (PSEB).
2. The applicant states the paperwork was given to the appropriate personnel twice before the bonus control number expired on 30 September 2010. He was led to believe in both instances the process was in motion when in reality no input was made into the system. His contract shows he was promised a $7,500 PSEB provided he remained in military occupational specialty (MOS) 88M (Motor Transport Operator) and he believes he met all of the requirements in his contract.
3. 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) and allied documents
* DA Form 7249-R (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transitioning into the Army National Guard (ARNG))
* DA Form 5435-R (Statement of Understanding the Selected Reserve Montgomery GI Bill)
* Annex X to DD Form 4 (PSEB Addendum ARNG of the United States)
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 20 July 2006 and held MOS 88M. He served in Kuwait/Iraq from 14 July 2008 to 3 October 2009. He was honorably released from active duty on 29 January 2010 and transferred to an ARNG unit.
2. Prior to his release from active duty, he executed an enlistment in the South Carolina ARNG (SCARNG) for 4 years, 4 months, and 28 days on 13 October 2009 (later amended to show 30 January 2010). He agreed that upon completion of his active service, he would be assigned to the 351st Aviation Battalion, Hartsville, SC, in MOS 88M.
3. In connection with this enlistment he and his recruiter signed various allied documents, including Annex X to his DD Form 4, and he was issued bonus control number 5XXXXX5. Annex X shows the following entries:
* I am qualified in the primary MOS for which I am enlisting and hold the rank and grade of the required grade of the position
* I will receive a total bonus payment in the amount of $7,500 less taxes for a 3-year enlistment in the critical Unit Identification Code (UIC)/Skill 88M
* I certify that I am enlisting in a valid, vacant position
* Bonus payments will be processed in three installments, first 50% on the effective date, second installment of 20% on the second anniversary, and final installment of 30% will be processed on the third anniversary
4. On 9 February 2011, by memorandum to the NGB, the SCARNG Deputy Chief of Staff, G-1, requested an exception to policy for payment of the bonus. He stated the applicant's recruiter did not forward the contract to be entered into the Information Management and Reporting Center.
5. On 28 February 2011, an NGB official denied the applicant's request because the manual control number was not submitted by the deadline of 30 September 2010.
6. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, states 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.
7. Title 37, U.S. Code, section 308i(a)(2)(A), in effect at the time, stated a person who is a former enlisted member of an armed force who enlists in the Selected Reserve for a period of 3 or 6 years in a critical military skill designated for a PSEB maybe paid such a bonus only if the person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record confirms the applicant enlisted as an 88M into the 351st Aviation Battalion for 4 years, 4 months, and 28 days. He was MOS qualified at the time of enlistment and he was issued a bonus control number. His $7,500 enlistment bonus was verified through the State Incentive Manager who issued the bonus control number. His recruiter annotated the annexes to his enlistment contract with the bonus control number but he did not forward the contract on time.
2. It is evident that some errors were committed in the processing of his enlistment and that none of this was his fault. He enlisted in good faith and continues to serve the terms of his enlistment. He should not be penalized for errors committed by recruiting officials, State Incentive Manager, or the NGB. He met all of the requirements he agreed to on his PSEB 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 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 State Army National Guard records of the individual concerned be corrected to show he:
* enlisted for a critical skill and received a valid bonus control number upon enlistment in the SCARNG for a PSEB in the amount of $7,500
* the request for a manual control number was submitted to the NGB prior to 30 September 2010
* is eligible to be paid the bonus as specified in his enlistment contract
__________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) AR20110012891
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