IN THE CASE OF:	  

		BOARD DATE:	  31 January 2012

		DOCKET NUMBER:  AR20110013223 


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 the following incentives:

       a.  $16,000 Non-Prior Service Enlistment Bonus (NPSEB) which included a:

           (1)  $7,000 Enlistment Bonus;

           (2)  $5,000 Ship Bonus; and 

           (3)  $4,000 High Grad (Graduate) Bonus; and

      b.  $10,000 Officer Accession Bonus (OAB).

2.  He states he was told he would be entitled to his NPSEB upon completion of basic combat training (BCT) and advanced individual training (AIT); however, he never received any portion of the bonus.  

3.  He also states that while serving in his unit, he was approached by an officer recruiter who told him the Army was in need of officers and that he could become a Direct Commission Officer.  He was also told he was eligible to receive a $10,000 OAB.  

4.  He contends he was directed by his battalion commander to pursue the course of becoming an officer but was never informed that he would not receive the earned portions of his NPSEB.  

5.  He has honored his portion of the contract and completed 18 months of enlisted service.  He believes he is entitled to all bonuses under the Selected Reserve Incentive Program (SRIP) and to the $10,000 OAB.

6.  He provides:

* His enlistment contract with bonus addenda
* A DD Form 214 (Certificate of Release or Discharge from Active Duty) 
* Various education certificates 
* A copy of an exception to policy

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the U.S. Army Reserve (USAR) on 8 December 2006 in the grade of specialist/E-4 for a period of 
8 years.

2.  Item 3 (The following programs and/or incentives are my authorized entitlements) of Section IV (Service Obligation) of his Reserves Annex shows:

* MGIB (Montgomery GI Bill Kicker) - $100
* NPSEB - $7,000
* High Grad Bonus - $4,000 Four-Year College Degree or Higher
* NPSEB - $5,000 Ship
* Student Loan Repayment Program - $20,000

3.  Section III (Acknowledgement) of the DA Form 5261-R (SRIP) shows in item 7a that he was enlisting for an assignment in military occupational specialty (MOS) 38B (Civil Affairs Specialist) which was authorized by Headquarters, Department of the Army for bonus entitlement.

4.  Section IV (Obligation) of his DA Form 5261-R shows he enlisted for 
6 years in the USAR and agreed to serve his initial 6 years in a bonus unit or in a bonus MOS, unless excused for the convenience of the Government, to include normal career progression.  This section also shows he understood that he must serve satisfactorily as prescribed by USAR regulations, unless excused for the convenience of the Government.

5.  Section V (Entitlement) of the applicant's DA Form 5261-R shows that he established eligibility for a $7,000.00 enlistment bonus.  He was authorized $5,000 for agreeing to ship to training during the specified time period.  He was also authorized $4,000 for his education level.  

6.  This section also shows the applicant was to be paid an initial payment of 
50 percent of the total authorized bonus amount after receiving his high school diploma, completing AIT, and qualifying in the MOS.  Two subsequent payments of 25 percent of the total authorized bonus amount were to be paid upon successful completion of the second and fourth year of the enlistment term of service.  

7.  Item 11 (Primary Specialty) of his DD Form 214 for the period ending 
27 November 2007 shows the entry “38B1O Civil Affairs Specialist – 0 Years 
6 Months;” however, a DD Form 215 (Correction to DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 10 December 2007, amended item 11 by deleting the previous entry and adding “09B1O- 0 Years 
6 Months//Nothing Follows.”  

8.  His record does not contain any documentation to show he was officially awarded MOS 38B.

9.  On 18 March 2008, he was honorably discharged from the USAR in the rank and grade of private first class/E-3 after completing 1 year, 3 months, and 
11 days of enlisted service.  

10.  His record shows he was appointed as a Reserve Commissioned Officer of the Army under Title 10, U.S. Code, Sections 12201 and 12203 in the rank of second lieutenant (2LT) on 19 March 2008. 

11.  He provided a copy of a memorandum for exception to policy from the Deputy Director, Deputy Chief of Staff, G-1, Headquarters, U.S. Army Reserve Command (USARC).  The document states the applicant enlisted on 
8 December 2006, for 6 years and entitlement to a $7,000 NPSEB, $4,000 High Grad Bonus, and $5,000 NPSEB Ship Bonus.  He was appointed to 2LT on 
19 March 2008 and signed a Written Agreement – OAB Addendum on 24 July 2008 in area of concentration 42B (Human Resources Officer).  

12.  The USARC, Deputy Chief of Staff, also stated that the applicant was authorized to retain the $10,000 OAB and was also authorized payment of any earned portions of the $4,000 High Grad Bonus and the $5,000 NPSEB Ship Bonus.  However, he was not entitled to the $7,000 NPSEB.  

13.  A review of his records in the Military Master Pay Account from the Defense Finance and Accounting Service (DFAS) on 20 January 2012 indicated he has not received any payment issued by correction of records, and nothing had been posted to the Reserve bonus system. 

DISCUSSION AND CONCLUSIONS:

1.  A request for exception to policy from the USARC, G-1, approved the applicant to retain the $10,000 OAB and payment of any earned portions of the $4,000 High Grad Bonus and the $5,000 NPSEB Ship Bonus.  However, he was not entitled to the $7,000 NPSEB.  

2.  The evidence of record confirms he enlisted for a 6-year period and to serve in MOS 38B.  Section V of his DA Form 5261-R shows he had established eligibility for the NPSEB of $7,000.00; however,  he would be paid an initial payment of 50 percent of the total authorized bonus amount after receiving his high school diploma, completing AIT, and qualifying in the MOS.  

3.  There is no evidence and he did not provide sufficient evidence to show he was awarded MOS 38B, which was one of the requirements in his contract, nor did he complete the required time as an enlisted Soldier.  As such, the decision from the USARC, G-1, not to grant him the $7,000 NPSEB stands. 

4.  In view of the foregoing, it is recommended that DFAS conduct an audit of his pay account and that he be paid all bonuses to which entitled per guidance as outlined in the USARC, G-1, exception to policy memorandum, dated 14 June 2011.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

   a.  affirming the USARC, G-1, actions pertaining to his request for exception to policy;

   b.  having the DFAS office conduct an audit of his pay account; and 
     c.  remitting payment of all bonuses to which he is entitled in accordance with the terms of his contracts and guidance as prescribed by the USARC, G-1, exception to policy memorandum, dated 14 June 2011 if not already paid.     

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him the $7,000 NPSEB. 



      _______ _   _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)                                         AR20110013223





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ABCMR Record of Proceedings (cont)                                         AR20110013223



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