IN THE CASE OF:
BOARD DATE: 15 March 2012
DOCKET NUMBER: AR20110013549
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, in effect, that the National Guard Bureau's (NGB) decision to deny him payment of his Non-Prior Service Enlistment Bonus (NPSEB) be overturned.
2. The applicant states he was issued a false bonus control number (BCN) on his enlistment contract and he was advised of a $10,000.00 bonus upon signing.
3. The applicant provides:
* his enlistment contract consisting of his DD Form 4 (Enlistment/
Reenlistment Document Armed Forces of the United States) and allied documents
* DA Form 1559 (Inspector General Action Request)
* memorandum, NGB, Arlington, VA, dated 19 April 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 326-3073, Headquarters, U.S. Army Maneuver Center of Excellence, Fort Benning, GA, dated 22 November 2009
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 NPSEB Addendum Army National Guard (ARNG))
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Texas ARNG (TXARNG) on 1 May 2009 in the rank/grade of private first class/E-3 for a period of 6 years. His DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows he contracted to be trained in and serve in military occupational specialty (MOS) 11B (Infantryman).
2. In connection with his enlistment, he signed an NGB Form 600-7-1-R-E. This form shows he contracted for a $10,000.00 NPSEB, payable in three installments, based on his agreement to become duty-MOS qualified in a critical skill (MOS 11B). Although this addendum lacks either an enlisting official or service representative's signature, a BCN is annotated at the top of each of the document's six pages.
3. Orders 326-3073, Headquarters, U.S. Army Maneuver Center of Excellence, dated 22 November 2009, awarded him MOS 11B as his primary MOS upon completion of his MOS training.
4. The applicant was denied the initial payment of his NPSEB.
5. The TXARNG requested an exception to policy from NGB for the applicant to gain eligibility for his NPSEB.
6. On 19 April 2010, NGB denied the TXARNG's request. In its denial memorandum, the Chief, Education, Incentives, and Employment Division, stated the applicant did not enlist in a TXARNG critical skill and was issued an invalid BCN. The NGB official further stated that upon review of all substantiating documentation, the applicant did not meet the eligibility criteria for the NPSEB for critical skills; therefore, he was ineligible for the incentive.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for payment of his NPSEB was carefully considered; however, there is an insufficient basis to grant the requested relief.
2. The applicant enlisted for a NPSEB in the amount of $10,000.00; however, according to NGB, the MOS in which he enlisted was not a critical skill and was ineligible for classification as a bonus MOS.
3. Regrettably, the applicant contracted for an invalid bonus. Accordingly, he maintains the option to request termination of his contract with discharge from the TXARNG and transfer to the Individual Ready Reserve (IRR). Should he choose to remain in the TXARNG, he remains ineligible for this NPSEB.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X ___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20100024747
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