BOARD DATE:	  29 November 2011

		DOCKET NUMBER:  AR20110014227 


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 his $20,000 enlistment bonus that was executed on 23 March 2008 in the Puerto Rico Army National Guard (PRARNG).

2.  The applicant states he signed a contract for a $20,000.00 bonus at the time of his enlistment.  His contract stipulated he would receive the first half of his bonus upon completion of initial active duty training and award of a military occupational specialty (MOS) and the second half on his third anniversary.  Upon completion of IADT, he was told that the unit he enlisted for was a non-deploying unit and was not authorized a bonus.  He feels this is unfair because he was promised a bonus in exchange of his service.  

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 1966 (Enlistment/Reenlistment Agreement)
* Enlistment Bonus Addendum

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the PRARNG on 23 March 2008 for a period of 8 years in the rank/grade of private (PV2)/E-2.  In connection with this enlistment he signed an Enlistment/Reenlistment Agreement in the ARNG which shows he enlisted under Program "E (Enlistment)" in MOS 92A (Automated Logistical Specialist).
2.  Also in connection with the applicant's enlistment, he and his recruiter signed Annex E (Non-Prior Service (NPS) Enlistment Bonus Addendum) to his 
DD Form 4.  This form shows in:

	a.  Section II (Eligibility), paragraph 7, the entry "I am enlisting into a CRITICAL SKILL MOS under the 6X2 or 8X0 enlistment option and will receive a NPS Critical Skill Bonus (50/50)." 

	b.  Section III (Payments), paragraph 1, the entry "I will receive a total bonus of $20,000.00 for the enlistment bonus option above, less taxes."

	c.  Section III, paragraph 2, the entry "I will receive my first bonus payment of 50% of the total authorized amount entered above, less taxes, when I complete IADT and I am awarded the MOS for which I enlisted." 

	d.  Section III, paragraph 3, "The second and final payment of 50% will be paid on the 36th-month anniversary of my date of enlistment."  

	e.  Section V (Termination Without Recoupment), paragraph 3, "I understand that I will be terminated from bonus eligibility, without recoupment, if I accept a Title 10 or Title 32 AGR (Active Guard Reserve) tour and on the effective date of my orders have served at least 6 months of the incentive contract term."

3.   On 10 September 2008, he entered IADT.  He completed basic combat training and AIT and he was awarded MOS 92A1O.  He was released from IADT on 21 February 2009 to the control of his ARNG unit.

4.  On 1 September 2009, he transferred to the Alaska Army National Guard.

5.  On 24 September 2009, he voluntarily accepted a Title 32 AGR position and he was ordered to Full Time National Guard duty (FTNGD) in the State of Alaska. He was assigned to the 49th Missile Defense Battalion, Fort Greely, AK.

6.  During the processing of this case, an advisory opinion was obtained on 16 August 2011, from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  The advisory official recommended approval of the applicant's request and stated:

	a.  The applicant enlisted for the $20,000 NPS bonus with an understanding he would receive 50% of the bonus upon completion of IADT and the other 50% on his 36-month anniversary.  The PRARNG confirmed that he enlisted for a critical MOS and he was assigned to a TDA (Table of Distribution and Allowances) unit.  As this was a non-deploying unit, it was not authorized a bonus.  

	b.  Nevertheless, the error of assigning him to a TDA unit was not his.  He should have received his first half of the bonus.  As for the second half, he negated his entitlement to the second half when he accepted an AGR position on 1 September 2009.  

7.  He did not respond to the advisory opinion.

8.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs (SRIP)), 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 enlisted for a $20,000 NPS bonus with a stipulation he would receive 50% of the bonus upon completion of IADT and award of an MOS and the other 50% on his 36-month anniversary.  He fulfilled the requirement for the first 50% in that he completed IADT and he was awarded MOS 92A.  For unknown reasons, he was assigned to a TDA unit that was not authorized a bonus for this MOS.  However, this error of assigning him to a TDA unit was not his fault and he should not be penalized for the error.  He fulfilled his contractual agreement by completing IADT and holding the MOS.  He should be entitled to payment of the first half of his bonus.  

2.  As for the second half, the applicant accepted a Title 32 AGR position on 1 September 2009.  As stipulated in his enlistment contract, he understood he would be terminated from bonus eligibility, without recoupment, if he accepted a Title 10 or Title 32 AGR tour and on the effective date of his orders had served at least 6 months of the incentive contract.  He is no longer eligible for the second half of the enlistment bonus.






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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* showing he received a valid bonus control number upon enlistment in the PRARNG for the enlistment bonus in the amount of $20,000.00
* showing he is eligible for payment of the first half of his bonus in accordance with the terms of his enlistment contract; and
* paying him, out of ARNG funds, the first half of his bonus as specified in his enlistment contract, less taxes

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 full amount of the bonus.



      _______ _ 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)                                         AR20110014227



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ABCMR Record of Proceedings (cont)                                         AR20110014227



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