IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110014775
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, reversal of the National Guard Bureau's (NGB) denial of the Missouri Army National Guard's (MOARNG) request for exception to policy for a non-prior service enlistment bonus, which would allow him to receive a manual control number (MCN) for bonus payment.
2. The applicant states:
* his enlistment was normal he signed a Selected Reserve Incentive Program (SRIP) bonus addendum; however, the iMARC (Information Management and Reporting Center) Program was experiencing problems
* he then shipped to training upon his return from training, he waited for his bonus to be paid but it never was
* he was instructed to request an exception to policy to get his bonus paid
* one month later, his request for exception to policy was denied
3. The applicant provides:
* memorandum, NGB, dated 25 May 2011
* memorandum, Joint Forces Headquarters, MOARNG, dated 27 April 2011
* self-authored statement
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment Contract Armed Forces of the United States), Non-Prior Service Enlistment Bonus Addendum Army National Guard) (6 pages)
* DD Form 4
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the MOARNG on 24 August 2010, for a period of
8 years, in the rank/grade of private (PVT)/E-1.
2. In connection with his enlistment, he and his recruiter signed an NGB Form 600-7-1-R-E. This form shows he was contracted for a $5000.00 enlistment bonus, payable in two installments. Signatures are affixed to the last page of this addendum; however, due to administrative error, the form lacks an iMARC-approved Bonus Control Number (BCN)
3. On 6 September 2010, he entered Initial Active Duty for Training (IADT). He completed training and was awarded military occupational specialty 25U (Signal Support Systems Specialist). He was released from IADT on 31 March 2011 to the control of his ARNG unit.
4. Orders 094-274, Joint Forces Headquarters, MOARNG, dated 4 April 2011, awarded him the primary MOS of 25U1O, effective 30 March 2011.
5. On 27 April 2011, on behalf of the applicant, the Joint Forces Headquarters, MOARNG, requested from NGB an exception to policy for an MCN related to his bonus addendum. In their request memorandum, the requesting official stated, "This Soldier has met all of his contractual agreements and continues to serve satisfactorily." On 25 May 2011, NGB denied the MOARNG request.
6. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), 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 non-prior service enlistment bonus, in the amount of $5,000.00. Due to administrative error, his bonus addendum did not contain a BCN. He fulfilled his contractual agreement by completing IADT; however, he has not been paid the first installment of his bonus.
2. He met all of the requirements he agreed to on his enlistment bonus addendum contract and continues to satisfactorily serve in the MOARNG. He should not be penalized because of administrative or system errors. Therefore, he should be entitled to receive payment for his enlistment 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 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 MOARNG for the enlistment bonus in the amount of $5,000.00
* showing he is eligible for payment of the bonus in accordance with the terms of his enlistment contract
* paying him, out of ARNG funds, the remaining portion of his bonus as specified in his enlistment contract, less taxes
________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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ABCMR Record of Proceedings (cont) AR20110014775
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