IN THE CASE OF:	  

		BOARD DATE:	    8 December 2011

		DOCKET NUMBER:  AR20110014868 


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 to receive the remainder of his $20,000.00 Non-Prior Service Critical Skill (NPSCS) Bonus (50/50 payment) in the amount of $10,000.00.

2.  The applicant states he enlisted in the U.S. Army on 14 March 2008 with the assumption he would receive a $20,000.00 NPSCS Bonus to be paid as a 50/50 payment.  The first half-payment would be made upon successful completion of basic and advanced individual training.  The second half-payment of the bonus would be paid on the third-year anniversary of his enlistment in the Kentucky Army National Guard (KYARNG).  He only received the first half-payment as outlined in the contract he signed on 14 March 2008.  The second half-payment has not been approved.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 14 March 2008
* Guard Annex (Enlistment/Reenlistment Agreement – Army National Guard – Service Requirements and Methods of Fulfillment), dated 14 March 2008
* Orders 8074006, issued by the Military Entrance Processing Station (MEPS), Nashville, TN, dated 14 March 2008
* Certificate of Training for Combat Engineer Phase I for the period 6 June 2008 to 6 August 2008
* Orders 9211002, issued by MEPS-Nashville, dated 30 July 2009
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 – NPS Enlistment Bonus Addendum – Army National Guard of the United States), dated 7 August 2009
* Chief, Education, Incentives and Employment Division, NGB, memorandum, dated 26 May 2011

CONSIDERATION OF EVIDENCE:

1.  On 14 March 2008, the applicant enlisted in the KYARNG for 8 years in pay grade E-2 having no prior service.  His contract shows he elected alternate [split] training in military occupational specialty (MOS) 21B (Combat Engineer).

2.  MEPS-Nashville Orders 80074006, dated 14 March 2008, show he was ordered to initial active duty training (IADT) on 30 May 2008 for a period of approximately 9 weeks for the purpose of attending basic training at Fort Leonard Wood, MO.

3.  On 7 August 2009, he signed an NGB Annex E to DD Form 4 which states he was enlisting into a critical skill MOS under the 6x2 or 8x0 enlistment option and would receive an NPSCS Bonus (50/50 payment).

4.  Paragraph 8, Section III (Payments), shows:

	a.  he would receive a total bonus of $20,000.00;

	b.  the first bonus payment of 50 percent of the total authorized amount, less taxes, would be paid upon completion of IADT and award of the MOS for which he enlisted; and

	c.  the second and final payment of 50 percent would be paid on the 
36-month anniversary of his enlistment date and only after all requirements were met and entitlement verified and certified by the proper authority.

5.  Section  X (Certification by Service Representative) shows the entry, "I certify witnessing the reading and signing of the above agreement and the signature appearing above is that of the applicant.  I have verified the Soldier meets the eligibility requirements of National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)), paragraph 2-3, and the applicant's MOS/unit is currently eligible for an enlistment bonus."
   
6.  This form also shows bonus control number (BCN) "E0*****37KY" was issued on 7 August 2009.

7.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was ordered to IADT for the period 6 August 2009 to 25 September 2009.  He completed 1 month and 21 days of active service and his MOS is listed as 21B.

8.  On 26 May 2011, NGB denied the applicant's request for an exception to policy for an NPSCS Bonus.  The memorandum stated an ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007 (10 August 2007-31 March 2008) NPS enlistment bonus was available at the time he enlisted on 14 March 2008, but the applicant did not sign the bonus addendum until 7 August 2009.  As such, the incentive is retroactive.  On 4 March 2005, the Judge Advocate General (JAG) rendered a legal opinion which stated, "The Army may not pay bonuses retroactively absent a specific statutory grant of authority."  The applicant signed the bonus addendum after the fact; therefore, he is ineligible to retain the incentive based on this legal opinion.

9.  The NGB confirmed that the Defense Finance and Accounting Service (DFAS) paid the applicant the first half of his bonus on 25 September 2009 in the amount of $10,000.00 and the second payment of $10,000.00 was suspended due to his ineligibility.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to receive the remainder of his $20,000.00 NPSCS Bonus in the amount of $10,000.00.

2.  The available evidence confirms he enlisted in the KYARNG on 14 March 2008 for a period of 8 years and elected training in MOS 21B which was a critical skill MOS eligible for an NPSCS Bonus in the amount of $20,000.00 under the ARNG SRIP FY07 Guidance.  The $20,000.00 NPSCS was verified through the service representative.  Annex E to his DD Form 4 shows he was issued a BCN.

3.  According to the terms of the contract, his bonus was to be disbursed in two payments with the initial payment upon the completion of IADT and award of the MOS and the second payment issued on the third anniversary of his enlistment date.  The applicant completed MOS training and was released from active duty on 25 September 2009.  NGB confirmed that DFAS disbursed the first bonus payment of $10,000.00 on the same day.

4.  It is unclear why the applicant signed the bonus addendum after the date of his initial contract, but it can be presumed to be an administrative error given that he received the initial bonus payment upon completion of IADT and award of his contracted MOS.  The applicant met all of the requirements he agreed to in his NPSCS contract; therefore, he should be entitled to remaining payment of the $10,000.00 as specified in his enlistment contract.

BOARD VOTE:

___X___  ___X____  __X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and KYARNG records of the individual concerned be corrected by:

	a.  showing he enlisted for an NPSCS MOS upon his initial enlistment effective14 March 2008 in the KYARNG for an NPSCS Bonus in the amount of $20,000.00 (50/50 payment) and

	b.  paying him the final payment of the NPSCS Bonus in the amount of $10,000.00 from Army National Guard funds in accordance with his contract as a result of this correction.



      ___________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)                                         AR20110014868



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110014868



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1