IN THE CASE OF:	  

		BOARD DATE:	  10 November 2011

		DOCKET NUMBER:  AR20110016890


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, correction of his records to show he is entitled to the 6-year Prior Service Enlistment Bonus (PSEB) he contracted for at the time of his enlistment, and to stop the recoupment of his initial bonus payment of $7500.00.

2.  The applicant states:

* he enlisted in the Minnesota Army National Guard (MNARNG) on           21 March 2008
* due to no fault of his own, he was granted a $15,000.00, 6-year PSEB, for military occupational specialty (MOS) 35F (Intelligence Analyst)
* his bonus was erroneously granted as a PSEB critical skill bonus when it should have been granted as a 6-year PSEB critical unit bonus
* his bonus addendum to his contract was incorrectly completed by his recruiter
* he received an initial bonus payment of $7500.00 on 15 August 2009, following completion of MOS 35F schooling
* the second installment of his bonus was to be paid on the third anniversary of his reenlistment
* on 14 April 2011, it was determined the bonus was erroneously granted and previous payments would be recouped
* due to no fault of his own, he acquired a $7500.00 debt to the U.S. for a mistake made by his recruiter, which doesn't seem fair to him


3.  The applicant provides:

* Memorandum, National Guard Bureau (NGB), dated 20 June 2011
* Memorandum, Intelligence and Sustainment Company (Bravo Company), Headquarters and Headquarters Battalion, 34th Infantry Division, MNARNG, dated 25 April 2011
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* NGB Form 21 (Annex A to DD Form 4 – Enlistment/Reenlistment Agreement – Army National Guard)
* NGB Form 600-7-6-R-E (Annex X to DD Form 4 – PSEB Addendum – Army National Guard of the United States)
* iMARC (Information Management and Reporting Center) Program notes
* E-mail from the Federal Incentives Manager, Joint Force Headquarters – Minnesota, MNARNG, dated 14 April 2011
* Self-authored statement

CONSIDERATION OF EVIDENCE:

1.  Following prior service in the Regular Army and U.S. Army Reserve, the applicant enlisted in the MNARNG on 21 March 2008, for a period of 6 years, in the rank/grade of specialist (SPC)/E-4.  

2.  In connection with his enlistment, he and his recruiter signed an NGB Form 600-7-1-R-E.  This form shows he contracted for a $15,000.00 enlistment bonus, payable in two 50 percent (%) installments, based on his agreement to become duty-MOS qualified (DMOSQ) in a critical skill (MOS 35F).  Signatures were affixed to the last page of this addendum and the form contains an iMARC-approved Bonus Control Number (BCN).   

3.   On 15 August 2009, he completed the last phase of the MOS 35F qualification course.  Orders 237-1006, Joint Force Headquarters – Minnesota, MNARNG, dated 25 August 2009, awarded him MOS 35F as his primary MOS.

4.  An entry in the iMARC Program notes shows that the request for initial payment of the applicant's bonus, in the amount of $7500.00, was sent to the U.S. Property and Fiscal Office (USPFO) for the State of Minnesota on              28 August 2009.

5.  On 14 April 2011, the MNARNG Federal Incentives Manager e-mailed members of the MNARNG, informing them that the applicant had been identified for the recoupment of his PSEB.  As justification for this action, the Federal Incentives Manager further stated:

* Select Reserve Incentive Program (SRIP) Policy 07-06, effective             10 August 2007 through 28 February 2009, outlined PSEB options
* the policy required a Soldier to be DMOSQ at the time of enlistment, or to enlist in a critical skill in order to be authorized to receive the 6-year PSEB
* the applicant entered into a bonus contract on 21 March 2008
* since he was non-DMOSQ, he was required to enlist in a critical skill
* he enlisted in MOS 35F, which was not a critical skill at the time of his enlistment
* since he did not enlist in a critical skill, he was subject to recoupment of any bonus payments previously paid

6.  On 25 April 2011, the applicant's immediate commander requested from the Joint Forces Headquarters, MNARNG, an exception to policy for the applicant to gain eligibility for the remaining $7500.00 of his PSEB.  In her memorandum, the applicant's commander stated that his bonus addendum was incorrectly completed for a critical skill and should have been based on his enlistment into a critical unit.  The request was forwarded to NGB for consideration.  On 20 June 2011, NGB denied the MNARNG request.  In its denial memorandum, the NGB Chief, Education, Incentives, and Employment Division, stated the Soldier did not enlist DMOSQ, nor did he enlist into a State of Minnesota Top Thirty Critical Skills; therefore, his bonus addendum was erroneous and the applicant is ineligible to retain the incentive.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for a PSEB, in the amount of $15,000.00.  Due to administrative error, his bonus addendum was completed based on his non-DMOSQ enlistment into MOS 35F, when it should have been based on his enlistment into a critical unit.    

2.  Nevertheless, he met all of the requirements he agreed to on his enlistment bonus addendum contract and continues to satisfactorily serve in the MNARNG.  His recruiter, acting on behalf of the MNARNG, had a responsibility to ensure the accuracy of the forms and the applicant's entitlement to the bonus program for which he was enlisting.  The applicant should not be penalized because of execution and oversight errors on the part of the MNARNG.  Additionally, the applicant should not be subject to recoupment for the initial PSEB payment and he should be entitled to receive payment for the remaining portion of his PSEB. 


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 contracted for a 6-year Prior Service Enlistment Bonus, based on his enlistment in a critical unit
* 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)                                         AR20110016890



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