IN THE CASE OF:	  

		BOARD DATE:	  17 April 2012

		DOCKET NUMBER:  AR20110018855 


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 correction of his enlistment contract to show he was authorized a $10,000.00 enlistment bonus and the Montgomery GI Bill (MGIB) kicker.

2.  The applicant states he met the requirements to be entitled to receive the enlistment bonus and the kicker at the time of his enlistment.  However, due to an administrative oversight at the Military Entrance Processing Station (MEPS), it was erroneously left off his enlistment contract.

3.  The applicant provides:

* Self-authored letter
* Memorandum from the commander of the South Dakota Army National Guard (SDARNG), Recruiting and Retention Battalion
* Request for an exception to policy by the Recruiting and Retention command sergeant major (CSM)
* Request for exception to policy from the SDARNG Education Services Officer
* SDMEPS Form 11-R (Applicant Information)
* Memorandum from the Sioux Falls MEPS Guidance Counselor to the Recruiting and Retention CSM
* National Guard Bureau (NGB) denial of exception to policy
* ARNG Selected Reserve Incentive Program (SRIP) Guidance
* DD Form 4 (Enlistment/Reenlistment Document)
* 
DD Form 1966 (Record of Military Processing)
* Annex E to DD Form 4 (Non-Prior Service (NPS) Enlistment Bonus Addendum – ARNG)
* 842nd Engineer Company Unit Manning Report (UMR)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the SDARNG at the Sioux Falls MEPS for a period of 8 years on 30 March 2010.  In connection with this enlistment, he and/or his recruiter signed various allied documents as follows:

	a.  SDMEPS Form 11-R that shows he disclosed his personal information in the processing of his enlistment.  This form shows he enlisted for military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator) for a term of enlistment of 6x2 (6 years in the Selected Reserve and 2 years in the Individual Ready Reserve), for assignment to the 842nd Engineer Company (Horizontal).  This form also shows this MOS and this unit was authorized a $10,000.00 enlistment bonus and a $200.00 monthly MGIB kicker.  Additionally, although this form contains a vacancy control number, it does not list an enlistment bonus or a kicker control number. 

	b.  A DD Form 1966/3 that shows, in item 32a (Specific Option/Program Enlisted For), he enlisted for assignment to Detachment 1, 842nd Engineer Company (Horizontal), under the 6x2 option.

	c.  Guard Annex (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment) that shows he enlisted for assignment into the 842nd Engineer Company under the split-option program.

2.  His record shows he completed basic combat training at Fort Sill, OK from 13 June to 28 August 2010.

3.  He entered active duty for training (ADT) on 9 June 2011 and he successfully completed training for and he was awarded MOS 12N (Horizontal Construction Engineer) (MOS 21E was converted to 12N in October 2010).  He was honorably released from ADT on 23 August 2011 to the control of his ARNG unit (842nd Engineer Company (Horizontal)).

4.  On 20 September 2011, he was ordered to active duty as a member of his ARNG unit in support of Operation Enduring Freedom and he subsequently deployed to Afghanistan on or about 4 November 2011.

5.  Meanwhile, subsequent to the applicant’s enlistment, the Sioux Falls MEPS Guidance Counselor requested assistance from the SDARNG Recruiting and Retention CSM regarding the applicant’s enlistment bonus.  The counselor acknowledged his office failed to include the Bonus Annex with the enlistment documents.

6.  On 10 June 2011, the SDARNG Recruiting and Retention CSM submitted a request for an exception to policy to the NGB’s Education, Incentives, and Employment Division.  The CSM stated he personally verified the applicant was informed by his recruiter that he would be paid the $10,000.00 enlistment bonus and the monthly $200.00 MGIB kicker.  He met the eligibility for both incentives.  However, due to the recruiter’s and MEPS’ administrative oversight, the Bonus Annex was not submitted with the enlistment documents.

7.  The Chief, NGB, Education, Incentives, and Employment Division denied the request.  The official stated:

	a.  In accordance with the ARNG SRIP guidance at the time of the applicant’s enlistment, he enlisted into the critical MOS of 12N.  However, he did not sign the NPS Enlistment Bonus Addendum.

	b.  According to Department of Defense Instruction (DODI) 1205.21, paragraph 6.2, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.

	c.  An approved bonus control number or mention of the incentive on the
DD Form 1966 does not substitute for the written bonus agreement that is a requirement for authorization and payment of a bonus.  Upon review of the substantiating documentation, it has been determined that the applicant is ineligible for payment of the enlistment bonus.

8.  On 31 August 2011, the SDARNG Recruiting and Retention Battalion Commander submitted a memorandum with the applicant’s request to this Board reiterating the applicant’s entitlement to the bonus and kicker and emphasizing that MEPS personnel made an administrative error.  Additionally, the applicant could have elected to request separation but he continued his service, completed training, and deployed with his unit to Afghanistan.

9.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to MEPS 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.  

10.  The ARNG SRIP guidance at the time of the applicant’s enlistment authorized an NPS enlistment bonus as well as the MGIB kicker for the critical MOS of 21E - now 12N.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that at the time of his enlistment the applicant was promised a $10,000.00 NPS enlistment bonus as well as a monthly $200.00 MGIB kicker as evidenced by the entry on the SDMEPS Form 11-R which he completed with his recruiter.

2.  He enlisted for the critical MOS of 12N under the 6x2 enlistment option, split-option training program.  His critical MOS was authorized the bonus and the kicker.  For unknown reasons, the recruiter and the MEPS personnel failed to have him sign the NPS Enlistment Bonus Addendum.  Yet, he completed MOS training, continued to serve the terms of his enlistment, and is currently deployed with his unit to Afghanistan.  

3.  It is evident that several errors were committed in the processing of his enlistment.  It is equally evident that none of this was his fault.  He totally depended on the guidance of his recruiter and MEPS personnel throughout the enlistment process.  He should not be penalized for errors committed by the recruiter, MEPS personnel, SDARNG recruiting officials, State Incentive Manager, or the NGB.  He met all of the requirements he agreed to on his contract and he should have had an NPS Enlistment Bonus Addendum accompany his enlistment contract.  Therefore, he should be entitled to the requested relief.

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:

	a.  showing he was issued Annex E (Non-Prior Service Enlistment Bonus Addendum) to DD Form 4 for the enlistment bonus in the amount of $10,000.00 and for the MGIB kicker in the amount of $200.00 per month, in connection with his enlistment in the SDARNG on 30 March 2010;

	b.  showing he enlisted for a critical skill and received a valid Bonus Control Number upon enlistment in the SDARNG for the enlistment bonus in the amount of $10,000.00 and for the MGIB kicker in the amount of $200.00 per month

	c.  showing he completed and signed the Non-Prior Service Enlistment Bonus Addendum that clearly specifies the terms of the Reserve service commitment that authorizes the payment of the incentive;

	d.  showing he is eligible for payment of the bonus and the MGIB kicker in accordance with the terms of his enlistment contract; and

	e.  paying him from Army National Guard funds the bonus and the MGIB kicker as specified in his enlistment contract based on the above corrections.



      ___________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)                                         AR20110018855



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ABCMR Record of Proceedings (cont)                                         AR20110018855



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