IN THE CASE OF:	  

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110022499 


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 the second half of his enlistment bonus that was executed on 28 March 2008 in the Minnesota Army National Guard (MNARNG).

2.  The applicant states it is not his fault that his recruiter submitted his enlistment paperwork with different dates.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 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
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 - Non-Prior Service Enlistment Bonus Addendum - Army National Guard)
* A memorandum

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the MNARNG on 28 March 2008 for a period of 6 years.  In connection with his enlistment, he and his recruiter signed Annex E to his DD Form 4.  This form shows in:

	a.  Section II (Eligibility), paragraph 7 (Non-Prior Service (NPS) Critical Skill Military Occupational Specialty (MOS)) Bonus, the entry "I am enlisting into a critical MOS [13B (Cannon Crewmember)] under the 6X2 or 8X0 enlistment option and will receive a NPS Critical Skill Bonus (50/50 payment)." 

	b.  Section III (Payments), the entry "I will receive a total bonus of $20,000.00 for the enlistment bonus option above, less taxes.  I will receive my first bonus payment of 50 percent of the total authorized amount entered above, less taxes, when I complete IADT (initial active duty for training), and am awarded the MOS for which I enlisted.  The second and final payment of 50 percent will be paid on the 36th-month anniversary of my date of enlistment.

2.  A DD Form 1966, block 32a (Specific Option/Program Enlisted For) shows he was enlisting for 6 years and a $20,000 bonus in a critical skill valid vacancy, in MOS 13B, and would be assigned to Battery C, 1st Battalion, 151st Field Artillery.

3.  On 12 January 2009, he entered IADT.  He completed basic combat and advanced individual training and he was awarded MOS 13B.  He was released from IADT on 9 May 2009, to the control of his ARNG unit.  He was assigned to Battery C, 1st Battalion, 151st Field Artillery.

4.  The applicant provides a memorandum, dated 14 April 2011, from his unit commander to the State Incentive Manager, MNARNG, Saint Paul, MN, wherein his commander requested an exception to policy and the applicant be authorized payment of a $20,000.00 NPS enlistment bonus.  The commander stated DD Form 1966, block 32a, showed the applicant would be receiving a critical skill $20,000 bonus and was signed by the applicant and the recruiter on the date of enlistment, 28 March 2008.  He further stated that through no fault of the applicant, his recruiter failed to have the applicant sign Annex E at the time of enlistment.  Due to Annex E being signed on 7 April 2008, a motion to recoup [what had been paid] had been initiated. The commander verified the applicant was issued bonus control number "E08XXXXXXMN" and held up his commitment to the MNARNG and should not be penalized for an error made by his recruiter.  

5.  A memorandum, dated 18 May 2011, from the NGB to the State Incentive Manager, MNARNG, denied the MNARNG’s request for an exception to policy.  An official at the NGB stated although a NPS enlistment bonus was offered at the time of the applicant's enlistment on 28 March 2008, the bonus addendum was not signed until 7 April 2008, therefore the incentive was retroactive.  According to policy, retroactive entitlement to an incentive offer was not authorized and the applicant was ineligible to retain the incentive.
6.  The ARNG Selected Reserve Incentive Program Guidance for Fiscal Year 2007, 2008, and 2009 (10 August 2007 to 30 September 2009), Policy Number 07-06, dated 10 August 2007, stated the ARNG offered a NPS enlistment bonus for NPS applicants who enlisted in the ARNG for 6 years if they enlisted in a critical skill.  No bonus amount more than $20,000 could be offered.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid the enlistment bonus he was promised.

2.  The available evidence confirms the applicant enlisted for 6 years, MOS 13B, a NPS critical skill vacancy, and assignment to Battery C, 1st Battalion, 151st Field Artillery.  As specified in his enlistment contract, he was not MOS qualified at the time of enlistment and he fulfilled his contractual agreement by completing the training for MOS 13B.  Unfortunately, after he qualified for the MOS, he was told his enlistment bonus was not authorized as his NGB Form 600-7-1-R-E was dated after his enlistment date.

3.  It is evident an error was committed in the processing of his enlistment contract.  But regardless of the date the NGB Form 600-7-1-R-E was signed, this was not the fault of the applicant.  Therefore, he should not be penalized for an error committed by MNARNG recruiting officials or the NGB.

4.  The applicant met all of the requirements he agreed to in his enlistment contract; therefore, he should be entitled to receive payment of the 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 all Department of the Army and State Army National Guard records of the individual concerned be corrected to:

* Show he enlisted for MOS 13B, qualified for a $20,000 bonus, and he and his recruiter signed NGB Form 600-7-1-R-E on 28 March 2008, the date of his enlistment in the MNARNG 
* Show he is eligible for payment of the enlistment bonus in accordance with the terms of his enlistment contract
* Pay him the enlistment bonus, out of Army National Guard funds, as specified in his enlistment contract



      _______ _   __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)                                         AR20110022499





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ABCMR Record of Proceedings (cont)                                         AR20110022499



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