IN THE CASE OF:	  

		BOARD DATE:  21 August 2012

		DOCKET NUMBER:  AR20120003479 


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 denial of payment of an Army National Guard (ARNG) enlistment bonus and cancellation of recoupment of the first half of the bonus by the Texas Army National Guard (TXARNG) as an exception to policy.

2.  The applicant states:

	a.  He has not received the second half of his contracted prior-service initial enlistment bonus.  He received notification of the incentive eligibility termination and recoupment.  Upon his enlistment he was informed he was eligible for a prior-service enlistment bonus under the Selected Reserve Incentive Program (SRIP).

	b.  He was not qualified in the primary military occupational specialty (MOS) for which he enlisted.  Upon arrival at his unit, his chain of command informed him that he would be awarded MOS 15R (Attack Helicopter Repairer) due to his prior aviation service experience and formal training received while serving on active duty in the U.S. Navy (USN).  However, after being transferred from Company D to Company C, 1st Battalion, 149th Aviation Brigade, in 2008, he was informed he could not be awarded the MOS and he would have to attend formal MOS training.

	c.  At that point, he and his chain of command made attempts to reserve a training seat for MOS 15R training.  Due to circumstances beyond his control, each reservation was cancelled and he didn't receive orders for training until July 2011.  At that time, he extended his enlistment contract for an additional 3 years for the school.  He began MOS training on 15 July 2011 and successfully completed training in November 2011.

	d.  His initial enlistment was for 3 years with a $7,500.00 signing bonus.  Upon assignment to the 149th Aviation Brigade, he received the first half of his bonus.  His request for exception to policy was denied by the State Incentives Manager.  He has been informed that the first half of the enlistment bonus which he received will now be recouped.

3.  The applicant provides:

* National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment))
* DA Form 2823 (Sworn Statement)
* memorandum, Headquarters, Recruiting and Retention Battalion, dated 6 February 2012, subject:  Notice of Incentive Eligibility Termination
* memorandum, Headquarters, Recruiting and Retention Battalion, dated 6 February 2012, subject:  Notification of Exception to Policy Result

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows he executed a 3-year enlistment in the TXARNG on 8 March 2007 for 3 years with prior USN enlisted service.

	a.  Annex X, section II (Eligibility), states, in part, "Upon my enlistment in the ARNG of the United States I am eligible for a Prior Service Enlistment Bonus (PSEB) under the SRIP if I meet the following criteria:

		(1)  I have completed not more than 16 years of total military service.

		(2)  I am not qualified in the primary MOS for which I am enlisting, but have enlisted into an NGB or State Critical Skill MOS and agree to attend formal training and become qualified in my contracted MOS within 24 months of my date of enlistment."

	b.  Annex X, section III (Bonus Amount and Payments), states, "For a first 
3-year enlistment I will receive a total bonus payment in the amount of $7,500, to be paid in two 50% installments of $3,750, less taxes.  The first 50% installment will be processed for payment upon enlistment if I am already MOS qualified for the position for which I am enlisting.  If I am not MOS qualified for the position for which I am enlisting, my first installment of 50% will be processed upon successful completion of MOS training.  The second and final 50% installment will be processed for payment on the 36-month anniversary of the date of enlistment."

	c.  Annex X, section IV (Acknowledgement), states, in part, "I have enlisted in the following ARNG unit:  Company D, 1st Battalion, 149th Aviation Regiment (Rear)."

2.  He entered active duty for training (ADT) on 15 July 2011.  He completed training and was awarded MOS 15R.  He was honorably released from ADT on 16 November 2011 by reason of completion of required active service and was transferred to Company C, 1st Battalion, 149th Aviation Regiment, TXARNG.

3.  He provides a copy of a Sworn Statement, dated 12 January 2012, wherein the readiness noncommissioned officer stated the applicant joined the TXARNG with prior service in the USN.  At first the unit manning report and personnel qualification record indicated he was MOS qualified.  Later they disapproved his USN MOS as sufficient qualification.  He tried to send the applicant to MOS training shortly after his USN MOS was disqualified, but there were no classes available.  Eventually the applicant attended the course.  As he recalled, the applicant had a broken bone in his arm for a period of time, which also delayed his MOS qualification course.

4.  On 13 January 2012, he requested an exception to policy for payment of the PSEB under the SRIP.

5.  On 6 February 2012, the TXARNG advised him that discrepancies found in his incentive contract required eligibility termination because he did not enlist in a critical skill and was not MOS qualified in the allowable time.  The recoupment amount of $3,750.00 would be forward for debt collection action.

6.  In a memorandum, dated 1 February 2012, the ARNG Deputy G-1, NGB, denied the TXARNG's request for an exception to policy to authorize the applicant the PSEB offered at time of his enlistment on 8 March 2007.  The ARNG Deputy G-1 stated:

	a.  In accordance with ARNG SRIP guidance for Fiscal Year 2007, 1 January 2007-31 March 2007 (Policy Number 07-04), eligible applicants were offered the PSEB.

	b.  The applicant enlisted in the TXARNG on 8 March 2007 for the PSEB in critical skill MOS 15R.  However, MOS 15R cannot be validated as a TXARNG critical skill and the applicant failed to become duty MOS qualified (DMOSQ) within 24 months as outlined on the incentive addendum.  The State Incentive Manager will terminate the incentive with recoupment.

	c.  The applicant may file a claim with the Army Board for Correction of Military Records in accordance with Army Regulation 15-185 (Army Board for Correction of Military Records) if there is a belief that an error or injustice still exists.

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), 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 evidence of record shows the applicant enlisted in the TXARNG for 3 years on 8 March 2007.  He agreed to become MOS qualified within 
24 months, but he failed to do so.  On 1 February 2012, the ARNG Deputy G-1 denied the TXARNG's request for an exception to policy to allow the applicant to retain the enlistment bonus offered at the time of his enlistment.  The ARNG Deputy G-1 stated the applicant enlisted for the PSEB in critical skill MOS 15R, but this MOS could not be validated as a TXARNG critical skill and the applicant failed to become DMOSQ with 24 months as outlined in the incentive addendum.

2.  There is no evidence of record and he provided insufficient evidence to show he was not properly counseled on the correct timeliness for become DMOSQ within the 24 months as outlined in the addendum.  

3.  He acknowledges he was not MOS qualified at the time of his enlistment; therefore, the contract required him to become DMOSQ within 24 months of his enlistment.  It is acknowledged that the delay in sending him to school may have been through no fault of his own (to include some medical problems); unfortunately, the contract was clear – he had to become qualified within           24 months.  The fact that in 2011, well after the 24-month period was over, he extended his enlistment contract in order to attend the school indicates the bonus may not have been a crucial factor in his 2007 TXARNG enlistment.

4.  Therefore, without evidence to the contrary, the action taken by the ARNG Deputy G-1 to terminate the incentive with recoupment appears to be proper and he has not shown otherwise.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X ___  ___X____  ___X  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      __________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)                                         AR20120003479



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ABCMR Record of Proceedings (cont)                                         AR20120003479



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