IN THE CASE OF:	  

		BOARD DATE:	  28 November 2012

		DOCKET NUMBER:  AR20120003823 


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, payment of a $15,000.00 Prior Service Enlisted Bonus (PSEB).

2.  The applicant states:

* When he enlisted in the Missouri Army National Guard (MOARNG), he completed the required paperwork provided by his recruiter
* The DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) was dated before printing and the incentive paperwork was dated a day apart
* He has since been informed that by regulation the incentive paperwork should have been completed on the same date
* Had he known of this detail, he would have ensured the dates matched

3.  The applicant provides:

* DD Form 4
* DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States)
* Annex A (Enlistment/Reenlistment Agreement ARNG) to DD Form 4
* Annex X (PSEB Addendum) to DD Form 4 




CONSIDERATION OF EVIDENCE:

1.  Having had prior service, the applicant enlisted in the MOARNG for a period of 6 years on 29 October 2008.  Item 8b (Remarks) of his DD Form 4 shows the entry "$15,000.00 Prior Service Enlistment Bonus."  

2.  Item 32a (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) of his DD Form 1966/3 does not reflect any options or programs. 

3.  He completed Annex A to DD Form 4, on 30 October 2008, wherein he stated that he is enlisting or reenlisting as a prior service member with no statutory military service obligation and that he would commence training with an ARNG unit immediately.  He acknowledged he would undergo training in military occupational specialty (MOS) 11B (Infantryman). 

4.  He also completed Annex X (Bonus Addendum).  This annex shows the entry "Upon my enlistment in the ARNG, I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria":

* I have completed not more than 16 years of total military service
* I am qualified in and hold as a primary the MOS for which I am enlisting, and hold the rank and grade of, or am no more than one grade below, the required grade of the position
* I meet all enlistment eligibility criteria set forth in National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management)
* I am not enlisting into an excess position
* I am not enlisting into a TDA (Table of Distribution and Allowances) unit
* I am not enlisting for a Title 10 or Title 32 Active Guard Reserve tour or Military technician position
* I have received an honorable discharge for all periods of prior military service
* I must be enlisting Duty MOS Qualified (DMOSQ) in a Critical Unit Identification Code (UIC) or DMOSQ or Non-DMOSQ in an approved critical skill under the policy in effect at the time of my enlistment in an MTOE (Modified Table of Organization and Equipment) unit
* I will receive a total bonus payment in the amount of $15,000.00 less taxes for a 6-year enlistment, to be paid in two 50% installments of $7,500.00
* The first 50% ($7,500.00) installment will be processed for payment upon enlistment 
* The second and final 50% ($7,500.00) installment will be processed for payment on the third anniversary of the date of enlistment
5.  The applicant authenticated this annex by placing his full name, unit, signature, and date (30 October 2008).  However, although signed by an enlisting official, the annex does not contain a bonus control number.

6.  The applicant was assigned to the 205th Military Police Battalion, Poplar Bluff, MO.

7.  On 4 August 2009, per the applicant's request, he was transferred to Company C, 1st Battalion, 138th Infantry Regiment, Perryville, MO.

8.  On 2 February 2010, the MOARNG published Orders 033-146 awarding him primary MOS 91B (Mechanic) and secondary MOS 11B.

9.  On 10 January 2012, by memorandum in response to his request for an exception to policy to be paid the PSEB, a National Guard Bureau (NGB) official denied the request and stated:

* In accordance with the ARNG SRIP eligible applicants were offered the PSEB
* He enlisted in the MOARNG as MOSQ 11B
* He completed the PSEB addendum and the bonus control number were accomplished after his enlistment
* NGR 600-7 (Selective Reserve Incentive Programs) requires the addendum to be completed at the same time of enlistment or reenlistment 
* His DD Forms 4 and 1966 series do not reflect a bonus being offered 

10.  On 9 October 2012, an advisory opinion was received from the NGB in the processing of this case.  An NGB official recommended disapproval.  He stated the applicant's request for an exception to policy in regard to a PSEB of $15,000.00 was "partially" denied due to the appropriate forms not being completed as well as some being signed after-the-fact.  His previous request for an exception to policy was denied on 10 January 2012, by the Chief, Guard Strength Command/NGB.

	a.  While the previous denial was accurately supported by regulation, it did not take into account what’s in the best interest of the organization/Soldier.  At the time of his enlistment, the applicant was "eligible" to receive the bonus and was ultimately dependent upon his recruiter to fill out the appropriate documents and follow all necessary procedures in attaining the PSEB.  He had every reason to believe he would receive the full bonus, and while the PSEB is not listed in the appropriate blocks of the form or apparently not signed on the same date, it is identified on his DD Form 4/1 (item 8b) which clearly states, "$15,000.00 Prior Service Enlistment Bonus."  Any reasonable person would assume he/she was signing the appropriate document to attain the bonus.  He signed this document on the date of his enlistment, 29 October 2008.  He should have, and did, receive the first payment of $7,500.00 as was reasonably expected when he signed the documents.

	b.  He received the first half of the bonus ($7,500.00) and was prepared to receive the remaining payout at the 3-year payout, after unit personnel told him everything was on track to receive the bonus.  Months later he received notification that he would not receive the remainder of the bonus; however, the initial payment would not be recouped by the military per notification by the Guard Strength Directorate in a memorandum, dated 10 January 2012.  The decision was based on administrative errors related to the initial contract in which it appeared the incentive documentation "was not signed in conjunction with the enlistment agreement" as required by federal regulation.

	c.  Based on evidence, it would not be in the best interest of the organization and the applicant to deny the bonus based on administrative errors identified; however, more information has been made available as a result of research which provides a more stable base for the denial.  On 20 August 2009, the MOARNG published a transfer order for the applicant and assigning him as a wheeled vehicle mechanic with Headquarters and Headquarters Detachment, 205th Military Police Battalion (P7ZAA-276) with an effective date of 16 August 2009.  The Assign/Loss was identified as the following: Individual’s Request (IL). As a result of this order, the applicant voided his PSEB effective 16 August 2009. In a conversation on 1 October 2012, the applicant suggested he was told the benefit would not expire as a result of the transfer; however, he is unable to produce anything in writing to support the claim.  Secondly, the contract (NGB Form 600-7-6-R-E- page two) signed by the applicant clearly lays out the requirements to maintain the bonus.  He signed a "6 Year PSEB in a Critical UIC and or Critical Skill"; therefore, transferring into the new unit/position voided the contract.

	d.  It is in the best interest of the organization/Soldier that the prior payment ($7,500.00) not be recouped even though the applicant voided the contract 
9 months into his enlistment and a prorated recoupment was authorized. Furthermore, the applicant is not authorized the final payment ($7,500.00) and should not be paid out as suggested by him.   Amidst the miscommunications and administrative errors that have occurred with him, this advisory opinion appears to be in the best interest of all parties and is in the best interest of fairness/justice.

11.  He responded to the advisory opinion on 18 October 2012 through the unit administrative Noncommissioned Officer of the 205th Military Police Battalion who states the applicant was transferred to her unit on 16 August 2009, with the intent to deploy to Afghanistan.  He was told there would be no negative consequences of this transfer.  A subsequent conversation with the incentives manager yielded a positive response in that as long as the applicant transferred for the purpose of deployment, he would remain in good standing. 

12.  NGR 600-7 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 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 applicant enlisted on 29 October 2008.  He believed he was completing all the required paperwork provided by his recruiter.  He agreed to serve for a period of 6 years in a critical unit in exchange of a bonus to be paid in two installments.

2.  He received his initial payment ($7,500.00) and was expecting the remainder of the bonus at the end of his 3-year anniversary.  He consulted with his unit personnel and he was told everything was in order.  However, after a delay, he realized the payment would not happen because of the paperwork filing issue.

3.  He submitted an exception to policy to the NGB.  He stated, in effect, that the PSEB addendum and the bonus control number were completed after the enlistment.  The SRIP requires addenda to be completed at time of enlistment, reenlistment, and extension and not after the fact.  Additionally, his DD Form 1966 does not reflect a bonus being offered.  Therefore, the substantiating documentation provides evidence that an incentive was not in conjunction with the enlistment agreement.

4.  Nevertheless, his DD Form 4 clearly states "$15,000.00 PSEB" and although this may not be the appropriate place to list the bonus on the form, the reference to the PSEB would have been enough to ensure the applicant was enlisting with the intention of receiving the bonus; therefore, he signed the document on 29 October 2008.  


5.  Despite the contradiction between the various documents, the applicant appears to have a clear understanding of his contract.  He also received the first installment of the bonus.  The decision to terminate the bonus offer three years after-the-fact is solely based on an administrative error.  The error, seemingly, has nothing to do with ill intent by the applicant.  

6.  The initial installment should not be recouped as he enlisted in good faith and relied on recruiting officials to sign where needed.  However, additional information that came to light provides justification to stop the final payment.  Since he voluntarily transferred into a new unit/MOS, his voluntary action voided his PSEB contract.  As such, he is not entitled to the second installment of this bonus.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by terminating any recoupment action related to the first installment of $7,500.00 of the applicant's prior service enlistment bonus.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to payment of the second installment of $7,500.00 of the applicant's prior service enlistment bonus.



      _______ _   __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)                                         AR20120003823





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ABCMR Record of Proceedings (cont)                                         AR20120003823



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