IN THE CASE OF:	  

		BOARD DATE:  11 October 2012

		DOCKET NUMBER:  AR20120004177 


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 he be permitted to retain the first half ($7,500.00) of the $15,000.00 Prior Service Enlistment Bonus (PSEB).  He also requests to be paid the remaining $7,500.00 as promised for his 6-year enlistment in the Minnesota Army National Guard (MNARNG).

2.  He states he enlisted in the MNARNG on 8 December 2008 and was promised a $15,000.00 PSEB.  The bonus addendum existed in 2009 and was sent to his brigade and State headquarters in order to receive the first half of the bonus.  The addendum was either never sent for filing in the Interactive Personnel Electronic Records Management System (iPERMS) or was removed from iPERMS. 

3.  The applicant provides:

* a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 September 2004
* his enlistment contract
* a series of emails beginning 21 January 2009 through 20 January 2012
* an Information Management and Reporting Center (iMARC) transaction log
* two memoranda 



CONSIDERATION OF EVIDENCE:

1.  His record shows he had prior enlisted service in the U.S. Air Force and the MNARNG between 27 December 1985 and 8 December 2006.  After a 2-year break-in-service, the applicant enlisted once again in the MNARNG on 
8 December 2008. 

2.  The DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and National Guard Bureau (NGB) Form 21 (Annex A – DD Form 4 Enlistment/Reenlistment Agreement – ARNG) he provided shows he enlisted for a period of 6 years and he was a former member of the Armed Forces who was discharged prior to completion of an incurred 8-year military service obligation.  

3.  Section D (Certification and Acceptance), paragraph 13a of his DD Form 4/2 states, “I certify that I have carefully read this document…I fully understand that only those agreements in Section B and Section C of this document or recorded on the attached annex(es) will be honored.  I also understand that any other promises or guarantees made to me by anyone that are not set forth in Section B or the attached annex(es) are not effective and will not be honored.”

4.  The applicant provided a series of emails and a transaction log from the iMARC system which show, in part, the following transmissions:

	a.  On 21 January 2009, the applicant's recruiter changed his unit of assignment and military occupational specialty (MOS) after he had already been loaded in a valid slot.  The recruiter stated the applicant really wanted to change his MOS to 44C (Financial Management Technician).

	b.  On 2 April 2009, the applicant's MOS orders and direct deposit form was forwarded to the State Benefits Lead to process the PSEB.  The State responded on 7 April 2009 indicating the applicant never had an approved bonus control number (BCN) at the time of enlistment.  He also stated that someone "dropped the ball," probably the recruiter, and provided a list options for the applicant to consider.  He suggested the applicant submit an Exception to Policy through the State to the NGB.

	c.  On 13 May 2009, a letter was sent from the unit finance detachment to the State Incentives Branch requesting processing of the PSEB.

	d.  The Readiness Noncommissioned Officer (NCO) of the unit finance detachment submitted a second email to the State Incentives Branch on 27 May 2009 and stated she was very concerned that the applicant finished MOS training in March and still had not received the first payment of his PSEB.  She also indicated the bonus addendum had not been received and the recruiter failed to submit the proper documentation and had failed the Soldier (applicant). 

	e.  On 3 August 2009, the Readiness NCO submitted yet another email indicating the applicant was overdue his bonus and due to no fault of his, a BCN was not requested by his recruiter.  She added that the bonus addendum was not located at the State level or in iPERMS.  

	f.  A bonus addendum was initiated on 5 August 2009.  This addendum along with the enlistment contract was forwarded the State Incentive Branch on the same day and a BCN was requested. 

	g.  The applicant was paid $7,500.00 of the PSEB on 19 August 2011 under BCN PO99040002MN.

	h.  A reply received on 19 December 2011 shows the bonus addendum was missing from iPERMS and suggested the applicant submit an Exception to Policy to obtain the second half of the PSEB.  He submitted the request to NGB on 
22 December 2011.

	i.  On 19 January 2012, the NGB completed their response and denied his request for an Exception to Policy.  

	j.  The iMARC transaction log shows the NGB submitted a termination of the contract with full recoupment of funds.  The same BCN was cited. 

5.  A memorandum, subject:  Request for Exception to Policy for PSEB (rank, applicant 's name and social security number), dated 19 January 2012 states, in part:

	a.  The State Incentive Manager will terminate the incentive with recoupment.  

   b.  The applicant enlisted in the MNARNG on 8 December 2008 for the PSEB; however, there is no PSEB addendum on file and none of his enlistment documentation supports he was ever offered the incentive.  

	c.  A control number was not requested in iMARC until 15 April 2009.  Department of Defense (DOD) Instruction 1205.21, paragraph 6-2 states each recipient shall be required to sign a written agreement in order to be entitled to any incentive governed by that guidance.  The applicant was referred to the ABCMR. 

6.  Army Regulation 135-7 (Incentive Programs) states the PSEB incentive offers a cash bonus to eligible persons with prior military service who enlist in the ARNG and contract to serve in a valid vacancy position, in a designated MOS announced by Headquarters, Department of the Army.

7.  Title 10, U.S. Code, section 1552, the law which provides for the Board, states that "The Secretary may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or the repayment of a fine or forfeiture, if, as a result of correcting a record under this section, the amount is found to be due the claimant on account of his or another's service in the Army, Navy, Air Force, Marine Corps or Coast Guard, as the case may be."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he enlisted in the MNARNG for a period of 6 years and completed his required MOS training with an expectation of a $15,000.00 PSEB.

2.  The series of emails clearly state that the error in the applicant's case was with those individuals who were responsible for processing the incentive, mainly his recruiter.  As a result, a PSEB was initiated in August 2009, nearly 9 months after his enlistment. 

3.  However, his record is absent of documentation and he has not provided sufficient evidence to show he was promised a PSEB at the time of his December 2008 enlistment.  In addition, he specifically certified that unless a promise was incorporated into his enlistment contract or an attached agreement that such promise would not be honored.

4.  In view of the foregoing, there is no basis on which to grant the requested relief. 

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 that 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)                                         AR20120004177





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ABCMR Record of Proceedings (cont)                                         AR20120004177



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