IN THE CASE OF:	  

		BOARD DATE:  20 September 2012

		DOCKET NUMBER:  AR20120004365 


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 the date on his Annex X (Prior Service Enlistment Bonus (PSEB) Addendum – Army National Guard of the United States) to his DD Form 4 (Enlistment/Reenlistment Document) be corrected.

2.  The applicant states:

* he was set to enlist on 17 July 2008
* he signed annexes to his DD Form 4, including Annex X, on 17 July 2008
* the recruiter certified the annexes, including Annex X, on 17 July 2008
* the enlistment/reenlistment officer was not present on 17 July 2008, so the DD Form 4 could not be completed
* on 18 October 2008, the DD Form 4 was completed and the enlistment officer enlisted him
* when the DD Form 4 was completed, the annexes, including Annex X, were not entered in Part B (Agreements)

3.  The applicant adds he had financial issues prior to enlisting and not receiving his PSEB will cause further financial issues for him and his family.  He states he has no water or electric service at home.

4.  The applicant provides:

* DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States)
* DD Form 4/1
* DD Form  4/2 (Certification and Acceptance)
* Annex X
* Annex A (DD Form 4 Enlistment/Reenlistment Agreement – Army National Guard)
* two DA Forms 1059 ( Service School Academic Evaluation Report)
* Memorandum, Chief, Guard Strength Directorate, National Guard Bureau (NGB), dated 9 January 2012
* Memorandum, page 1 of Puerto Rico National Guard Joint Forces Headquarters, G1-Education Section, dated 20 January 2012

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  After having had prior periods of active duty service for training, the applicant reenlisted in the PRARNG on 18 July 2008 for a period of 6 years.  He completed training and was awarded military occupational specialty (MOS) 13B (Cannon Crewmember) and later retrained into MOS 88M (Motor Transport Specialist).  The highest rank/grade he attained while on active duty was specialist/E-4.

3.  The applicant's DD Form 4/1 shows the following:

* section B (Agreements), item 8, does not contain additional details or annexes pertaining to his enlistment/reenlistment
* the form was signed on 18 July 2008 by the applicant, by his recruiter, and confirmed by the certifying officer

4.  Annex X to the applicant's DD Form 4/1 shows, in pertinent part, the following:

* he would receive a total bonus payment in the amount of $15,000 less taxes for a 6-year enlistment in a non-critical Modification Table of Organization and Equipment (MTOE) unit
* the bonus would be paid in two 50 percent installments
* he acknowledged that he had read and understood each section of the Annex 
* he acknowledged he would have to undergo MOS 88M training
* it was signed on 17 July 2008 by both the applicant and his recruiter
* it does not contain a Bonus Control Number

5.  The applicant's DA Forms 1959 show:

* he successfully completed the 88M Phase I MOS training on 16 May 2010
* he successfully completed the 88M Phase II MOS training on 2 June 2010

6.  On 9 January 2012, the Chief, Guard Strength Directorate, NGB, signed a memorandum, subject:  Request for Exception to Policy (ETP) for PSEB, pertaining to the applicant, which stated the following:

   a. In accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06 (effective 10 August 2007 through 31 March 2008, extended to 28 February 2009), eligible applicants were offered the PSEB.

   b. The applicant enlisted in the PRARNG on 18 July 2008 in critical skill MOS 88M.  The PSEB Addendum was signed on 17July 2008 and did not contain a requested or approved Bonus Control Number.  The applicant's DD Form 4/1 does not reflect issuance of a PSEB as Annex X.  Therefore, there is no supporting evidence that an incentive was executed in conjunction with the prior service enlistment.

   c. An ETP for the applicant to retain the $15,000 PSEP offered at the time of his enlistment on 18 July 2008 was denied.  The State Incentive Manager would terminate the incentive.

7.  The applicant provides a copy of page 1 of a memorandum, subject:  Notification of Incentive Discrepancy and ETP Process, dated 20 January 2012.  The memorandum advised him that:

* all measures were taken to resolve the issue without success
* he had 45 days to submit an ETP to his State Incentive Manager
* failure to submit an ETP would result in immediate termination and/or recoupment of his incentive in accordance with Title 30, U.S. Code, section 3702

8.  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 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.

9.  Title 37, U.S. Code, section 308i(a)(2)(A), in effect at the time, stated a person who is a former enlisted member of an armed force who enlists in the Selected Reserve for a period of 3 or 6 years in a critical military skill designated for a PSEB maybe paid such a bonus only if the person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant enlisted as an 88M and was promised a $15,000 PSEB.  He completed Annex X which was signed and dated 17 July 2008.

2.  Unfortunately, the enlistment officer was unavailable on 17 July 2008 and the DD Form 4 was not completed until the next day, 18 July 2008.  At that time, no mention of annexes was made in Part B of the DD Form 4.  Annex X was not reissued, nor was a Bonus Control Number placed on it.

3.  It is evident that some errors were committed in the processing of his enlistment and that none of it was his fault.  For unknown reasons, his recruiter failed to properly complete his PSEB contract and change the date on it.  The applicant enlisted in good faith and continues to serve the terms of his enlistment.  He should not be penalized for errors committed by his recruiter, State Incentive Manager, or the NGB.  He met all the requirements he agreed to on his PSEB 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 all Department of the Army and State Army National Guard records of the individual concerned by corrected to show:

* he was issued an Annex X on his DD Form 4/1 and it was signed and dated by all the proper personnel on 17 July 2008
* he enlisted for a critical skill and received a valid bonus control number upon enlistment in the PRARNG for a PSEB in the amount of $15,000
* paying him the bonus from ARNG funds as specified in his corrected 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)                                         AR20120004365



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ABCMR Record of Proceedings (cont)                                         AR20120004365



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