IN THE CASE OF:
BOARD DATE: 2 October 2012
DOCKET NUMBER: AR20120005524
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 an enlistment bonus.
2. The applicant states that unknown to her at the time, she was pregnant when she enlisted on 22 December 2009. As a result, she was unable to ship within the 365 days required by her bonus addendum. She states she did, in fact, ship 468 days after her enlistment date.
3. The applicant provides her daughter's birth certificate, medical records from her obstetrics-gynecology doctor, and the bonus addendum in support of her request.
CONSIDERATION OF EVIDENCE:
1. On 22 December 2009, the applicant enlisted in the Army National Guard for 8 years. A National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 Non-Prior Service Enlistment Bonus Addendum) shows she was authorized a Selected Reserve Incentive Program (SRIP) enlistment bonus in conjunction with this enlistment if she met all the eligibility requirements outlined in the annex.
2. Section II (Eligibility) of annex E contained the eligibility requirements for the enlistment bonus which included the applicant's agreement to ship on 25 May 2010. Section IV (Payments) contained the applicant's acknowledgement that she understood if she did not ship within 365 days of her enlistment date, the incentives described in annex E would terminate without payment.
3. On 30 December 2011, NGB denied the applicant's request to retain her non-prior service enlistment bonus as an exception to policy. NGB cited the applicant's failure to ship within the 365 days required by her bonus agreement as the basis for denial and confirmed the applicant did not ship to basic training until 11 April 2011. She graduated from advanced individual training on 30 June 2011.
4. Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) prescribes the policy and procedures for the administration of the Army National Guard and the U.S. Army Reserve incentive programs. Chapter 2 contains guidance on the SRIP. It states, in effect, that bonus authorization will terminate if the member fails to meet time-limit policy requirements. The regulation provides no exception provisions for medical conditions.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to retain her SRIP enlistment bonus because she was pregnant at the time of enlistment has been carefully considered. However, there is insufficient evidence to support this claim.
2. Under the provisions of her SRIP enlistment bonus addendum, the applicant agreed to ship for training within 365 days of her enlistment and acknowledged her understanding that if she did not, her bonus agreement would be terminated.
3. The evidence of record confirms the applicant did not ship for training within the 365 days required by her bonus agreement and that her bonus agreement and payment was terminated as a result of her failure to comply with this requirement.
4. While it is unfortunate that the applicant was not aware of her pregnancy at the time of her enlistment, there are no regulatory or policy provisions that allow for an exception to the shipping time requirement based on pregnancy. As a result, there is no apparent error or injustice related to the termination of the applicant's bonus agreement and payment.
5. In view of the foregoing, there is an insufficient evidentiary basis to support granting 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 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) AR20120005524
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