IN THE CASE OF:	  

		BOARD DATE:	  18 September 2012

		DOCKET NUMBER:  AR20120005546 


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, that he receive the remaining $10,000.00 of the $20,000.00 Non-Prior Service Enlistment Bonus (NPSEB) that he was guaranteed in his enlistment contract.

2.  The applicant states when he enlisted, he signed up for the "Mission First" program to allow him to complete a religious mission.

   a.  He was not told that he would have to extend his enlistment for the period of time he was on the mission and in the Inactive National Guard (ING).

   b.  In order to complete the mission obligation, his commander transferred him to the ING.
   
   c.  Upon return to the unit, his commander did not have him complete a
DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) to cover the time he had served in the ING.

   d.  He asserts that losing his bonus was due to no fault of his own.

3.  The applicant provides copies of the following documents:

* National Guard Bureau (NGB), Arlington, VA memorandum, dated
1 January 2007, subject:  Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 1 January- 31 March 2007 (Policy Number 07-04)
* four letters pertaining to his request for exception to policy
* commander's letter of justification

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 1 February 2007, shows in section VI (Remarks) that he acknowledged he was applying for an enlistment term of 8 years for training in military occupational specialty (MOS) 21C (Bridge Crewman) and that he was eligible for and accepted the Enlistment Cash Bonus Program.

2.  The applicant's DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows that he enlisted in the Army National Guard of the United States on 1 February 2007 for a period of 8 years (6 x 2) and additional details of his enlistment were in section C (Certification and Acceptance), Annex A (Guard Annex - Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment), and
NGB Form 600-7-1-R-E (Annex E).

   a.  Section C shows, in pertinent part, "I certify that I have carefully read this document.  Any questions I had were explained to my satisfaction.  I fully understand that only those agreements in Section B (Agreements) of this document or recorded on the attached Annexes will be honored.  Any other promises or guarantees made to me by anyone are written below:  (if none, X "NONE" and initial)"; an "X" in the "NONE" block; and the applicant's initials.

   b.  Annex A, section III (Explanation to Applicant), shows, in pertinent part, "Initial enlistment as a non-prior service member.  I have no previous military service on active duty, or active duty for training, in the Armed Forces of the United States and upon executing this enlistment I will incur a statutory military service obligation of eight years.  The enlistment option that I have selected provides that I will be a member of an ARNG unit for a period of 6 years and a member of the Individual Ready Reserve (IRR) or the Inactive National Guard (ING) for the balance of my eight year service obligation unless I elect to remain with the ARNG unit, or unless I am completely discharged from this enlistment agreement."

   c.  Annex E (Non-Prior Service Enlistment Bonus Addendum) shows in:

    	(1)  section II (Eligibility):  the applicant understood he was eligible for an NPSEB;

    	(2)  section III (Payments):  he would receive a total bonus of $20,000 for the enlistment bonus option, less taxes, and:

    		(a)  he would receive his first bonus payment of 50% of the total authorized amount, less taxes, when he completed Initial Active Duty Training (IADT) and was awarded the MOS for which he enlisted; and

    		(b)  the second and final payment of 50% would be paid on the
36th-month anniversary of his date of enlistment;

    	(3)  section IV (Suspension):  he understood he would be suspended from bonus eligibility if he entered a period of non-availability (placement in the ING); maximum periods of non-availability are:

    		(a)  1 year for personal reasons; and

    		(b)  3 years for missionary obligations; and

    	(4)  section V (Termination):  he understood that he would be terminated from bonus eligibility with recoupment, if he failed to extend within 30 days of his return to active status for any time served in the ING.

    	(5)  The applicant and a Service representative each placed their signature on the document on 1 February 2007.

3.  Salt Lake City Military Entrance Processing Station, Salt Lake City, Utah, Order 7032007, dated 1 February 2007, ordered the applicant to IADT on
12 June 2007 for a period of 10 weeks for basic training under the alternate (split) training program.

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty on 25 August 2008, he was honorably released from active duty training on 17 October 2008, and transferred to the Wyoming ARNG (WYARNG).  It shows he was awarded MOS 21C1O (Bridge Crewman) and that he had completed 1 month and 23 days of net active service this period.

5.  State of Wyoming, Adjutant General's Office, Cheyenne, Wyoming, Orders 345-010, dated 10 December 2008, released the applicant from Bridge Crewmember Detachment 1, Afton, Wyoming, and transferred him to the Bridge Crewmember ING of Detachment 1, Afton, Wyoming, for a period of 2 years, effective 19 November 2008, for the purpose of an LDS (Latter Day Saints) Mission.  The additional instructions show:  SRIP:  Yes, Termination:  No.

6.  State of Wyoming, Adjutant General's Office, Cheyenne, Wyoming, Orders 123-006, dated 3 May 2010, released the applicant from the Bridge Crewmember ING of Detachment 1, Afton, Wyoming, and transferred him to Bridge Crewmember Detachment 1, Afton, Wyoming, effective 25 March 2010, based on his return from inactive status.  The orders show he was assigned to a position number that was excess to the authorized strength of the unit.  The additional instructions show:  SRIP:  Yes, Termination:  No.

7.  A DA Form 4836 shows, on 14 May 2010, the applicant extended his 6-year enlistment obligation with an expiration of term of service (ETS) of 13 January 2013 for a period of 1 year, 4 months, and 6 days and that his new ETS was established as 6 June 2014.

8.  State of Wyoming, Adjutant General's Office, Cheyenne, Wyoming, Orders 004-014, dated 4 January 2011, released the applicant from Bridge Crewmember Detachment 1, Afton, Wyoming, and transferred him to the Bridge Crewmember ING of Detachment 1, Afton, Wyoming, for a period of 1 year, effective 15 May 2010, per the applicant's request based on medical issues.  The additional instructions show:  SRIP:  No.

9.  State of Wyoming, Adjutant General's Office, Cheyenne, Wyoming, Orders 055-007, dated 24 February 2011, released the applicant from the Bridge Crewmember ING of Detachment 1, Afton, Wyoming, and transferred him to Bridge Crewmember Detachment 1, Afton, Wyoming, effective 8 February 2011, based on his return from inactive status.  The additional instructions show:  SRIP: No.

10.  A DA Form 4836 shows, on 9 February 2011, the applicant extended his enlistment obligation with an ETS of 6 June 2014 for a period of 8 months and 
21 days and his new ETS was established as 27 February 2015.

11.  In support of his application, the applicant provides the following documents:

   a.  NGB, Arlington, VA, memorandum, dated 1 January 2007, subject:  ARNG SRIP Guidance for FY 2007, 1 January - 31 March 2007 (Policy Number 07-04) that established policy to administer ARNG incentives, including the NPSEB.  

    	(1)  The guidance stated, among other requirements, eligible Soldiers must enlist for the 6 x 2 or the 8 x 0 enlistment option and select one of 20 NGB approved State critical skill MOSs.
   
    	(2)  A list of the NGB "Top Ten" Critical Skills and State MOSs shows MOS 21C as an approved MOS for the NPSEB for eligible Soldiers of the WYARNG.

    	(3)  The memorandum also shows that if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, the member shall not be eligible to receive any further incentive payments, except for payment for service performed before the termination date.  Unless granted relief, the member must refund a prorated amount to the Government if such termination is for any of several reasons, including if he/she fails to extend the contracted term of service for a period of authorized non-availability

   b.  Joint Forces Headquarters - Wyoming, 1041st Engineer Multi-Role Bridge Company (-), Rock Springs, Wyoming, memorandum, dated 12 December 2011, subject:  Request for exception to policy for payment of Enlistment Bonus, addressed to the NGB, Incentives Team, Arlington, Virginia.  The applicant stated that he was transferred to the ING to complete a religious mission and he encountered a medical condition of fluid in the brain that caused him to terminate his mission early.  He transferred back to his unit, his condition was deemed serious enough to warrant not drilling, and he was transferred back to the ING.  After several months, he returned to his unit.  He learned that his NPSEB and education eligibility benefits were taken away because he was transferred into the ING on two occasions.  He asserts that he was not aware of this disqualifying criterion and, at the time, he was concerned about his life-threatening medical condition.

   c.  Joint Forces Headquarters - Wyoming, Headquarters, 94th Troop Command, Laramie, Wyoming, memorandum, dated 12 December 2011, subject:  Request for exception to policy for payment of Enlistment Bonus (pertaining to the applicant), from the commanding officer to the NGB, Incentives Team, Arlington, Virginia.  The commanding officer states that the error created for the applicant's bonus was no fault of the applicant.  He met all obligations of his contract and an unfortunate systemic problem created the error.  He adds the applicant should not be penalized as he was having a significant life event dealing with his medical needs.

   d.  State of Wyoming, Adjutant General's Office, Cheyenne, Wyoming, memorandum, dated 14 December 2011, subject:  Request for exception to policy for payment of Enlistment Bonus (pertaining to the applicant), from an education service officer to the NGB, Education, Incentives, and Employment Division, Arlington, Virginia.  The officer states the applicant transferred into the Wyoming ING twice, once for missionary obligation and once for medical/ personal reasons.  He also states that the incentives manager did not inform the command that the Soldier had to extend within 90 days for the time served in the ING and the command and applicant were not informed of the regulations.  He adds that the applicant held up his portion of the contract and he should not be punished for the WYARNG's mistake.

   e.  NGB, Arlington, Virginia, memorandum, dated 30 January 2012, subject:  Request for exception to policy for payment of Enlistment Bonus (pertaining to the applicant), that shows the Deputy G1, ARNG, denied the applicant's request and informed him that the state Incentive Manager will terminate the incentive without recoupment.  He noted that the applicant enlisted for the NPSEB on
1 February 2007, he entered the ING on 19 November 2008 for religious mission, and returned on 25 March 2010.
   
    	(1)  He was required to extend for the period of non-availability of 1 year, 
4 months, and 6 days within 30 days of returning to an active status per the signed Addendum to his enlistment contract.

    	(2)  He executed an extension 10 months later while serving in an excess position and for a lesser period than the time spent in the ING, which is not authorized to retain the incentive.  Therefore, the documentation does not support the authorization to retain the incentive.

   f.  Joint Forces Headquarters - Wyoming, 94th Troop Command, Laramie, Wyoming, memorandum, dated 3 March 2012, from the applicant's commanding officer to the Army Board for Correction of Military Records.  The commanding officer states the applicant enlisted under the "Mission First" program that allowed him to enter into his religious mission upon notification for two years.  He was transferred into the ING and during this time he had a medical emergency.  He returned to his unit, his medical condition was deemed serious enough to not allow any further military training, and he was transferred back to the ING.  Because of this, the extension was not completed within the 30-day requirement, which negated the remainder of his bonus.  The commanding officer asserts this occurred due to no fault of the applicant.

12.  Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 9 (Special Pay - Enlistment, Reenlistment and Retention Bonus - Enlisted Members), paragraph 0901 (Enlistment Bonus), provides that an enlistment bonus is authorized for individuals who enlist in a Military Service for a specific period and, if applicable, for service in a military skill that is experiencing critical personnel shortages as designated by the Secretary of the Military Department concerned.  It also provides that non-prior service enlistees who have received an enlistment bonus under the SRIP retain eligibility for the Regular Component enlistment bonus under this section if all other eligibility criteria are met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he is entitled to receive the remaining $10,000.00 of the $20,000.00 NPSEB because a life-threatening medical condition precluded him from executing an oath of extension of his enlistment contract and he was not told that he would have to extend his enlistment for the period of time he was on the mission and assigned to the ING.

2.  The applicant's claim was carefully considered.

   a.  The evidence of record shows:

    	(1)  the applicant enlisted for 8 years in the ARNG and agreed to serve his initial 6 years in bonus MOS 21C or in a bonus unit in exchange for a $20,000.00 enlistment bonus;

    	(2)  he acknowledged with his signature that he understood he would be suspended from bonus eligibility if he entered a period of non-availability due to placement in the ING (i.e., for up to 3 years for missionary obligations) and that he would be terminated from bonus eligibility with recoupment if he failed to extend within 30 days of his return to active status for any time served in the ING.

    	(3)  Thus, records refute the applicant's contention that he was not informed he would have to extend his enlistment for the period of time he was on the mission and assigned to the ING.

   b.  The evidence of record also shows the applicant:

    	(1)  transferred to the ING for the purpose of performing a missionary obligation during the period 19 November 2008 through 24 March 2010 (a period of 1 year, 4 months, and 6 days);

    	(2)  transferred from the ING to an active status on 25 March 2010; and

    	(3)  completed an oath of extension of enlistment on 14 May 2010, which was not within the 30-day period of returning to an active status. 

    	(4)  Thus, records show the applicant failed to comply with the terms of his enlistment contract as specifically outlined in the NPSEB Addendum.

   c.  The fact that the applicant was placed in the ING on 15 May 2010 because of medical issues is acknowledged.  However, that fact does not provide a basis for his non-compliance with the terms of his NPSEB agreement within the 30-day period of returning to active service.

   d.  The Deputy G1, ARNG, denied the applicant's request for exception to policy for payment of the NPSEB and directed termination of the incentive without recoupment (emphasis added).  It is noted that the terms of the NPSEB agreement provide for termination of bonus eligibility with recoupment (emphasis added), if the applicant failed to extend within 30 days of his return to active status for any time served in the ING.  However, this matter is not the issue under review in this case.
   
   e.  The evidence of record clearly shows the applicant failed to comply with the terms of his enlistment contract with respect to the NPSEB agreement.

3.  Therefore, in view of all of the foregoing, there is an insufficient basis to grant the applicant's 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)                                         AR20120005546



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ABCMR Record of Proceedings (cont)                                         AR20120005546



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