IN THE CASE OF:
BOARD DATE: 27 November 2012
DOCKET NUMBER: AR20120006058
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 that his Prior-Service Enlistment Bonus (PSEB) be reinstated.
2. The applicant states, in effect, that he enlisted for a PSEB for 3 years in military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator) and later transferred to a vacant position in MOS 74D (Chemical Operations Specialist) that had been vacant for 3 years. He goes on to state he was told his bonus would not be recouped because the position had been vacant for 3 years; however, such was not the case.
3. The applicant provides a copy of his denial of a request for an exception to policy by the National Guard Bureau (NGB), a one-page rebuttal to the denial, and a copy of his enlistment contract.
CONSIDERATION OF EVIDENCE:
1. The applicant initially enlisted in the North Dakota Army National Guard (NDARNG) on 31 May 1996 and served until he was discharged on 25 June 1996 for the convenience of the government. He again enlisted in the NDARNG on 28 October 1998 for training as a heavy construction equipment operator. He completed his training and was promoted to the pay grade of E-5 on 1 December 2003.
2. He was ordered to active duty in support of Operation Iraqi Freedom on 18 December 2003 and deployed to Iraq/Kuwait from 20040217 20050209. He was honorably released from active duty (REFRAD) on 14 March 2005.
3. On 14 June 2005, he was honorably discharged from the NDARNG and as a Reserve of the Army due to the expiration of his term of service. He had served 8 years, 10 months and 22 days of service for pay purposes.
4. On 1 July 2009, he again enlisted in the NDARNG for a period of 3 years and a PSEB of $7,500 in MOS 21E (Heavy Construction Equipment Operator). At the time of his enlistment he acknowledged that his bonus could be terminated if he voluntarily transferred out of the critical unit identification code (UIC) or critical skill for which the bonus was approved (Page 4 of his PSEB Addendum).
5. Although the date is not indicated in the available records, the applicant voluntarily transferred to a 74D (Chemical Operation Specialist) position.
6. On 8 March 2012, the NGB denied the applicants request for an exception to policy to retain his PSEB based on his voluntarily transferring to another MOS that was not his bonus specialty. The NGB officials directed that the State Incentive Manager terminate the incentive without recoupment effective 1 October 2009.
7. On 27 June 2012 he was awarded a primary MOS of 74D2O (Chemical Operations Specialist.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and appear to lack merit.
2. While the applicant contends that he was advised that he would not lose his bonus when he transferred from a 21E position to a 74D position, he has failed to show through the evidence of record and the evidence submitted with his application that such was the case.
3. There is no indication from his chain of command that he relied on incorrect information or that the specialty and position he was transferred to was also a critical position that qualified for the same bonus.
4. Inasmuch as the applicants PSEB addendum specifically stated that his bonus could be terminated if he voluntarily transferred out of the critical skill for which the bonus was approved and since the applicant has not provided sufficient evidence to show that his transfer was sanctioned by the NDARNG with the intent that he not lose his bonus entitlements, there appears to be no basis to grant the applicants request.
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.
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