IN THE CASE OF:	  

		BOARD DATE:	  23 October 2012

		DOCKET NUMBER:  AR20120006567 


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 his prior service enlistment bonus (PSEB) in the amount of $15,000.00.

2.  The applicant states:

	a.  His $15,000.00 enlistment bonus was terminated and is going to be recouped.  It was determined his reentry (RE) code of 4 from the U.S. Marine Corps should have disqualified him from receiving an enlistment bonus.  

	b.  He needed an RE code waiver to enlist in the Wisconsin Army National Guard (WIARNG).  This waiver along with his enlistment bonus paperwork was sent to the National Guard Bureau (NGB).  The NGB approved his RE code waiver and authorized his enlistment bonus.  He signed a contract and has been fulfilling his commitment.  He already received $7,500.00 of his bonus and therefore should be granted relief from termination/recoupment and paid the second installment of his enlistment bonus.  A recoupment would put him in a financial hardship.  

	c.  Three years after his enlistment in the WIARNG the NGB determined they made a mistake, he should not have been authorized an enlistment bonus.  There is no evidence of fraud, misrepresentation, fault or lack of good faith on his part regarding his enlistment bonus.  He has been satisfactorily fulfilling his obligatory commitment thus far and remains in good standing with the WIARNG.


3.  The applicant provides:

* Enlistment waiver, dated 17 February 2009
* Enlistment contract 

CONSIDERATION OF EVIDENCE:

1.  The applicant was discharged from the U.S. Marine Corps on 4 January 2008 after completing 12 years, 1 month, and 28 days.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

* he was discharged under honorable conditions (a general discharge) for misconduct
* he received an RE code of 4

2.  On 17 February 2009, he received a waiver (RE code – misconduct) to enlist in the WIARNG.  He enlisted in the WIARNG on 27 February 2009 for a period of 6 years.  His enlistment contract shows:

* he enlisted for a $15,000.00 PSEB
* his bonus would be paid in two 50% installments
* the initial installment of 50% would be processed for payment upon enlistment
* the second and final installment of 50% would be processed for payment on the third year anniversary of enlistment

3.  Annex X (Prior Service Enlistment Bonus Addendum Army National Guard of the United States) to his enlistment contract, section II (Eligibility), states “Upon my enlistment in the Army National Guard of the United States I am eligible for a prior Service Enlistment Bonus under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria.”  Paragraph 7 of section II states, “I have received an honorable discharge for all periods of prior military service.”  

4.  In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Washington, D.C.  The advisory official points out:
	
	a.  In accordance with paragraph 10-5 of Army Regulation 601-210 (Active and Reserve Components Enlistment Program), to receive the PSEB an applicant "must have received an honorable discharge at the conclusion of his or her last period of service."  The applicant was discharged from the U.S. Marine Corps for misconduct (although he contends he was separated for "service limitation").  He received a waiver to enlist in the ARNG on 17 February 2009.  He was awarded a $15,000.000 PSEB.  He has received $7,500.00 in payment.  Action has now been taken to recoup the first $7,500.00 and to deny payment of the second half of the bonus.

	b.  Awarding him the bonus was an error by ARNG recruiting officials.  The Army policy stated above mirrors the statute governing PSEBs for Reserve components.  As such, awarding the bonus was not authorized.  The applicant, however, enlisted in good faith.

5.  The advisory official recommends granting partial approval of the applicant's request by permitting him to retain that portion of the bonus already paid thereby cancelling any recoupment action and denying payment of the additional $7,500.00. 

6.  A copy of the advisory opinion was provided to the applicant to provide comment or rebuttal.  The applicant did not respond within the given time frame.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests payment of his PSEB in the amount of $15,000.00.

2.  Evidence shows he was discharged from the U.S. Marine Corps on 4 January 2008 with a general discharge.  He received a waiver to enlist in the ARNG and he enlisted in the WIARNG on 27 February 2009 for a $15,000.00 PSEB.  He received the first installment ($7,500.00) of his bonus upon his enlistment in the WIARNG.  
 
3.  The governing regulation states to receive the PSEB an applicant must have received an honorable discharge at the conclusion of his or her last period of service.  Since he was discharged from the U.S. Marine Corps on 4 January 2008 with a general discharge, he should not have been authorized the bonus.

4.  The advisory opinion points out awarding him the bonus was an error by ARNG recruiting officials.  

5.  Annex X of his enlistment contract told him that he was not eligible for the PSEB since he had not received an honorable discharge from the U.S. Marine Corps.  However, per the advisory opinion recommendation, it would be equitable to allow him to retain the first installment of $7,500.00.  His military records should be corrected by cancelling any recoupment action and denying payment of his second installment of $7,500.00.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a. cancelling any recoupment action; and

b.  denying payment of the second installment ($7,500.00) of the PSEB.  
 
2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to paying him the PSEB in the amount of $15,000.00.  




      _______ _   __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)                                         AR20120006567



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ABCMR Record of Proceedings (cont)                                         AR20120006567



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