IN THE CASE OF:	  

		BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120006742 


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 non-prior service (NPS) enlistment bonus which was agreed upon when he enlisted in the Nebraska Army National Guard (NEARNG) in accordance with his contract.

2.  The applicant states that upon his enlistment in the NEARNG on 4 March 2010, he incorrectly dated the bonus addendum as 5 March 2010, which he believes caused his bonus to be null and void.  He further states it was a stressful day for him and this simple lapse in judgment caused him to incorrectly date the addendum.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States
* National Guard Bureau (NGB) Form 600-7-1 (Annex E to DD Form 4 – NPS Enlistment Bonus Addendum)
* memorandum requesting an exception to policy, dated 19 April 2011
* memorandum requesting an exception to policy, dated 25 April 2011
* memorandum requesting an exception to policy, dated 12 May 2011
* three DA Forms 2823 (Sworn Statement)



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the NEARNG on 4 March 2010 for a period of 8 years in the rank/grade of private/E-1.

2.  In connection with the applicant's enlistment, he and his recruiter signed Annex E to his DD Form 4 on 5 March 2010.  This form shows in:

	a.  Section II (Eligibility), paragraph 7 (NPS Critical Skill Bonus (50/20/30 Payment)), the entry, "I am enlisting into a Critical [Unit Identification Code]/Skill 88M (per SRIP [Selected Reserve Incentive Program] policy) to serve no less than 6 years in a paid drill status for $10,000.00."

	b.  Section IV (Payments), paragraph 1, the entry, "I will receive a total bonus of $10,000.00 for the enlistment bonus options in Section II."

	c.  Section IV, paragraph 2, the entry "I understand that I will forfeit 50% of the total bonus amount if I do not ship on the original scheduled IADT [initial active duty training], STO [split training option] 1 or STO 2 ship date of 24 August 2010."

	d.  Section IV, paragraph 8, the entry, "I understand that I will not receive a payment until all requirements have been met and my qualification has been verified by the State Incentive Manager."

	e.  Section IX (Certification by Service Representative) is authenticated by the signature of the enlisting official and incentive manager.  A Bonus Control Number "E10030005NE" is listed.

3.  Orders 0063003 issued by the Military Entrance Processing Station, Omaha, NE, dated 4 March 2010, show the applicant was scheduled to report to basic training at Fort Leonard Wood, MO, on 24 August 2010 and to advanced individual training (AIT) on 8 November 2010 at the same location.

4.  Orders 335-1453 issued by Headquarters, U.S. Army Maneuver Support Center of Excellence, Fort Leonard Wood, show he completed AIT and he was awarded military occupational specialty 88M on 16 December 2010.

5.  On 25 April 2011, the Military Personnel Officer, NEARNG, requested an exception to policy from the NGB to allow the applicant to receive payment of his NPS enlistment bonus on behalf of the applicant.

6.  On 12 May 2011 in a memorandum, the Chief, Education, Incentives, and Employment Division, NGB, denied the request for an exception to policy for the applicant to retain a $10,000.00 NPS Critical Skill Enlistment Bonus.  In accordance with SRIP guidance for Fiscal Year 2010, 1 March 2009-15 June 2010 (Policy Number 07-06) with updates 15 March 2009, a $20,000.00 NPS Critical Skill Enlistment Bonus was offered at the time of the applicant's enlistment.  The applicant enlisted in critical skill 88M.  Upon review of the substantiating documentation, the applicant did not sign the bonus addendum on 4 March 2010, which was the date of his enlistment; however, he did sign the bonus addendum the following day; therefore, making the bonus addendum invalid.  Army Regulation 135-7 (Incentive Programs), paragraph 1-6, states, "retroactive entitlement or reinstatement based on the revised or amended policy contained in this regulation is NOT authorized."  The applicant does not meet the eligibility criteria for the $10,000.00 NPS Critical Skill Enlistment Bonus and is ineligible to retain the incentive.

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), paragraph 2-5, provides that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be paid a $10,000.00 NPS Critical Skill Enlistment Bonus promised to him in his enlistment contract was carefully considered and found to have merit.

2.  The applicant enlisted under the NPS Critical Skill Enlistment Bonus Program for a total bonus of $10,000.00 in MOS 88M for a period of 6 years.  The evidence shows the applicant entered into the contract in good faith.  It further confirms the applicant was promised a $10,000.00 NPS Critical Skill Enlistment Bonus in conjunction with this enlistment and that this commitment was documented in the enlistment documents prepared.

3.  Notwithstanding NGB's position, it is very reasonable to presume administrative oversight on the part of the applicant, enlisting official, and incentive manager by failing to ensure the addendum was correctly dated.  The evidence shows the applicant fulfilled the requirements of his enlistment contract and upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the enlistment bonus according to the parameters of his enlistment contract.

BOARD VOTE:

____x___  ____x___  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  showing he and the appropriate officials signed a properly-prepared Annex E upon his 4 March 2010 enlistment in the NEARNG for an NPS Critical Skill Enlistment Bonus in the amount of $10,000.00;

	b.  showing he is eligible for payment of the bonus in accordance with the terms of his enlistment contract; and

	c.  paying him his bonus as specified in his enlistment contract out of ARNG funds, less taxes.



      _____________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)                                         AR20120006742



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120006742



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1