BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120006943 


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 the remaining portion of his Non-Prior Service (NPS) Enlistment Bonus based on his enlistment contract with the Delaware Army National Guard (DEARNG).

2.  The applicant states he enlisted in the DEARNG for a $20,000.00 bonus with a valid bonus control number in June 2008.  An erroneous enlistment was identified in October 2008 through no fault of his own.  Within 3 weeks he was told to sign another enlistment contract, in November 2008, and he was told the bonus addendum from the previous contract was still valid.  He was paid the first $10,000.00 bonus installment upon completion of Initial Active Duty Training (IADT); however, 3 years later, the National Guard Bureau (NGB) denied the remainder of the bonus and issued a recoupment of the paid bonus monies due to the contract issue.  He further states the mistake was not his and he would not have enlisted had he known he would not receive the bonus.

3.  The applicant provides:

* a self-authored statement, dated 27 March 2012
* DD Form 4/1 and 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 12 June 2008
* DD Form 4/1 and 4/2, dated 21 November 2008
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 - NPS Enlistment Bonus Addendum), dated 12 June 2008


* Guard Annex pages 1 through 8, Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, dated 12 June 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the DEARNG on 12 June 2008 for a period of
8 years in the rank/grade of private (PV1)/E-1.  He provides and his record contain a second DD Form 4/1 and 4/2 that shows he enlisted in the DEARNG on 21 November 2008.

2.  In connection with the applicant's enlistment, he and his enlisting official signed Annex E to his DD Form 4 on 12 June 2008.  This form shows in:

	a.  Section II (Eligibility), paragraph 7 (NPS Critical Skill Bonus (50/50 payment)), the entry "I am enlisting into a Critical Skill Military Occupational Specialty (MOS) under the 6x2 or 8x0 enlistment option and will receive an NPS Critical Skill Bonus (50/50 payment)."

	b.  Section III (Payments), paragraph 1, the entry "I will receive a total bonus of $20,000.00 for the enlistment bonus options above less taxes."

	c.  Section III, paragraph 2, the entry "I will receive my first bonus payment of 50% of the total authorized amount entered above, less taxes, when I complete IADT, and I am awarded the MOS for which I enlisted."

	d.  Section III, paragraph 3, the entry "The second and final payment of 50% will be paid on the 36th month anniversary of my date of enlistment."

	e.  Section IX (Certification by Service Representative), this annex is authenticated by the signature of the enlisting official.  A Bonus Control Number is not listed.

3.  The applicant’s record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 2 October 2009 that shows he completed the 6-week Motor Transport Operator Course for military occupational specialty 88M (Motor Transport Operator) in 2009.

4.  During the processing of this case, on 20 April 2012 an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Chief, Incentives and Budget Branch, Enlisted Accessions Division.  The advisory official 


recommended granting administrative relief to the applicant.  The advisory official stated the NGB denied payment of the applicant's enlistment incentives because of a late bonus control number.  The applicant originally enlisted in the DEARNG on 12 June 2008, but due to an erroneous contract, he was separated from that enlistment and executed a new contract on 11 November 2008.  The applicant was advised that the incentives language from the 12 June 2008 contract would carry over to the newly executed 11 November 2008 contract.  Apparently, the first contract was used to pay the applicant an initial $10,000.00 installment of his bonus, but 3 years later, the Defense Finance and Accounting Service refused to pay the second installment citing the defective contract.  The applicant was not at fault.  He completed his MOS 88M training and he was later deployed.  Failure of the guidance counselors to prepare new incentive addenda when he enlisted the second time resulted in the denial of payment.  In addition, it should be noted that the MOS was a bonus MOS during both contract dates.

5.  On 23 April 2012, a copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

6.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, 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 evidence of record confirms that at the time of his enlistment the applicant was promised a $20,000.00 NPS Critical Skill Enlistment Bonus as evidenced by the entries on the bonus addendum that he completed with his enlisting official.

2.  He enlisted for the critical MOS of 88M under the 6x2 or 8x0 enlistment option and the MOS was authorized the bonus.  For unknown reasons, the enlisting official apparently failed to have him sign an NPS Enlistment Bonus Addendum that contained a valid bonus control number.  Yet, he completed MOS training, and continues to serve the terms of his enlistment.


3.  It is evident that errors were committed in the processing of his enlistment and that none of this was his fault.  He enlisted in good faith and continues to serve the terms of his enlistment.  He should not be penalized for errors committed by recruiting officials.  He met all of the requirements he agreed to on his contract; therefore, he should be entitled to receive payment of the bonus.

BOARD VOTE:

__x___  ____x____  __x______  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  showing he was issued an Annex E to DD Form 4 for the NPS Critical Skill Bonus in the amount of $20,000.00, in connection with his enlistment in the NEARNG on 21 November 2008;

	b.  showing he enlisted on 21 November 2008 for an NPS Critical Skill and received a valid Bonus Control Number upon enlistment in the NEARNG for the enlistment bonus in the amount of $20,000.00; and

	c.  paying him, from Army National Guard funds, the remaining portion of his bonus as specified in his enlistment contract based on the above corrections.



      _________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)                                         AR20120006943



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ABCMR Record of Proceedings (cont)                                         AR20120006943



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