IN THE CASE OF:	  

		BOARD DATE:  16 October 2012

		DOCKET NUMBER:  AR20120007129 


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:

* payment of the second installment of his $15,000.00 prior-service enlistment bonus (PSEB)
* the debt collection of the first installment of this PSEB be stopped

2.  The applicant states he was denied the payment of the second half of his PSEB because the paperwork was not signed by the proper authority and/or supposedly was not assigned a Bonus Control Number upon his reenlistment.  He received the first installment but when he requested the second installment in October 2011, he was told the form he used upon reenlisting was obsolete.  He feels this error was not caused by him.  It was not his fault that the paperwork was not done to standards and he should not have to be penalized by losing the second installment and paying back the first installment.

3.  The applicant provides a:

* PSEB exception to policy request
* National Guard Bureau (NGB) denial letter
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* NGB Form 600-7-6-R-E (Annex X to DD Form 4 (PSEB Addendum – ARNG of the United States))
* 
NGB Form 21 (Annex A to DD Form 4 (Enlistment/Reenlistment Agreement - ARNG))
* NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Student Loan Repayment Program Addendum - ARNG))
* NGB Form 590 (Statement of Understanding of Reserve Obligation and Responsibilities)
* DD Form 1966 series (Record of Military Processing - Armed Forces of the United States)
* Orders 366-017 (military occupational specialty (MOS) orders)
* NGB Form 22 (Report of Separation and Record of Service)
* High School diploma
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 010-040 (discharge orders from the U.S. Army Reserve (USAR))
* DA Form 7249-R (Certificate and Acknowledgement of Service Requirements and Methods of Fulfillment for Individuals Enlisting or Transitioning into the Army National Guard (ARNG))
* DA Form 5435-R (Statement of Understanding – the Selected Reserve Montgomery GI Bill)
* Standard Form 86 (Questionnaire for National Security Positions)
* Allied documents to DD Form 4, including birth certificate, social security cards, police record check, etc

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Massachusetts Army National Guard (MAARNG) on 15 May 1997.  He entered active duty for training (ADT) on 22 June 1997 and he completed training for MOS 62J (General Construction Equipment Operator). He was released from ADT on 17 October 1997.

2.  He was ordered to active duty on 24 February 2003 and subsequently served in Kuwait/Iraq from 15 May 2003 to 2 May 2004.  He was honorably released from active duty on 5 June 2004.

3.  He was honorably discharged from the ARNG on 11 December 2004.  His NGB Form 22 shows he completed 7 years, 6 months, and 27 days of total service for pay.

4.  He enlisted in the Connecticut ARNG (CTARNG) for 6 years on 27 October 2008.  He was assigned to the 248th Engineer Company, Norwich, CT.  His
DD Form 4 does not contain any incentives in section B (Agreements - Remarks).  The DD Form 4 is also not signed by the Service Representative.

5.  In connection with this enlistment he signed various allied documents, including an NGB Form 600-7-6-R-E.  This annex shows the entry "Upon my enlistment in the ARNG, I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria":

* I have completed not more than 16 years of total military service
* I am qualified in and hold the primary MOS for which I am enlisting and hold the rank/grade of the required grade of the position
* I am not enlisting into an excess position or a Title 10 or Title 32 Active Guard Reserve tour
* I have received an honorable discharge for all periods of prior military service
* I will receive a total bonus payment in the amount of $15,000.00 for a
6-year enlistment; to be paid in two 50% installments of $7,500.00, less taxes
* The first 50% installment will be processed for payment upon enlistment if I am already MOS qualified for the position for which I am enlisting
* The second and final 50% installment will be processed for payment on the 36-month anniversary of the date of enlistment

6.  The applicant authenticated this annex by placing his full name, unit, signature, and date (27 October 2008).  However, the annex does not contain a Bonus Control Number and it is not signed or certified by a service representative.

7.  His NGB Form 21 shows he agreed to undergo training in MOS 21J (General Construction Equipment Operator).  He and his recruiter authenticated this form on the same date he signed his DD Form 4 (27 October 2008).

8.  His DD Form 1966 is authenticated by him and a recruiting official in the rank of sergeant in the ARNG.  His DD Form 1966 is not authenticated by an ARNG career counselor.

9.  On 31 December 2008, the CTARNG published Orders 366-017 awarding the applicant MOS 21J.

10.  On 23 January 2012, in response to an exception to policy request submitted by the applicant, the Deputy G-1, NGB, denied relief.  The NGB official further directed State Incentive Manager to terminate the incentive with full recoupment. He added:

* In accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06, effective 10 August 2007 through 28 February 2009, eligible applicants were offered the bonus
* The applicant enlisted in the ARNG on 27 October 2008 for MOS “12N” (Horizontal Construction Engineer); however, the addendum he signed was obsolete and the witnessing official portion was left blank
* His DD Form 4 shows there were no annexes and his DD Form 1966 contained no promise of any bonus anywhere on that document
* A bonus control number was not processed in the Information Management and reporting Center (iMARC) until 2 January 2009

11.  On 26 January 2012, the applicant was notified by the State Incentive Manager that discrepancies were found in his PSEB incentive contract that required termination and recoupment of the amount already paid ($7,500.00).  The reason for the recoupment is stated as follows:

* He signed an obsolete addendum
* The witnessing official portion was left blank
* The DD Forms 4 and 1966 did not list any incentive
* A bonus control number was not requested in iMARC until several months later

12.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-5, states enlistment bonus contracts are valid only with bonus control numbers that 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.

13.  Title 37, U.S. Code, section 308i(a)(2)(A), in effect at the time, stated a person who is a former enlisted member of an armed force who enlists in the Selected Reserve for a period of 3 or 6 years in a critical military skill designated for a PSEB maybe paid such a bonus only if the person has not more than
16 years (changed to 20) of total military service and received an honorable discharge at the conclusion of all prior periods of service.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted in good faith for a period of 6 years.  In exchange, the ARNG promised to pay him a $15,000.00 PSEB, if he met the qualifications.  He received his first installment upon award of his MOS.  When the second installment was due, the applicant was denied payment because his paperwork was not done correctly.

2.  It appears that no official certifying service representative authenticated the annex and the recruiter failed to request a bonus control number.  To make matters worse, when he submitted an exception to policy for payment of the second installment, the State and the NGB penalized him for the failure of recruiting officials and the State Incentive Manager in processing his paperwork correctly.  The bonus incentive was promised for "service in the ARNG" and is paid (or recouped) depending on the applicant's service, not on recruiting administrative errors.

3.  It is evident that some errors were committed in the processing of his enlistment (the Service Representative also did not sign the DD Form 4) and that none of this was the applicant's 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, the State Incentive Manager, or the NGB.  He met all of the requirements he agreed to on his PSEB contract; therefore, there should be no recoupment of the payment of his initial installment and he should be entitled to receive payment of the remaining 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:

* showing he enlisted for MOS 21J and received a valid bonus control number upon enlistment in the CTARNG for a PSEB in the amount of $15,000.00, and all required enlistment documents were properly prepared and signed in a timely manner
* terminating any recoupment action of the first installment payment of $7,500.00 and reimbursing him any monies already collected
* paying him from Army National Guard funds the remaining bonus amount as a result of 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)                                         AR20120007129



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ABCMR Record of Proceedings (cont)                                         AR20120007129



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