IN THE CASE OF:	 

		BOARD DATE:	  18 October 2012

		DOCKET NUMBER:  AR20120007942


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, correction of his records to show his bonus termination date as December 2009 and payment of the second installment of his non-prior service enlistment bonus that was executed on 11 January 2007 in the Illinois Army National Guard (ILARNG).

2.  The applicant states his bonus was terminated on 4 November 2007.  He enlisted in the ILARNG and served from January 2007 to December 2009.  He only received the first installment of his bonus payment despite completing nearly 3 years of service.  He states his record shows he only earned 9 months of his bonus and since he served nearly 3 years, he questions how that could be correct.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) and a memorandum from Headquarters Support Company (HSC), 766th Engineer Battalion, ILARNG, dated 15 December 2009, subject:  Property Clearance Certification – NALE (9476).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ILARNG on 11 January 2007.

2.  In connection with his enlistment, he and his recruiter signed a National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 – Non-Prior Service Enlistment Bonus Addendum).

	a.  Section IV (Suspension) of this form shows the applicant understood his bonus eligibility would be suspended from bonus eligibility if he was flagged (suspension of favorable personnel action) for an adverse action.

	b.  Section V (Termination) of this form shows the applicant understood his bonus eligibility would be terminated with recoupment if he separated from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of his own misconduct.

	c.  He acknowledged and affirmed these provisions of the agreement by placing his signature in the appropriate block.

3.  On 23 January 2007, he entered initial active duty for training (IADT).  He completed basic combat and advanced individual training and was awarded military occupational specialty 74D (Chemical Operations Specialist).  He was released from IADT on 22 June 2007 to the control of his ILARNG unit.

4.  On 4 November 2007, he was flagged for adverse action.  His DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)) does not indicate the nature of the offense for which he was flagged.

5.  On 3 October 2009, he provided a urinalysis sample that tested positive for cocaine.

6.  On 27 October 2009, his immediate commander sent him a memorandum via certified mail which notified him that he was initiating separation action against him from the ILARNG and the Reserve of the Army under the provisions of Army Regulation 135-178 (ARNG and Army Reserve Enlisted Administrative Separations), chapter 12, by reason of misconduct.  As the reason for his proposed action, his commander cited the fact that he tested positive for cocaine during a urinalysis draw.  The applicant was given a suspense date of 11 December 2009 to sign his acknowledgement and return the signed endorsement to his command; however, he did not comply.

7.  On 12 December 2009, his immediate commander recommended his separation from the ILARNG and the Reserve of the Army under the provisions of Army Regulation 135-178, chapter 12, by reason of misconduct.  As the reason for his proposed action, his commander cited the fact that he twice tested positive for cocaine during urinalysis draws.  He further recommended issuance of a general discharge under honorable conditions.

8.  On 9 March 2010, The Adjutant General of the ILARNG approved his discharge and directed issuance of a general discharge under honorable conditions.

9.  Orders 070-169 issued by the ILARNG, dated 11 March 2010, discharged him from the ILARNG and the Reserve of the Army effective 10 March 2010 with an under honorable conditions character of service.  The orders cited National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 6-35, as the authority for this action.

10.  His available records do not contain any documentation related to the payment of or the suspension or termination of his non-prior service enlistment bonus.

11.  Army Regulation 135-178 establishes the policies, standards, and procedures governing the administrative separation of enlisted Soldiers of the ARNG of the United States and the U.S. Army Reserve.  Chapter 12 governs the separation of Soldiers for misconduct.  Paragraph 12-1d states that a Soldier may be discharged for misconduct when it is determined that the Soldier is unqualified for further military service by reason of the abuse of illegal drugs.  Discharge action normally will be based on the commission of a serious offense; however, relevant facts may mitigate the nature of the offense.  Abuse of illegal drugs is serious misconduct.  Therefore, a single drug abuse offense may be combined with one or more disciplinary infractions or incidents of other misconduct and processed for discharge as appropriate.

12.  National Guard Regulation 600-200 prescribes the criteria, policies, processes, procedures, and responsibilities to separate ARNG and ARNG of the United States enlisted Soldiers.

	a.  Paragraph 6-25 (Guidelines on Discharge), subparagraph b, refers discharge authorities to Army Regulation 135-178 when considering enlisted Soldiers not on active duty and those on Full-Time National Guard Duty under Title 32, U.S. Code, for discharge from the ARNG and as a Reserve of the Army.

	b.  Paragraph 6-35 (Separation/Discharge from State ARNG and/or Reserve of the Army) specifies the various reasons, applicability, codes, and board requirements for administrative separation or discharge from the State ARNG, the Reserve of the Army, or both.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid the second installment of his non-prior service enlistment bonus.

2.  The available evidence of record shows he was flagged for adverse action on 4 November 2007.  Based on his statement and the provisions of annex E to his DD Form 4, apparently his bonus eligibility was suspended or terminated.  Later, he was discharged for misconduct.  In accordance with annex E, any previously paid bonus installments should have been recouped based on his discharge for misconduct.  Therefore, he is not entitled to payment of a second bonus installment.

3.  In view of the foregoing, there is an insufficient basis to grant the requested relief.

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 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.
ABCMR Record of Proceedings (cont)                                         AR20110022499



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ABCMR Record of Proceedings (cont)                                         AR20120007942



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