IN THE CASE OF:
BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120008995
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 to be paid the remainder of his prior-service enlistment bonus (PSEB).
2. The applicant states he enlisted in the New Jersey Army National Guard (NJARNG) for a period of 6 years, training as a cavalry scout, and a $15,000.00 PSEB. He states he completed his training and turned in his request for payment of his PSEB. He further states the National Guard Bureau (NGB) has now terminated his bonus almost 1 year after it was due because the enlisting official did not sign it and because it was done on an obsolete form.
3. The applicant provides a copy of his enlistment contract and his request for an exception to policy.
CONSIDERATION OF EVIDENCE:
1. The applicant served 3 years in the Regular Army as a parachute-qualified Avenger crewman and was honorably released from active duty in pay grade E-4 on 22 August 2003 due to completion of required service.
2. On 6 March 2009, he enlisted in the NJARNG for a period of 6 years, training as a cavalry scout, and a $15,000.00 PSEB. He completed training as a cavalry scout on 27 February 2011.
3. On 10 April 2012, NGB denied his request for an exception to policy to retain his $15,000.00 PSEB because the enlisting official failed to sign and date the addendum and because it was executed on an obsolete form. NGB officials directed the State Incentive Manager to terminate the bonus contract without recoupment.
4. The applicant's NGB Form 600-7-3-R-E (Annex X to DD Form 4 PSEB Addendum ARNG of the United States) provided that he would receive a total bonus amount of $15,000.00 for a 6-year enlistment, to be paid in two 50-percent increments of $7,500.00, less taxes. The first 50-percent installment would be processed upon enlistment if he was already military occupational specialty (MOS) qualified. If not MOS qualified for the position for which he was enlisting, his first 50-percent installment would be processed upon successful completion of MOS training provided it was completed within 24 months of enlistment. The second and final installment for payment would be processed on the 36-month anniversary of the date of enlistment. The addendum was not signed by the service representative and does not contain a bonus control number (BCN).
5. The version of the NGB Form 600-7-3-R-E he executed is dated 1 October 1986 and specifies that previous editions are obsolete.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant entered into a written agreement under NGB Form 600-7-3-R-E on 4 March 2009 in good faith that authorized him to receive a $15,000.00 PSEB in conjunction with his 6-year enlistment agreement. It is apparent based on the date of the agreement that the bonus was used as an incentive to entice the applicant to agree to enlist in the NJARNG for 6 years.
2. The bonus addendum does not contain a BCN and it was not signed by the service representative. However, it is filed in his official records as part of his enlistment contract.
3. The evidence indicates he has met the eligibility requirements to receive payment for the PSEB. The proper preparation of enlistment documents rests with recruiting officials and not the individual being recruited. Therefore, he should not be penalized for the administrative errors committed by ARNG staff.
4. In view of the available evidence, it would be equitable to provide the applicant relief in this case. As such, it would be appropriate to correct his records by showing that a proper NGB Form 600-7-3-R-E was prepared with a BCN and was properly executed and signed, and to pay him the PSEB in the amount of $15,000.00 according to the terms of his corrected PSEB addendum.
BOARD VOTE:
________ ________ ________ 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 State ARNG and Department of the Army records of the individual concerned be corrected by showing he properly executed and signed the correct PSEB addendum in a timely manner and paying him the PSEB due in accordance with the corrected bonus addendum entered into at the time of his 6 March 2009 enlistment in the NJARNG from ARNG funds.
_________________________
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) AR20120008995
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ABCMR Record of Proceedings (cont) AR20120008995
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