IN THE CASE OF:	  

		BOARD DATE:	  13 December 2012

		DOCKET NUMBER:  AR20120009279 


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 an affiliation bonus authorized in conjunction with his 21 January 2009 enlistment in the Army National Guard (ARNG).  

2.  He states he enlisted as non-military occupational specialty (MOS) qualified for the duty position and as a result, a bonus control number (BCN) could not be requested at that time.  In accordance with the bonus annex, 24 months are allowed to become MOS qualified and the bonus would be paid.

3.  The applicant adds that he became MOS qualified within the allotted time, but the ability to request a BCN was no longer available.  He enlisted for 6 years into an MOS that was required to pay a bonus, yet he has not received this bonus. 

4.  He provides:

* a DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* a National Guard Bureau (NGB) Form 600-7-4-R-E (Annex B to DD Form 4 – Enlisted Affiliation Bonus Addendum – ARNG of the United States)
* advanced individual training (AIT) orders
* a DD Form 214 (Certificate of Release or Discharge from Active Duty)
* an Army Board for Correction of Military Records checklist



CONSIDERATION OF EVIDENCE:

1.  After having served 4 years, 2 months, and 5 days of honorable enlisted service in the U.S. Marine Corps, the applicant enlisted in the ARNG on 
21 January 2009 for a period of 6 years.  A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows he enlisted for a $20,000.00 Enlisted Affiliation Bonus and for training in MOS 35M (Human Intelligence Collector).  Both the applicant and his recruiter signed this document.

2.  An NGB Form 600-7-4-R-E completed in conjunction with this enlistment shows he was entitled to an Enlisted Affiliation Bonus based on meeting the requirements of National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)).  Page 5 of this document contains the statement:  "No promises were made to the applicant as a condition of entitlement to the affiliation bonus."  The applicant and the enlisting official authenticated the addendum with their signatures on 21 January 2009; however, no BCN was listed.  

3.  He provided Orders 288-409, dated 15 October 2009 that show he was scheduled to attend AIT for MOS 35M starting on 19 October 2009.  The 
DD Form 214 he provided shows he was released from active duty for training on 18 March 2010 and was awarded MOS 35M. 

4.  During the processing of this case, an advisory opinion was obtained from the NGB, Incentives and Budget Branch, Enlisted Accessions Division.  

	a.  The NGB recommended denial of his request to be paid the Enlisted Affiliation Bonus.  

	b.  The applicant was non-MOS qualified at the time of enlistment in the ARNG.  The SRIP policy in effect at the time only offered the Enlisted Affiliation Bonus if MOS qualified and did not offer retraining.  He became MOS qualified 14 months after his initial enlistment.

	c.  The NGB Form 600-7-4-R-E he signed on 21 January 2009 shows he contracted for a $20,000.00 Enlisted Affiliation Bonus and he acknowledged that he met the eligibility criteria, which was to be MOS qualified.  However, the applicant was not MOS qualified at the time and he initialed this document confirming that he read and understood the contents of the addendum.  

5.  The applicant was provided a copy of the advisory opinion for rebuttal/response.  No response was received. 

6.  National Guard Regulation 600-7, chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs which are issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to the NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for BCNs, the accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and evaluate the required educational level.

7.  NGB Policy Number 07-06, dated 10 August 2007 (updated 15 March 2010), subject:  ARNG SRIP Guidance for Fiscal Year 2007, 2008, and 2009 states prior-service personnel are entitled to a bonus provided they are otherwise qualified and had 24 months to become MOS qualified if enlisting under a 6 year prior service enlistment contract.  On 1 April 2009, this portion of the policy changed and Soldiers had to be MOS qualified for the duty position for which enlisting.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should receive payment of a $20,000.00 Enlisted Affiliation Bonus as outlined in his 21 January 2009 enlistment contract.

2.  The evidence of record shows the applicant executed a 6-year enlistment in the ARNG in good faith and complied with all terms of the contract offered to him.  His enlistment contract promised him a $20,000.00 bonus and the MOS for which he contracted was authorized a bonus.  However, a BCN was not issued at the time because he was not MOS qualified.  This deprived him from receiving his bonus.

3.  Notwithstanding the NGB advisory opinion which states the SRIP policy in effect at the time only offered the Enlisted Affiliation Bonus if MOS qualified at the time of enlistment and did not offer retraining, that portion of the policy became effective 1 April 2009.  However, the applicant enlisted on 21 January 2009 and was authorized 24 months to become MOS qualified from contract start date.  

4.  The applicant met all of the requirements he agreed to in his enlistment 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 the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected to show he:

     a.  received a valid BCN upon enlistment in the ARNG for the Enlisted Affiliation Bonus in the amount of $20,000.00;

     b.  is eligible for payment of the Enlisted Affiliation Bonus in accordance with the terms of his enlistment contract, and

    c.  be paid the Enlisted Affiliation Bonus out of Army National Guard funds as specified in his enlistment contract.




      _______ _   _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)                                         AR20120009279





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ABCMR Record of Proceedings (cont)                                         AR20120009279



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