IN THE CASE OF:	  

		BOARD DATE:  27 November 2012

		DOCKET NUMBER:  AR20120009434 


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 second half of his Non-prior Service Enlistment Bonus (NPSEB).

2.  The applicant states he accepted a temporary military technician position on
5 June 2011 that was supposed to only last for 3 months.  At no time was he counseled on the possible negative effects his technician employment would have on the second disbursement of his NPSEB.  At the time his temporary technician position was extended, he had only been employed for 150 days, well within the 180 day threshold required for him to retain the second half of his NPSEB.

3.  The applicant provides:

* a memorandum from the commander of his Missouri Army National Guard (MOARNG) unit, subject:  Exception to Policy for (applicant's name), dated 24 January 2012
* a sworn statement, dated 3 April 2012
* a Selected Reserve Incentive Program (SRIP) timeline of events

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MOARNG on 28 October 2008 for a period of
8 years in the rank/grade of private (PV1)/E-1.

2.  In connection with the applicant's enlistment, he and his recruiter signed Annex E to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) (NPSEB Addendum).  This form shows in:

	a.  Section II (Eligibility), paragraph 7, the entry "I am enlisting into a CRITICAL SKILL MOS under the 6x2 or 8x0 enlistment option and will receive a 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 option above, less taxes.

	c.  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."

3.  On 1 May 2009, he entered initial active duty training (IADT).  He completed training and he was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist).  He was released from IADT on 23 October 2009, to the control of his ARNG unit.

4.  Orders 260-00370, issued by the U.S. Army Combined Arms Support Command, Fort Lee, VA, dated 17 September 2009, awarded the applicant primary MOS 92A.  These orders indicate he enlisted for the U.S. Army cash bonus award enlistment option.

5.  During the processing of this case, on 11 June 2012, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory official recommended approval of the applicant's request and stated:

	a.  In reviewing the applicant's case, the applicant was not paid the final payment of his enlistment bonus while he was serving as a temporary military technician for less than 6 months.

	b.  The applicant enlisted into the ARNG on 28 October 2008.  He qualified for and accepted a $20,000.00 enlistment bonus.  Bonus disbursement was scheduled for 23 October 2009 and 28 October 2011.  The applicant assumed duties as a temporary military technician on 5 June 2011.  By regulation, a Soldier on temporary military technician orders is entitled to retain this incentive if he/she serves less than 180 days.  At 180 days, the incentive would be terminated without recoupment.  On the date the final $10,000.00 payment was scheduled, the applicant had served less than 180 days as a temporary military technician.


	c.  Recommend the Board find in favor of the applicant and authorize correction of his military records and the final $10,000.00 payment of his enlistment bonus.

6.  On 28 June 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

7.  National Guard Regulation 600-7 (SRIP), paragraph 2-8, provides that entitlement to and eligibility for an enlistment bonus is terminated effective the date the Soldier accepts a position as a military technician (includes temporary military technician over 179 days and indefinite technician) where membership is a condition of employment effective on the date of employment.  Soldier must have served at least 6 months of the incentive contract following the date of bonus payment eligibility.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be paid the second half of his $20,000.00 NPSEB promised to him in his enlistment contract was carefully considered and found to have merit.

2.  The applicant enlisted under the NPSEB for a $20,000.00 bonus in MOS 92A, a critical skill, for a period of 8 years.  He fulfilled his contractual agreement by completing IADT and holding the MOS.  He received the first half of the bonus but not the second.

3.  The second half of the applicant's bonus disbursement was scheduled for
28 October 2011.  He assumed duties as a temporary military technician on
5 June 2011.  On the date the final $10,000.00 payment was scheduled for disbursement, the applicant had served less than 180 days as a temporary military technician.  Therefore, he is entitled to receive payment for the remaining portion of his enlistment 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 is entitled to payment of the second half of his NPS bonus in accordance with the terms of his enlistment contract; and

	b.  paying him, out of Army National Guard funds, the remaining portion of his bonus as specified in his enlistment contract, less taxes.



      _______ _  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)                                         AR20120009434



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ABCMR Record of Proceedings (cont)                                         AR20120009434



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