IN THE CASE OF:
BOARD DATE: 15 January 2013
DOCKET NUMBER: AR20120009504
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 correction of his record to authorize payment of the second half of his enlistment bonus.
2. The applicant states when he enlisted in the Oklahoma Army National Guard (OKARNG) he was told he was authorized a $15,000.00 enlistment bonus. He claims he received half the bonus. However, in 2011 when he was supposed to receive the second half of the bonus, he was told because of a mix up in the date of his bonus document he would not receive the second half of the bonus. He states he is unsure of the problem but needs the second half of his bonus.
3. The applicant provides:
* National Guard Bureau (NGB) Memorandum, Subject: Request for Exception to Policy for Prior Service Enlistment Bonus (PSEB), dated
6 December 2011
* his DA Form 2823 (Sworn Statement), dated 23 July 2011
* DD Form 1966/3 (Record of Military Processing-Armed Forces of the United States)
CONSIDERATION OF EVIDENCE:
1. After previously serving 7 years, 10 months, and 24 days in the Regular Army and 1 year in the OKARNG, he enlisted in the OKARNG on 5 June 2008 for a period of 6 years.
2. The applicant and his recruiter signed his DD Form 1966 on 6 June 2008.
a. Item 32a (Specific Option/Program Enlisted For) on the DD Form 1966/3 indicates he was enlisting for a PSEB.
b. Section VI - Remarks on DD Form 1966/4 indicates he was enlisting for a position in military occupational specialty (MOS) 88M.
3. An NGB Form 600-7-6-R-E, titled Annex X PSEB Addendum ARNGUS, completed during his enlistment processing shows he was authorized a PSEB of $15,000 for a 6-year enlistment in the ARNG in MOS 88M. The NGB Form 600-7-6-R-E was signed by the applicant and his service representative on
22 September 2008.
4. A DA Form 1059 (Service School Academic Evaluation Report), dated 3 May 2009, shows he achieved course standards for MOS 88M Phase 1.
5. DA Forms 2166-8 (NCO Evaluation Report) for the periods ending
30 November 2009, 30 November 2010, and 30 November 2011 show he was awarded and is working in MOS 88M.
6. On 6 December 2011, the NGB denied his request for an exception to policy to retain his $15,000 PSEB and directed the State Incentive Manager to terminate the applicant's incentive eligibility. The basis for this action was that the applicant signed his DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) enlisting the OKARNG on 5 June 2008; however, he did not sign his NGB Form 600-7-6-R-E until 22 September 2008. Additional research of the Information Management and Reporting Center (IMARC) reflects that a Bonus Control Number (BCN) was requested on 21 June 2008 which was retroactive to the extension date. Because a BCN was not requested when he enlisted and because the bonus addendum was signed after he enlisted, the government's intent to offer him an incentive could not be validated. The ARNG granted relief from recoupment of the $7,500 payment he had already received.
7. Army Regulation 135-7 (Army National Guard and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the ARNG and U.S. Army Reserve incentive programs. Chapter 2-1 contains guidance on the administration of the PSEB. Soldiers meeting the eligibility criteria may be awarded a PSEB.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to be paid the PSEB he was promised in conjunction with his 2008 enlistment in the OKARNG has been carefully considered and found to have merit.
2. The entries in Item 32a and Section VI of his DD Form 1966 clearly show it was the government's intent to enlist him with a PSEB. The bonus addendum confirms he was promised a PSEB of $15,000 for enlistment in the OKARNG in 2008. It appears that as a result of an administrative error on the part of State recruiting officials, the PSEB addendum was not properly signed on 5 June 2008, the date of his enlistment, and was instead signed on 22 September 2008.
3. He was awarded the MOS for which he was enlisted and continues to serve the enlistment for which the PSEB was awarded.
4. The evidence shows the action terminating the applicant's eligibility for the PSEB was the result of an administrative error and was through no fault of the applicant. Therefore, because the applicant was otherwise eligible to receive the PSEB and based on the moral commitment made by the Army, the fact the PSEB addendum was improperly dated should not result in the applicant being denied the bonus he was eligible for and promised. Therefore, it would be appropriate and serve the interest of justice and equity to correct the record to show the applicant enlisted and signed the PSEB annex on 5 June 2008. As a result of this correction, the applicant should be paid any remaining portion of the PSEB due.
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 all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing he signed his DD Form 4 and Annex X, Bonus Addendum on 5 June 2008, and by paying him any remaining portion of the PSEB due. Payment of this bonus should come from Army National Guard funds.
_______ _ _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) AR20120009504
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