IN THE CASE OF:
BOARD DATE: 12 July 2012
DOCKET NUMBER: AR20120009758
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 his enlistment bonus.
2. The applicant states in 2008 when he enlisted in the Massachusetts Army National Guard (MAARNG) he was authorized a $7500.00 enlistment bonus. He claims he received half the bonus but 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 bonus. He states he is unsure of the problem but needs the second half of his bonus.
3. The applicant provides the following documents in support of his request:
* DD Form 4 (Enlistment/Reenlistment Document), dated 29 June 2008
* National Guard Bureau (NGB) Memorandum, Subject: Request for Exception to Policy for Prior Service Enlistment Bonus (PSEB), dated 18 January 2012
* DD Form 1966/1-6 (Record of Military Processing-Armed Forces of the United States)
* Annex X to DD Form 4 (PSEB Addendum, Army National Guard of the United States (ARNGUS), dated 31 July 2008
CONSIDERATION OF EVIDENCE:
1. After previously serving on active duty in the U.S. Marine Corps (USMC) for
4 years, on 29 June 2008 the applicant enlisted in the MAARNG for 3 years. An NGB Form 600-7-6-R-E, titled Annex X PSEB Addendum ARNGUS, completed during his enlistment processing shows the applicant was authorized a PSEB of $7,500 for a 3-year enlistment in the ARNG in military occupational specialty (MOS) 88N. The NGB Form 600-7-6-R-E was signed by the applicant and his service representative on 31 July 2008.
2. On 18 January 2012, the NGB Deputy G-1 denied the applicant's request for an exception to policy to retain his $7,500.00 PSEB and directed the State Incentive Manager to terminate the applicant's incentive eligibility with recoupment. The basis for this action was that the applicant signed his DD Form 4 enlisting the MAARNG on 29 June 2008; however, did not sign his NGB Form 600-7-6-R-E until 31 July 2008. This official further directed the State Incentive Manager to terminate the applicant's eligibility for the incentive with recoupment.
3. 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 ARNG has been carefully considered and found to have merit.
2. The evidence of record confirms the applicant was promised a PSEB of $7,500 during his processing for enlistment in the MAARNG 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 29 June 2008, the date of his enlistment, and was instead signed on 31 July 2008.
3. The evidence shows the action terminating the applicant's eligibility for the PSEB with recoupment was the result of this 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 the same date and to pay the applicant 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 Department of the Army records of the individual concerned be corrected by showing he signed his DD Form 4 and Annex X on the same date, 29 June 2008, and by paying him any remaining portion of the Prior Service Enlistment Bonus 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.
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