BOARD DATE:	  16 May 2013

		DOCKET NUMBER:  AR20120018912 


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, in effect:

* correction of his enlistment contract in the Illinois Army National Guard (ILARNG) to include his Non-Prior Service Enlistment Bonus (NPSEB) Addendum signed on 1 September 2009
* cancellation of recoupment of the first installment payment of this bonus
* receipt of the next installment payment

2.  The applicant states:

   a.  He was approved for the NPSEB by the ILARNG State Incentive Manager (IM) prior to his enlistment into the ARNG and he was eligible for this bonus at the time of his enlistment on 15 April 2009.  However, the Military Entrance Processing Station (MEPS) did not contract him for this NPSEB.  Once the discrepancy was discovered by the State, he signed the NPSEB Addendum when it was presented to him on 1 September 2009.  He received the original
50 percent of his incentive, as contracted in the addendum.  He was due the second installment in April 2012; however, he received instead a notice of incentive termination and full recoupment of the original 50 percent.

	b.  He has been informed by the State IM that all administrative remedies have been exhausted by way of a request for an Exception to Policy (ETP) in his behalf.  This request was submitted by the State and was denied by the National Guard Bureau (NGB).  Their denial memorandum stated that an NPSEB was 

offered between 1 March 2009 and 15 June 2010 to eligible applicants.  His enlistment on 15 April 2009 falls in that time window; the NPSEB Addendum was signed on 1 September 2009.  The ILARNG Education Services has acknowledged and approved his eligibility for the said NPSEB.

	c.  This has been identified by the State Incentive Office as an administrative error.  He met all eligibility requirements; his bonus was requested and approved prior to his date of enlistment, all correct and valid.  However, the MEPS failed to include this in his enlistment paperwork on 15 April 2009, although he had already been approved for the bonus.  This was remedied by the NPSEB Addendum presented to him and signed on 1 September 2009.

	d.  Due to this administrative error and this supposedly unprecedented denial by the NGB, he is now being penalized for a total of $10,000.00.  This error is through no fault of his own.  He has upheld his duties and responsibilities set forth in his contract.  He did not make the error; however, it is an error that will cost him greatly if it is not corrected.  It has been made clear to him that an appeal to the Army Board for Correction of Military Records (ABCMR) is the best available option for correction of this administrative error.  He sincerely hopes this is true.

3.  The applicant provides:

* Enlistment/Reenlistment Agreement, ARNG Service Requirements and Methods of Fulfillment, Guard Annex, dated 15 April 2009
* DA Form 5435 (Statement of Understanding – The Selected Reserve Montgomery GI Bill), dated 15 April 2009
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 - NPSEB Addendum), dated 1 September 2009
* A memorandum from the ILARNG Education Services Officer, subject:  Request for ETP – (applicant's name and Social Security Number (SSN), dated 25 April 2012
* A memorandum from the ILARNG Military Personnel Officer, dated 
26 April 2012
* A memorandum from the NGB Deputy G-1, subject:  Request for ETP for NPSEP (applicant's name and SSN), dated 17 May 2012
* A memorandum from the ILARNG Education Services Officer, subject:  Notification of Incentive Eligibility Termination, dated 24 May 2012
* An email to him from SFC M------ H----------, IM
* An email from CPT M. R--- M----- to LT G----- and MAJ E------

CONSIDERATION OF EVIDENCE:

1.  The applicant executed a 6-year enlistment in the ILARNG on 15 April 2009.

2.  The NGB Form 600-7-1-R-E states in:

* Section II (Eligibility), paragraph 7, "I am enlisting into a Critical Unit Identification Code/Skill 'WX1LAA/21E' (per Selected Reserve Incentive Program (SRIP) policy) to serve no less than 6 years in a paid drill status for $10,000.00" followed by the applicant's initials
* Section IV (Payments), paragraph 1, "I will receive a total bonus of $10,000.00 for the enlistment bonus options in Section II" followed by the applicant's initials
* Section IX (Certification by Service Representative) contains the Enlisting Official's (recruiter's) and Service Representative's (applicant's) signatures, dated on 1 September 2009, certifying the applicant met the eligibility requirements for an enlistment cash bonus

3.  He completed training and he was awarded military occupational specialty (MOS) 21E (Heavy Construction Equipment Operator) on 12 August 2010.

4.  On 25 and 26 April 2012, respectively, the ILARNG Education Service Officer and Military Personnel Officer requested an ETP to correct the applicant's bonus addendum.  They stated the applicant enlisted in the ILARNG on 15 April 2009 with an approved NPSEB.  A bonus control number (BCN) was requested and approved prior to the applicant's date of enlistment; however, MEPS failed to execute a contract.  Once the discrepancy was identified, the applicant signed the bonus addendum with his recruiter after his date of enlistment.  The applicant met all eligibility criteria for the NPSEB and he was currently due the second half of his NPSEB.

5.  On 17 May 2012, the NGB Deputy G-1 denied the ETP request to retain the NPSEB and instructed the State IM to terminate the incentive with recoupment.  The official stated:

	a.  In accordance with ARNG SRIP Guidance 07-06 with updates (effective 1 March 2009 - 15 June 2010), eligible applicants were offered the NPSEB.

	b.  The applicant enlisted into the ILARNG on 15 April 2009 for the NPSEB in Critical Skill MOS 21E.  Although the applicant signed an addendum on 1 September 2009, a review of Annex A and the DD Form 1966 (Record of Military Processing – Armed Forces of the United States) do not support an incentive being offered at the time of enlistment.  Therefore, any intent to offer the applicant an incentive in connection with his enlistment cannot be validated.

6.  On 24 May 2012, the ILARNG Education Services Officer advised the applicant of the following:

	a.  On 15 April 2012, he was due for the second installment of his enlistment bonus.  That payment was rejected by the NGB because his bonus addendum was signed after his enlistment date.  A request for an ETP was requested in his behalf to allow him to retain his enlistment bonus; however, it was denied by the NGB.

	b.  The NGB instructed the State IM to terminate his bonus with full recoupment.  The total amount to be recouped was $5,000.00.  He was hereby notified that recoupment would be forwarded for debt collection action in accordance with Title 32, U.S. Code, section 3702.  He could receive further guidance from the U.S. Property and Fiscal Office and/or the Defense Finance and Accounting Service (DFAS) concerning his repayment options.

	c.  If he felt he had been improperly terminated from the SRIP he had the right to file a claim with the ABCMR which was highly recommended.

7.  He provides copies with two emails between himself and the ILARNG State IM pertaining to the bonus addendum.

8.  In the processing of this case, on 30 January 2013, an advisory opinion was provided by the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory official stated:

	a.  The applicant met all eligibility requirements and he was verbally approved to receive a $10,000.00 NPSEB for his enlistment into the ILARNG on 15 April 2009.  A BCN was requested prior to his enlistment.  Due to an administrative error at the MEPS, the NPSEB Addendum was not included in his enlistment paperwork.  Upon discovery of this error, the NPSEB Addendum was presented to the applicant and signed on 1 September 2009.  The applicant received the first installment ($5,000.00) payment of this bonus.  His second installment ($5,000.00) was to be paid on 15 April 2012.  On or about this date, the applicant was notified that due to the absence of the NPSEB Addendum in his packet on the day of enlistment the second installment would not be paid and the initial payment would be recouped.  The applicant was given the opportunity to submit 
a request for an ETP through his State to the ARNG, which was denied.

	b.  The advisory official recommended the applicant be granted full administrative relief, that a memorandum of record be placed in his personnel file stating the approval of this bonus, that any recoupment actions be cancelled, and payment of the next installment payment.

9.  On 28 February 2013, the advisory opinion was forwarded to the applicant via email for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

10.  National Guard Regulation 600-7 (SRIP), paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs which will be issued from the State IM Office to MEPS counselors and reported to NGB on a monthly basis.  The State IM will verify accession packets as prescribed by State policy for BCNs, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the ILARNG for an NPSEB in the amount of $10,000.00.  He signed his enlistment contract on
15 April 2009.  However, due to an administrative error the MEPS did not include the NPSEB Addendum with his enlistment paperwork.  When this was discovered, he signed the bonus addendum on 1 September 2009.  He subsequently received the first NPSEB installment in the amount $5,000.00.

2.  On 24 May 2012, he was advised the second installment would not be paid because the bonus addendum was not signed on or prior to his date of enlistment.  NGB instructed the State IM to terminate the bonus with full recoupment.

3.  The advisory official stated the applicant met all eligibility requirements, he was verbally approved to receive the bonus, and a BCN was requested prior to his enlistment.  This administrative error caused non-payment of the second installment of and termination of the bonus with recoupment of the first installment.  Therefore, it was recommended the applicant be granted fully administrative relief.

4.  Evidence shows the applicant signed his enlistment contract in good faith and he was not made aware of the error at the time.  As such, he should not be penalized for the administrative errors committed by ARNG recruiting officials, the State IM, and MEPS; or denied the full payment of his NPSEB.

5.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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 ILARNG records and Department of the Army records of the individual concerned be corrected by:

* showing the applicant qualified for a $10,000.00 NPSEB at the time of his enlistment in the ILARNG on 15 April 2009 and that all bonus paperwork was properly prepared and processed at that time
* adding a memorandum to his personnel file stating the approval of the
NPSEB
* cancelling recoupment of the first $5,000.00 installment payment of the NPSEB
* paying him, out of Army National Guard funds, the final $5,000.00 payment of his corrected NPSEB as specified in his corrected NPSEB Addendum



      _________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)                                         AR20120018912



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ABCMR Record of Proceedings (cont)                                         AR20120018912



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