BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120019740
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 Army National Guard (ARNG) non-prior service enlistment bonus (NPSEB) in the amount of $10,000.00.
2. He states, in effect, when he enlisted in the Illinois ARNG (ILARNG) he was approved for a $10,000 bonus which he never received due to an administrative error on the part of his recruiter.
3. The applicant provides a self-authored statement and a request for exception to policy to receive his NPSEB with denial.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the ILARNG on 31 March 2010 for a period of 8 years. He is currently serving as an active member of the ILARNG.
2. An ARNG Annex to his DD Form 1966 (Record of Military Processing - Armed Forces of the United States) completed during his enlistment processing shows in Section IV (Acknowledgement) he enlisted for MOS 12N. His record is void of a bonus addendum.
3. After completing initial entry training he was awarded military occupational specialty (MOS) 12N (horizontal construction engineer).
4. His DA Form 2-1 (Personnel Qualification Record), dated 26 June 2011, shows he had been assigned to a 12N position effective 4 February 2011 with the 661st Engineer Company in Sparta, IL.
5. The applicant provides the following:
a. A memorandum from the 661st Engineer Company commander, subject: Exception to Policy, dated 12 April 2012, which states the applicant has been a member in good standing with the unit since 31 March 2010. He has fulfilled his current obligations and deserves to receive his bonus.
b. A memorandum from the Deputy G1, Army National Guard, dated 23 May 2012, subject: Request for Exception to Policy (ETP) for NPSEB. The memorandum stated that ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-02 with updates (effective 1 March 2009-15 June 2010) offered eligible applicants the NPSEB; however, the Deputy G1 denied the applicant's request for an ETP. The official stated that the applicant failed to execute an NPSEB addendum on the date of enlistment in accordance with the Department of Defense Instruction (DoDI) 1205.21, dated 20 September 1999, section 6, 6.2, which states that as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a bonus addendum.
6. In connection with the processing of this case, on 19 December 2012, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff (DCS), G-1. The advisory official stated the applicant enlisted in the ILARNG on 21 March 2010, opting for the NPSEB in the amount of $10,000 for MOS 12N/21E. An administrative error occurred in that a bonus addendum was not completed; however, a Bonus Control Number (BCN) was requested prior to the applicant enlisting. ARNG regulatory guidance requires addenda and BCNs to be completed at the time of enlistment. The Soldier was eligible for this bonus at the time of enlistment. The advisory official recommended granting relief and paying the applicant the $10,000.00 NPSEB based on this error.
7. The applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the ILARNG in good faith for a period of 8 years with the expectation of a $10,000.00 enlistment bonus.
2. Evidence indicates he has met the eligibility requirements to receive payment for the NPSEB and the failure to complete the bonus addendum was due to no fault of the applicant. He should not be penalized for an administrative error committed by the ARNG recruiting staff. Evidence shows he has thus far fulfilled the terms of his enlistment contract. In view of the available evidence of this case and based on the recommendation of the DCS, G-1 advisory official, it would serve the interest of justice and equity to provide the applicant relief in this case.
3. In view of the foregoing, and a matter of equity, it would be appropriate to generate the bonus addendum as required.
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 was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all state ARNG and Department of the Army records of the individual concerned be corrected by:
* showing he received a valid bonus control number and an NPSEB addendum was properly and timely prepared upon enlistment in the ILARNG for the NPSEB in the amount of $10,000.00
* showing he is eligible for payment of the bonus in accordance with the terms of his corrected enlistment contract
* paying him, out of ARNG funds, his NPSEB 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) AR20120019740
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