BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20120020438 


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) for a critical skill military occupational specialty (MOS) in the amount of $10,000.00.

2.  She states all of her applications for an exception to policy (ETP) have been denied.  Upon completion of her 35P (Persian Farsi Cryptologic Linguist) MOS training she should have received a $10,000 incentive bonus.  However, on            26 March 2012 she was notified by the Indiana Joint Forces Headquarters that there was a discrepancy with her bonus, mistakenly listed in the memorandum as $20,000.  According to the memorandum, she was not serving in the bonus MOS of 35W (Electronic Warfare/Signal Intelligence Recruit) and did not become duty MOS qualified (DMOSQ) within a 24-month period.  She contends that it is not possible to serve in MOS 35W because it is simply a linguist training MOS.  Further, she has completed her contractual obligations and should receive her bonus.

3.  The applicant provides:

* a self-authored statement
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD 
Form 4 (Enlistment/Reenlistment Document) – NPSEB Addendum)
* Annex L (Enlisted Loan Repayment Program Addendum) to DD Form 4 
* her memorandum, subject:  Notification of Incentive Discrepancy and Exception to Policy Process, dated 26 March 2012 and allied documents


* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Miscellaneous documents to include military orders, transcripts, training certificates, and email correspondence

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Indiana ARNG (INARNG) on 3 March 2010 for a period of 6 years.  She is currently serving as an active member of the INARNG.

2.  Annex E to her DD Form 4 shows she enlisted for a $10,000.00 NPSEB in MOS 35W.  Section IV - Payments, paragraph 5 of this annex states "I understand that if I fail to become fully qualified in an Army MOS within 24 months of my enlistment the incentives described herein will terminate without payment."

3.  The applicant provided her military orders, Army Training Transcript, and certificates that show:

	a.  On 14 June 2010, she was ordered to initial active duty for training (IADT).  The order shows the period of training was approximately 10 weeks for basic training and 53 weeks for MOS training or until completion.

	b.  On 27 August 2010, she was assigned to the Defense Language Institute Foreign Language Center and Monterrey, Presidio of Monterey, CA for training in MOS 35W.

	c.  She attended the Persian-Farsi Basic course from 9 September 2010 to 
15 March 2012.

	d.  On 30 March 2012, she reported to Goodfellow Air Force Base, TX, to attend the Cryptologic Linguist Course (Persian-Farsi) from 4 April 2012 to 10 July 2012.  She completed the course on 28 June 2012.

4.  Orders 268-1028, dated 24 September 2012, awarded her MOS 35P1L, effective 
15 March 2012.  This MOS indicates she qualified as a cryptologic linguist in the Persian-Farsi language.

5.  Item 14 (Military Education) of her DD Form 214 shows she successfully completed the 14-week Voice Interceptor Course in 2012. 

6.  The Indiana Joint Forces Headquarters, Education Services Officer, notified the applicant on 26 March 2012 that a discrepancy was discovered with her "$20,000" NPS critical skill bonus (6 year) incentive contract, specifically she was not serving in 
MOS 35W and she did not become DMOSQ within a 24-month period.  She was directed to submit an ETP to her State Incentive Manager in order to avoid termination and/or recoupment of her incentive bonus. 

7.  On 28 April 2012, the applicant submitted her ETP to the Indiana Joint Headquarters, Education Services, State Incentive Manager.  She stated that she was currently in the last phase of her Persian Farsi Linguist Cryptolinguist (35P) training and provided supporting documents.

8.  On 27 August 2012, the Deputy G1, ARNG, denied the applicant's request to retain the $10,000.00 NPSEB.  The Deputy G1 stated the applicant enlisted in the INARNG on 3 March 2010 for the NPSEB in critical skill MOS 35P.  The applicant completed Initial Active Duty Training on 28 June 2012 and was awarded MOS 35P.  However, she did not complete MOS 35P training within the 24-month required timeframe.  Therefore, the State Incentive Manager would terminate the incentive without recoupment.

9.  The applicant's record is void of any evidence showing she failed to complete any courses required to obtain MOS qualification or that courses were rescheduled for her benefit.

10.  The applicant provides a detailed description of events, various military orders, timelines, email correspondence related to her request an ETP, transcripts, and training records.  She also provides a memorandum from the Commander, Detachment 2, Company B, Recruiting and Retention Battalion, INARNG.  The commander stated that the applicant was a member in good standing with the INARNG and she was unable to complete her qualification requirements within 24 months due to the length of her training for MOS 35P.  Therefore, she should be authorized both her bonus payment and Student Loan Repayment benefits.

11.  Electronic Warfare Signal Intelligence Recruit, MOS 35W, serves as a placeholder.  During language training students are assigned one of the following MOSs:

* 35N—Signals Intelligence Analyst
* 35P—Cryptologic Linguist

12.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-3, provides that a person is eligible for an NPSEB if they meet the following requirements:

* contract for a term of 8 years (6 years must be in the ARNG)
* meet eligibility requirement for enlistment as an NPSEB applicant 
* enlist for assignment to a vacant position
* meet the educational requirements
* has an Armed Forces qualification test score of 31 or higher
* is not enlisting for a military technician (MilTech) position
* completes the NGB Form 600-7-1-R-E
* only contracts for one bonus at a time

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the INARNG in good faith for a period of 6 years with the expectation of a $10,000.00 enlistment bonus.

2.  Evidence of record indicates she met the eligibility requirements to receive payment for the NPSEB if she had been fully qualified in her MOS within 24 months of her enlistment.  Although she enlisted for a bonus in MOS 35W, that MOS is only a placeholder MOS that converts to MOS 35N or 35P upon completion of all training.

3.  The Deputy G1, ARNG denied her request for an ETP citing the applicant failed to become DMOS qualified in MOS 35P within the 24-month timeframe.  However, it appears that due to the scheduling and the length of training, through no fault of her own, she was unable to meet the 24-month requirement.

4.  Therefore, notwithstanding NGB's denial of her request for an ETP, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's record to show she was fully entitled to receive the contracted NPSEB.

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 she was granted an exception to policy to retain the NPSEB in accordance with the terms of her enlistment contract; and

	b.  paying her, out of ARNG funds, the total amount of her NPSEB as specified in her enlistment contract.



      _______ _ 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)                                         AR20120020438





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ABCMR Record of Proceedings (cont)                                         AR20120020438



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