BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20120022769
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 the remaining $7,500.00 of his $15,000.00 Prior Service Enlistment Bonus (PSEB).
2. The applicant states:
a. He was assured by his recruiter that would receive a $15,000.00 PSEB for enlisting in the Florida Army National Guard (FLARNG). He signed the forms in good faith. He received the first half of the bonus, but 3 1/2 years later the National Guard Bureau (NGB) informed him that he would not receive the remainder of his bonus. It has become clear to him that his recruiter deceived him.
b. He would not have signed up to serve if not for the promised bonus. He believes that denying him the bonus is unjust.
3. The applicant provides copies of his:
* marriage certificate
* power of attorney
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* NGB Form 600-7-R-E (Annex X to DD Form 4 PSEB Addendum Army National Guard of the United States)
* DA Form 2823 (Sworn Statement), dated 26 March 2012
* NGB memorandum, dated 23 June 2012, subject: Request for Exception to Policy for PSEB (Applicant)
* spouse's notarized statement, dated 16 November 2012
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the FLARNG in the rank/grade of sergeant/E-5. The applicant's spouse stated he submitted his original application to the Army Review Boards Agency Support Division, St. Louis, Missouri, in November 2012. It was returned as undeliverable. The applicant's spouse then submitted an electronic application supported by their marriage certificate a general power of attorney.
2. The applicant's DD Form 4, dated 10 January 2009, shows he enlisted in the FLARNG for 6 years in pay grade E-4.
3. His NGB Form 600-7-6-R-E shows he would receive a total bonus of $15,000.00 for a 6-year enlistment to be paid in two 50-percent installments of $7,500.00, less taxes.
4. An NGB memorandum, dated 23 June 2012, subject: Request for Exception to Policy for PSEB (Applicant), denied an exception to policy to retain the $15,000.00 bonus and directed termination of the bonus with recoupment. The memorandum stated the applicant enlisted in the FLARNG for a PSEB in critical-skill military occupational specialty (MOS) 31E. However, MOS 31E could not be validated as an authorized critical skill at the time of the enlistment and both the enlisting official and witnessing officer failed to sign and date the addendum. Therefore, the intent of the U.S. Government to offer an incentive to the applicant could not be validated. The applicant was advised that he could file a claim with the Army Board for Correction of Military Records if he believed an error or injustice still existed.
5. In her notarized statement, dated 16 November 2012, the applicant's spouse stated the recruiter came to their house and she witnessed her husband sign and initial the contract. The recruiter then took the paperwork with him and told them he would finish it at his office. She further states that it was clearly understood by everyone present that the applicant would receive a $15,000.00 bonus upon signing for a 6-year enlistment.
6. In the processing of this case, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division Branch, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army. The opinion noted the MOS was authorized under the Fiscal Year 2010 SRIP (later clarified that it was also authorized under the Fiscal Year 2009 SRIP) and the Soldier had faithfully complied with the terms of the contract. The opining official recommended granting relief and payment of his second bonus installment of $7,500.00.
7. On 12 February 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him an opportunity to submit comments or a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding he was entitled to an enlistment bonus.
2. Continuing to deny this bonus is contrary to objectives, against equity and good conscience, and contrary to the best interests of the United States.
3. In accordance with the recommendation of the Deputy Chief of Staff, G-1, it would be appropriate to correct the applicant's military records to show he remains entitled to his PSEB and any recoupment action should be cancelled.
4. In view of the above, the applicant's request should be granted.
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 Department of the Army and State ARNG records of the individual concerned be corrected by:
a. showing his PSEB Addendum was properly and timely signed by all appropriate parties, enabling the applicant to remain eligible for the $15,000.00 PSEB,
b. cancelling any recoupment action, and
c. paying him the second installment of the enlistment bonus in the amount of $7,500.00 out of ARNG 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) AR20110020775
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ABCMR Record of Proceedings (cont) AR20120022769
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