IN THE CASE OF:	  

		BOARD DATE:	  19 September 2013

		DOCKET NUMBER:  AR20130002290 


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 military service records to show entitlement to a $10,000.00 Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states he enlisted for a $10,000.00 bonus in 2009.  He attended advanced individual training, was awarded military occupational specialty (MOS) 25B (Information Systems Operator Analyst), and was paid one-half ($5,000.00) of the bonus in accordance with his contract.

	a.  In February 2012, he received a notice from the National Guard Bureau (NGB) that his enlistment bonus was being terminated and the initial payment would be recouped.  The reason given was that there was no bonus available at the time he enlisted in the Louisiana Army National Guard (LAARNG).  Additionally, the bonus addendum had an invalid bonus control number (BCN), the service representative did not sign the addendum, and there were unauthorized ink markings.

	b.  He states he is in good standing in his LAARNG unit and he remains committed to his service obligation.  However, denial of the enlistment bonus at this late date imposes great financial hardship on him and his family.

	c.  He adds that the MOS he currently holds is highly specialized and his unit is unique in its capabilities.

3.  The applicant provides copies of the bonus addendum, NGB decision, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 1966 (Record of Military Processing – Armed Forces of the United States) shows he applied for enlistment in the ARNG of the United States and LAARNG for, in part, training in MOS 25B.

2.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows he enlisted in the ARNGUS on 21 April 2009 for a period of 8 years and in the LAARNG for a period of 6 years.

	a.  Section B (Agreements) shows, in part, "The additional details of my enlistment/reenlistment are in Section C and Annex(es)" followed by the typed entry "ALK."

	b.  A review of the applicant's Army Military Human Resource Record (AMHRR) revealed the following enlistment addenda:

* Guard Annex (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment)
* NGB Form 600-7-1-R-E (Annex E – NPSEB Addendum – ARNG)
* Annex K (ARNG of the United States – Montgomery GI Bill Selective Reserve Kicker Incentive Addendum)
* DA Form 5435 (The Selected Reserve Montgomery GI Bill)
* Annex L (Student Loan Repayment Program Addendum)

	c.  The applicant's NGB Form 600-7-1-R-E shows he enlisted in MOS 25B, a critical skill (CS) MOS, for an NPS CS bonus (50/20/30 payments).

		(1)  He would receive a total bonus in the amount of $10,000.00, less taxes.  The first bonus payment of 50 percent of the total was authorized for payment upon completion of initial active duty for training (IADT) and award of the bonus MOS.  The second payment of 20 percent was authorized for payment on the third-year anniversary of the date of enlistment.  The final payment of 30 percent was authorized for payment on the sixth-year anniversary of the date of enlistment.

		(2)  The addendum shows "BCN E09-04-12LA."

		(3)  The applicant and an enlisting official signed the document on 21 April 2009.  A service representative did not sign the document.

3.  U.S. Army Signal Center, Fort Gordon, GA, Orders 111-2041, dated 21 April 2010, awarded the applicant primary MOS (PMOS) 25B1O effective 21 April 2010 or upon completion of training and award of required security clearance.

4.  The applicant's DD Form 214 shows he entered active duty on 10 August 2009.  He was honorably released from IADT to the control of his LAARNG unit on 22 April 2010.  He completed the 19-week Information Systems Operator/
Analyst Course and he was awarded MOS 25B1O.

5.  LAARNG Orders 008-056, dated 8 January 2013, withdrew the applicant's PMOS 25B1O and awarded him PMOS 25Q1O (Multichannel Transmissions Systems Operator-Maintainer) and secondary MOS (SMOS) 25B1O effective 14 December 2012.

6.  The applicant was promoted to sergeant/pay grade E-5 on 4 April 2013 in PMOS 25Q2O with SMOS 25B2O.

7.  The applicant provides the following documents in support of his application:

	a.  An NGB memorandum, dated 4 June 2012, subject:  Request for Exception to Policy (ETP) for NPSEB (Applicant), shows the NGB Deputy G-1 stated:

		(1)  In accordance with ARNG Selected Reserve Incentive Program Guidance 07-06 with updates effective 1 March 2009 through 15 June 2010, eligible applicants were offered the NPSEB.

		(2)  The applicant enlisted for the NPSEB in CS MOS 25B; however, MOS 25B cannot be validated as a CS at the time of the applicant's enlistment and there were unauthorized pen and ink changes (not specified) on the addendum.

		(3)  A review of the applicant's DD Form 4 and DD Form 1966 does not support the incentive being offered at the time of his enlistment.

		(4)  The applicant's request to retain the $10,000.00 NPSEB was denied and the State Incentive Manager (IM) was instructed to terminate the incentive with recoupment.

	b.  An NGB memorandum, dated 22 August 2012, subject:  Request for ETP for NPSEB (Applicant), is essentially a restatement of the 4 June 2012 memorandum without the information about unauthorized pen and ink changes on the addendum.

8.  A review of the ARNG Selected Reserve Incentive Program Guidance 07-06, with updates effective 1 March 2009 through 15 June 2010, failed to show MOS 25Q as an authorized NPSEB MOS.

9.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 56 (Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses), paragraph 560302 (Affiliation Bonus), provides that the Secretary concerned will designate the skills, units, and pay grades for which an affiliation bonus may be paid.

	a.  Any skill, unit, or pay grade so designated will be a skill, unit, or pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an Armed Force, as determined by the Secretary concerned.

	b.  The Secretary concerned will establish other requirements to ensure that members accepted for affiliation meet required performance and discipline standards.

		(1)  The amount of a bonus may not exceed $20,000.00.

		(2)  Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed.  The agreement will specify whether the bonus will be paid by the Secretary concerned in a lump sum or installments.

		(3)  A member who enters into an agreement and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, will be subject to the repayment provisions of chapter 2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show entitlement to a $10,000.00 NPSEB because he completed an NPSEB agreement as part of his enlistment contract.

2.  Records show the applicant enlisted for an NPSEB for CS MOS 25B in the amount of $10,000.00.  The applicant's DD Form 4 does not show an entry for the NPSEB annex; however, it does specify "A" among the annexes listed.  The applicant's AMHRR does not contain an annex A, whereas it does contain an annex E for the NPSEB.  Moreover, the name and description of each annex is not listed and described in section C of the applicant's DD Form 4 as specified in the form's instructions.

3.  The applicant completed IADT, was awarded PMOS 25B on 21 April 2010, and he received the initial NPSEB payment of $5,000.00.

4.  The evidence of record shows the applicant successfully performed duties in MOS 25B.  Then, more than 3 years after he enlisted, the NGB instructed the State IM to terminate the applicant's NPSEB with recoupment because MOS 25B was not a CS at the time of the applicant's enlistment, a service representative did not sign the addendum, and there were unauthorized pen and ink changes (not specified) on the addendum.

5.  Subsequent to this, the applicant was awarded MOS 25Q as his PMOS, MOS 25B was designated as his SMOS, and he was promoted to SGT (E-5).

6.  The applicant's DD Form 4 does not correctly identify the NPSEB annex; however, the NPSEB annex is filed in the applicant's AMHRR.  Although the NGB cannot validate MOS 25B as a CS bonus MOS, this is not the overriding issue in this case.

	a.  It is clear that the applicant and an enlisting official signed the NPSEB annex at the time of his enlistment processing and the annex contains a BCN.  However, the NGB Deputy G-1 states the BCN is invalid and the form is not signed by the service representative.  Nonetheless, the NPSEB addendum is filed in the applicant's AMHRR as part of his enlistment contract.

	b.  The applicant served in the ARNGUS and LAARNG satisfactorily for more than 3 years with the understanding that he would receive the NPSEB.

	c.  It is not reasonable to expect a new enlistee to know if the BCN entered on his enlistment documents is valid or to ensure that Army officials who are required to authenticate the documents complete their responsibilities.  The applicant signed the NPSEB along with the enlisting official and a contractual agreement was established at that time.  There is no evidence of record that shows he was informed that the terms of the agreement were invalid.  In fact, the addendum is filed in the applicant's AMHRR with his enlistment contract.

	d.  The NGB decision to terminate the applicant's NPSEB based on errors made by the enlisting official more than 3 years after the fact is untimely and unreasonable.

   e.  Thus, the applicant's contention has a degree of merit in this case. Specifically, the applicant fulfilled certain specified terms of his NPSEB Agreement (i.e., he completed IADT and was awarded the designated MOS, and he satisfactorily served in the MOS through the third-year anniversary of the date of his enlistment).

7.  In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he enlisted for a $10,000.00 NPSEB and that he satisfied the requirements for entitlement to the first two installments of a $10,000.00 NPSEB.  However, based on the determination that the original NPSEB Agreement was invalid, official notification of the applicant of that fact at the 3-year anniversary of his enlistment, and the fact that the applicant was awarded a non-critical PMOS (i.e., PMOS 25Q2O), he is not entitled to the third (final) installment of the $10,000.00 NPSEB.
 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 he satisfied the requirements for entitlement to both the first installment (50 percent) and second installment (20 percent) of his $10,000.00 NPSEB for a CS-bonus MOS; and

	b.  paying him the NPSEB specified for CS-bonus MOS 25B from ARNG funds.

2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment to the applicant for any amount that may have been recouped from the initial payment of his NPSEB and payment of the second installment of the enlistment bonus (less any withholdings) due.

3.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the third (final) installment of the $10,000.00 NPSEB (i.e., $3,000.00).




      _______ _   _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)                                         AR20130002290



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ABCMR Record of Proceedings (cont)                                         AR20130002290



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