IN THE CASE OF:	   

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130002352 


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 records to show entitlement to all of the benefits he contracted for upon enlistment in the U.S. Army Reserve (USAR), including a Non-Prior Service Enlistment Bonus (NPSEB), Montgomery GI Bill (MGIB) Kicker, and $20,000.00 Student Loan Repayment Program (SLRP).

2.  The applicant states when he enlisted at the Military Entrance Processing Station (MEPS) in 2008 he was told he would receive all of the above benefits.

   a.  He signed all the necessary documents; however, certain parts of the contract were left out or "mixed up" by MEPS representatives when the contract was uploaded into the system.  Specifically, the MGIB Kicker addendum was not included and an addendum for military occupational specialty (MOS) 31B (Military Police) was included instead of an addendum for MOS 63B (Wheeled Vehicle Mechanic).

   b.  He contacted his chain of command and the Inspector General (IG) at Camp Sabalu Harrison in Bagram, Afghanistan in an effort to resolve the matter.  He was told he would receive the SLRP benefit; however, when he requested payment of the SLRP it was denied.

   c.  He states he has fulfilled his contract responsibilities.  He adds that he is attempting to finish his degree and better himself for the Army and his family.

3.  The applicant provides copies of his enlistment documents and an email message from the IG.
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 23 September 2008 for a period of 
8 years.

2.  A DD Form 1966-Series (Record of Military Processing - Armed Forces of the United States), was prepared by the Army recruiter on the occasion of processing the applicant for his entrance into the USAR on 23 September 2008.

	a.  Item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a, shows he enlisted for MOS 31B1O, a $20,000 NPSEB, the $350 Non-Prior Service (NPS) MGIB Kicker, and the $20,000 SLRP.

   b.  The applicant and Army recruiter both signed the document.

3.  A Certificate and Acknowledgment USAR Service Requirements and Methods of Fulfillment (Reserves Annex), dated 23 September 2008, shows in:

   a.  section IV (Service Obligation):

    	(1)  item 2:  I am enlisting under the program or programs as indicated:  Standard Training Program, MOS 31B;

    	(2)  item 3:  The following programs and/or incentives are my authorized entitlements:

* NPS MGIB Kicker $350
* NPSEB $20,000
* SLRP $20,000

   b.  section IX (Addendums):  The following addendums have been attached and are part of my enlistment agreement:

* Enlistment Bonus Addendum
* SLRP Addendum
* Selected Reserve MGIB
* Selected Reserve MGIB NPS Kicker

   c.  The applicant and Army recruiter both signed the document.

4.  A Selected Reserve Incentive Program (SRIP) - Enlistment Bonus Addendum, dated 23 September 2008, shows in section III (Acknowledgement), item 7:  I am enlisting into the following unit:  304th MP Company, Detachment 1, Lewisburg, WV, and assignment in MOS 31B1O, which is authorized by Headquarters, Department of the Army (HQDA), for bonus entitlement (in the amount of $20,000).  It also shows the applicant and an Army recruiter signed the document.

5.  An SLRP Addendum, dated 23 September 2008, shows in:

   a.  section I (Applicability):  This addendum will be completed by all personal enlisting, reenlisting, immediately reenlisting, or extending in the Selected Reserve of the Army for entitlement under the SLRP; and

   b.  section III (Acknowledgement), in part, that the applicant was contracting for completion of initial active duty for training (IADT) and qualification in MOS 31B1O which HQDA approved for a maximum of $20,000 in loan repayments.

   c.  The applicant and Army recruiter both signed the document.

6.  A Statement for Understanding - MGIB Selected Reserve Addendum, dated 23 September 2008, shows in:

   a.  section V (Benefits):  If qualified, I will be eligible to receive educational assistance to pursue a program of education in an amount determined by the Department of Veterans Affairs and as announced annually by HQDA; and

   b.  section VI (Caution):  I understand that I may be qualified for the Selected Reserve MGIB and for a bonus under the SRIP, or other incentives such as loan repayments, at the time of my enlistment, reenlistment, or extension in the USAR.

   c.  The applicant and Army recruiter both signed the document.

7.  A DD Form 1966-Series was prepared by an Army recruiter on 27 January 2009.

	a.  Item 32, section a, shows the applicant enlisted for MOS 63B1O, a $20,000 NPSEB, the $350 NPS MGIB Kicker, and $20,000 SLRP.
   
   b.  The applicant and Army recruiter both signed the document.


8.  A Certificate and Acknowledgment USAR Service Requirements and Methods of Fulfillment (Reserves Annex), dated 5 January 2009, shows in:

   a.  section IV:

    	(1)  item 2:  I am enlisting under the program or programs as indicated:  Standard Training Program, MOS 63B;

    	(2)  item 3:  The following programs and/or incentives are my authorized entitlements:

* NPS MGIB Kicker $350
* NPSEB $20,000
* SLRP $20,000

   b.  section IX:  The following addendums have been attached and are part of my enlistment agreement:

* PaYS Statement of Understanding
* Enlistment Bonus Addendum
* SLRP Addendum
* Selected Reserve MGIB
* Selected Reserve MGIB NPS Kicker

   c.  The applicant and Army recruiter both signed the document.

9.  An SRIP - Enlistment Bonus Addendum, dated 5 January 2009, shows in section III, item 7:  I am enlisting into the following unit:  304th MP Company, Bluefield, WV, and assignment in MOS 63B1O, which is authorized by HQDA for bonus entitlement (in the amount of $20,000).  The applicant and an Army recruiter signed the document.

10.  An SLRP Addendum, dated 5 January 2009, shows in:

   a.  section I:  This addendum will be completed by all personal enlisting, reenlisting, immediately reenlisting, or extending in the Selected Reserve of the Army for entitlement under the SLRP; and

   b.  section III, in part, that the applicant was contracting for completion of IADT and qualification in MOS 63B1O which HQDA approved for a maximum of $20,000 in loan repayments.

   c.  The applicant and Army recruiter both signed the document.
11.  A Statement for Understanding - MGIB Selected Reserve, dated
5 January 2009, shows in:

   a.  section V:  If qualified, I will be eligible to receive educational assistance to pursue a program of education in an amount determined by the Department of Veterans Affairs and as announced annually by HQDA; and

   b.  section VI:  I understand that I may be qualified for the Selected Reserve MGIB and for a bonus under the SRIP, or other incentives such as loan repayments, at the time of my enlistment, reenlistment, or extension in the USAR.

   c.  The applicant and Army recruiter both signed the document.

12.  The applicant was awarded MOS 63B on 15 April 2009.  He was promoted to specialist (E-4), in MOS 31B, on 10 April 2010.

13.  The applicant was ordered to active duty on 21 August 2012 in support of Operation Enduring Freedom and served in Afghanistan from 17 October 2012 to 8 July 2013.  He was honorably released from active duty on 18 August 2013 based on completion of required active service and transferred to his USAR unit.

14.  In addition to his enlistment documents, the applicant provides an email message, dated 9 January 2013, that shows the Task Force Titan Assistant IG informed the applicant that since he did not have the proper addendum, he is ineligible for the MGIB Kicker.  The applicant was also informed that it appears he will not be eligible for the SLRP because he was awarded an MOS other than what he contracted for.  However, the assistant IG advised the applicant to contact the Army Board for Correction of Military Records since his USAR Annex shows the MGIB Kicker Addendum.

15.  In the processing of this case, an advisory opinion was obtained from the Acting Chief, Manning Division, U.S. Army Reserve Command (USARC), Fort Bragg, NC.

a. The advisory official recommends administrative relief.

   b.  The advisory official states that, as an exception to policy, the applicant is authorized to retain the NPSEB and also receive the MGIB Kicker and SLRP.

   c.  The applicant enlisted on 23 September 2008 for an 8-year, $20,000 NPSEB (MOS 31B), the $350 MGIB Kicker, and $20,000 SLRP.  On 
31 December 2008, he received an involuntary renegotiation of his contract changing his MOS to 63B.  On 5 January 2009, when the new contract was produced, the MEPS failed to initiate the proper addenda required for the incentives.

   d.  The GI Bill Branch, U.S. Army Human Resources Command (HRC), advised that the system currently reflects that the applicant is properly identified for the $350 MGIB Kicker.

   e.  The applicant has an active SLRP account, but it lists the original MOS of 31B.  Based on the applicant's voluntary reclassification into MOS 31B on 
30 June 2012, this impacted his incentives.  However, because of the circumstances surrounding the applicant's case, it would be appropriate to allow him to retain the $20,000 NPSEB, $350 MGIB Kicker, and $20,000 SLRP incentives.

   f.  The advisory official adds that the applicant should contact the following activities:

* MGIB team, HRC (at 1-800-872-8272) for information on the MGIB incentive
* unit career counselor to complete a new DA Form 5261-4R (SLRP Addendum)
* Army Reserve Education Team (at 1-800-339-0473) for assistance with SLRP payments
* Manning Division, Deputy Chief of Staff, G-1, USARC at:

* telephone:  1-910-570-8745
* email:  usarmy.usarc.usarc-hq.mbx.incentives@mail.mil

16.  The applicant was provided a copy of the advisory opinion in order to have the opportunity to comment; however, a response was not received.

17.  Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), Chapter 9 (Enlistment Programs/Options), paragraph 9-6 (Incentives and entitlements for Selected Reserve Service) outlines the incentives or entitlements that qualified applicants who enlist for the Army Reserve may be entitled to.  It describes, in part, the:

* SRIP NPSEB
* SLRP
* MGIB for Selected Reserve Service
* MGIB for Selected Reserve Kicker
18.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on the following: 

   a.  contrary to a personnel policy or management objective;

   b.  against equity and good conscience; or 

   c.  contrary to the best interest of the United States.

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant enlisted in the USAR on 23 September 2008 for a period of 8 years and he contracted for the following incentives:

* $20,000 NPSEB (MOS 31B)
* $350 MGIB Kicker
* $20,000 SLRP

2.  The evidence of record shows, on 31 December 2008, the applicant received an involuntary renegotiation of his contract changing his MOS to 63B.  The new contract was produced on 5 January 2009; however, the MEPS failed to initiate the proper addenda required for the incentives.

3.  The evidence of record shows the applicant's renegotiated contract is now properly loaded in HQDA systems for the $350 MGIB Kicker.  It also shows the applicant has an active SLRP account; however, it lists the original MOS (31B). 

4.  Based on the circumstances surrounding this case, it would be in the best interest of the government to allow the applicant to retain the $20,000 NPSEB and to receive the $350 MGIB Kicker and $20,000 SLRP incentives.

5.  Therefore, in view of the foregoing, the applicant's records 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:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he enlisted in the U.S. Army Reserve on 23 September 2008 for a period of 8 years with entitlement to a $20,000.00 Non-Prior Service Enlistment Bonus, the $350.00 Montgomery GI Bill Kicker, and the $20,000.00 Student Loan Repayment Program incentives based on bonus MOS 63B, and all addenda were properly and timely signed by appropriate officials.

2.  In order to ensure this corrective action is accomplished in a timely manner, the applicant is advised to contact the following activities as soon as possible:

* the MGIB team, U.S. Army Human Resources Command 
(at 1-800-872-8272) for information on the MGIB incentive
* his unit career counselor to complete a new DA Form 5261-4R (Student Loan Repayment Program Addendum)
* Army Reserve Education Team (at 1-800-339-0473) for assistance with the Student Loan Repayment Program payments
* Manning Division, Deputy Chief of Staff, G-1, USARC at:

* telephone:  1-910-570-8745
* email:  usarmy.usarc.usarc-hq.mbx.incentives@mail.mil


3.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination regarding the applicant's entitlement to a $20,000.00 Non-Prior Service Enlistment Bonus, the $350.00 Montgomery GI Bill Kicker, and the $20,000.00 Student Loan Repayment Program incentives.




      _______ _   _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)                                         AR20130002352



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ABCMR Record of Proceedings (cont)                                         AR20130002352



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