IN THE CASE OF:	   

		BOARD DATE:	  18 June 2013

		DOCKET NUMBER:  AR20130004060 


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 a $20,000.00 Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states as part of her enlistment contract, in the bonus addendum, she was entitled to receive a $20,000.00 bonus.  The addendum stipulated she would receive 50 percent (%) after completing advanced individual training (AIT), and 50% on her 36-month anniversary.  She has only received $5,000.00 of the bonus.  Additionally, she has been told, due to an administrative error, she was only eligible for a $10,000.00 bonus.

	a.  When she enlisted in the Oklahoma Army National Guard (OKARNG) her recruiter told her he thought the bonus available for her military occupational specialty (MOS) was $10,000.00 but he was not absolutely positive.  He informed her that the personnel at the Military Entrance Processing Station (MEPS), where she would sign her contract, would confirm the details of her enlistment.  The enlistment contract she signed at MEPS clearly shows a $20,000.00 bonus was available for her MOS.

	b.  She fulfilled all of her contractual obligations in good faith.  She does not see any reason why the full amount of the bonus she contracted for should not be honored.

3.  The applicant provides:

* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment Contract - Armed Forces of the United States)) Non-Prior Service Enlistment Bonus Addendum Army National Guard of the United States), dated 26 May 2009
* Various email traffic
* Memorandum, dated 21 February 2012
* Memorandum, dated 6 September 2012

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the OKARNG on 26 May 2009.  Her DD Form 4 shows she contracted to serve 6 years in a paid drill status and 
2 years in the Individual Ready Reserve (IRR).  Her DD Form 4 does not list the dollar amount associated with her bonus.  However, her contract contains an NGB Form 600-7-1-R-E (Annex E), dated 26 May 2009, which shows:

	a.  upon her enlistment in the ARNG she was eligible for an enlistment bonus, as indicated in the Selected Reserve Incentive Program (SRIP).  

	b.  she enlisted for a critical skill (CS) MOS 92A (Automated Logistical Specialist) "under the 6x2 or 8x0 enlistment option and would receive a [non-prior service] NPS CS bonus (50/50 payment)." 

	c.  she would receive a total bonus of $20,000.00 for the enlistment option, minus taxes.

	d.  she would receive her first bonus payment of 50% of the total authorized amount, minus taxes, when she completed initial active duty for training (IADT), and was awarded the MOS for which she enlisted.

	e.  the second and final payment of 50% would be paid on the 36th-month anniversary of her date of enlistment.

	f.  her bonus would be terminated without recoupment if she accepted a military technician (MilTech) position and on the effective date of her orders had served at least 6 months of the incentive contract.

3.  Her record contains a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows she entered active duty on 20 July 2009 for IADT, completed the 9-week automated logistical specialist course, was awarded MOS 92A, and was honorably released from ADT on 16 December 2009.  

4.  During the processing of this case an advisory opinion was obtained from Department of the Army, Deputy Chief of Staff (DCS), G-1, on 8 April 2013 wherein the advisory official stated:

	a.  The applicant requests her NPSEB anniversary payment based on her enlistment in the OKARNG on 26 May 2009.

	b.  It appears that at the time of her enlistment, the applicant was aware that she was to receive a bonus in the amount of $10,000.00.  Due to an administrative error, the bonus addendum the applicant signed shows $20,000.00.  The applicant received her initial bonus payment of $5,000.00, half of the total bonus amount, upon completion of AIT.  An exception to policy (ETP) memorandum was approved on 6 September 2013 by the ARNG for the applicant to retain the $10,000.00 NPSEB offered at the time of her enlistment, but payment of the remaining $5,000.00 was not made due to her accepting a MilTech position on 5 September 2012.

	c.  The anniversary payment for this bonus was scheduled for payment on 
26 May 2012, but was put on hold until the completion of the ETP process for the administrative error, cited above.  The applicant did not become a MilTech until 
5 September 2012.  Had this administrative error (no fault of the applicant) and the resulting ETP process not taken place, the applicant would have been fully qualified to receive her final bonus payment.

	d.  Recommend the applicant be given full administrative relief and receive the final $5,000.00 payment of this bonus.

5.  The applicant provided a memorandum issued by the OKARNG State incentives manager, on 21 February 2013, which stated a discrepancy had been discovered within her bonus contract that had to be resolved to avoid eligibility termination.  
* she received an incentive:  NPSEB
* the discrepancy concerned the amount of the bonus:  $20,000.00
* the reason for the discrepancy:  Obsolete Addendum, the bonus was not authorized at the time she signed the contract

6.  She provided an email from the OKARNG Education Services Officer, dated 31 May 2012, wherein the Education Services Officer stated the NGB suspended the applicant's final bonus payment because of discrepancies found in her enlistment contract.  An ETP packet needed to be submitted to the NGB to correct the problem.  The first part of the packet contained a DA Form 2823 (Sworn Statement) the applicant would need to complete.  The sworn statement should explain what incentives or bonuses were offered to the applicant at the time of her enlistment/contracting.  The applicant was further instructed to forward the completed DA Form 2823 to the Education Services Officer for processing after it was completed.

7.  She provided an ETP memorandum issued by the NGB on 6 September 2012, which stated:

	a.  An ETP to retain the $10,000 NPSEB offered at the time of enlistment on 26 May 2009 is approved.

	b.  The applicant enlisted in the OKARNG on 26 May 2009 for the NPSEB in critical skill MOS 92A.  Although the applicant executed an obsolete addendum offering $20,000.00 rather than the $10,000.00 bonus amount allowed by policy, a review of the of the DD Form 4 supports an incentive in the amount of $10,000.00 being offered at the time of the enlistment.  The applicant accepted an incentive offer in the amount of $10,000.00 made by the OKARNG in good faith and has otherwise fulfilled her obligations under the contract as of the date of this request.  Therefore, withholding payment of this incentive would be contrary to equity and good conscience and against the best interest of the Army.

8.  National Guard Regulation 600-7 (SRIP), chapter 2, paragraph 2-5, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to MEPS counselors and 
reported to NGB on a monthly basis.  The State Incentive Manager will verify 
accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

9.  ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 – 30 September 2009 (Policy Number 07-06), issued by the National Guard Bureau (NGB), on 10 August 2007 and updated on 17 February 2009, states
the ARNG offers a $10,000 NPS Critical Skill Bonus to NPS enlistees who enlist for either the 6x2 or 8x0 enlistment option.  The NPS CS Bonus will be paid in three installments.  The first 50% installment will be processed for payment upon successful completion of IADT and verification of MOS qualification.  The second 20% installment will be processed on the third-year anniversary, and final 30% installment will be processed on the sixth-year anniversary of the Soldier's date of enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant argues she should receive the $20,000.00 NPSEB because it was the amount stipulated in her contract.  

2.  Her enlistment contract shows she enlisted on 26 May 2009 for a $20,000.00 NPSEB CS bonus 6x2 with a 50/50 payment.  Under the 50/50 payment option she was scheduled to receive her first bonus payment of 50% when she completed IADT and was awarded the MOS for which she enlisted and the second and final payment of 50% on the 36th-month anniversary of her date of enlistment.

3.  However, ARNG Policy Number 07-06 states: 

	a.  The NPS CS bonus was only authorized to be paid in three installments.  The first 50% to be received upon successful completion of IADT and verification of MOS qualification, the second 20% installment on the third-year anniversary, and final 30% on the sixth-year anniversary.

	b.  It appears that the $20,000.00 amount was erroneously entered because the enlistment official confused and erroneously combined two options while computing the amount of her bonus.

4.  The evidence of record shows she enlisted for an NPS CS bonus.  Although the amount listed on her contract was $20,000.00, it is clear the recruiting official made an error and was not authorized to offer her more than $10,000.00 as stipulated in the NGB policy letter.  It appears she was at least somewhat informed that she was authorized only a $10,000.00 bonus.  As such, she is only entitled to a $10,000.00 bonus.

5.  She should not be held accountable for the mistakes made by recruiting officials regarding the 50/50 payment option.  Therefore, as matter of equity she should be paid the remaining 50% of her enlistment bonus in one lump sum.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  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 partial relief.  As a result, the Board recommends that all state ARNG and Department of the Army records of the individual concerned be corrected by:

* correcting her 26 May 2009 enlistment contract to show she contracted for a $10,000.00 bonus
* paying her the remaining 50% of her bonus ($5,000.00) as one lump sum out of ARNG funds

2.  The Board further determined that the evidence presented is 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 awarding her a $20,000.00 bonus.  



      _______ _   __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)                                         AR20130004060





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ABCMR Record of Proceedings (cont)                                         AR20130004060



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