IN THE CASE OF:
BOARD DATE: 21 November 2013
DOCKET NUMBER: AR20130004982
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 Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $20,000.00.
2. The applicant states:
* he enlisted on 4 February 2008 for the NPSEB in the amount of $20,000.00
* he received half of the bonus on 5 May 2010
* at the time of his enlistment he was a participant of the Foreign Language Recruiting Incentive (FLRI) program which is why two contracts were made
* by involuntary error the correct contract was dated after the date of his enlistment
3. The applicant provides:
* request for exception to policy (ETP) letter
* ETP denial letter
* enlistment contract
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* notification of incentive eligibility termination
* NPSEB Addenda, dated 4 February 2008 and 9 March 2009
* DD Form 1966 (Record of Military Processing Armed Forces of the United States)
CONSIDERATION OF EVIDENCE:
1. The applicant provides an enlistment document that shows he enlisted in the Puerto Rico Army National Guard (PRARNG) on 4 February 2008 for a period of 8 years in pay grade E-3.
2. He provides an NPSEB Addendum, dated 4 February 2008, which shows:
* he enlisted for the NPSEB (total amount of bonus is blank) under the provisions of the FLRI per the Selected Reserve Incentive Program (SRIP)
* his Armed Forces Qualification Test (AFQT) score is shown as 25
* it was signed by an enlisting official
3. He completed the 7-week Cable Systems Installer/Maintainer Course in November 2009.
4. He provides an NPSEB Addendum, dated 9 March 2009, which shows:
* he enlisted for the NPSEB per SRIP in the amount of $20,000.00
* his AFQT score is shown as 37
* it was signed by an enlisting official
5. His records contain an NPSEB Addendum, dated 30 November 2009, which shows:
* he enlisted for the NPSEB per SRIP in the amount of $20,000.00
* his AFQT score is shown as 37
* it was signed by an enlisting official
6. On 21 September 2012, the National Guard Bureau disapproved the request for an ETP because the applicant signed the NPSEB Addendum after the date of his enlistment.
a. In accordance with ARNG FLRI SRIP (effective 5 January 2007 to
5 January 2009), eligible applicants were offered the NPSEB.
b. The applicant enlisted in the PRARNG on 4 February 2008 for the NPSEB in military occupational specialty 25L. He attended the English as Second Language Training Program and achieved an AFQT score of 37 upon completion of the program, therefore meeting the requirement to obtain an AFQT score of 31 or above.
c. NGB directed the State Incentive Manager terminate the incentive without recoupment.
7. On 3 October 2012, he was notified of incentive eligibility termination and recoupment.
8. He was promoted to sergeant effective 29 April 2013.
9. National Guard Regulation 600-7 (SRIP), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station 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 contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for payment of an NPSEB in the amount of $20,000.00 per his NPSEB Addendum was carefully considered and determined to have merit.
2. Evidence shows he was a participant of the FLRI program at the time of his enlistment on 4 February 2008 and he was required to sign the NPSEB Addendum upon enlistment in accordance with the FLRI policy. An enlisting official signed the NPSEB Addendum and this evidence confirms he enlisted in the ARNG on 4 February 2008 opting for an NPSEB.
3. He attended the English as Second Language Training Program and achieved an AFQT score of 37 upon completion of the program, therefore meeting the requirement to obtain an AFQT score of 31 or above. Through no fault of the applicant, a second NPSEB Addendum was completed on 9 March 2009 which shows his AFQT score of 37 and a bonus incentive in the amount of $20,000.00.
4. He was eligible for this bonus at the time of his enlistment and did absolutely nothing wrong. Therefore, notwithstanding the ETP memorandum and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the unpaid balance of the $20,000.00 NPSEB.
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 ARNG records of the individual concerned be corrected by:
a. showing all officials properly and timely signed the NPSEB Addendum on 4 February 2008;
b. showing the Department of the Army authorized him to receive a bonus in the amount of $20,000.00; and
c. paying to him the unpaid balance of the $20,000.00 bonus out of ARNG funds as a result of the above corrections.
_______ _ __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) AR20130004982
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