IN THE CASE OF:
BOARD DATE: 16 July 2013
DOCKET NUMBER: AR20130005081
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 he retain the prior service enlistment bonus (PSEB) he enlisted for on 23 March 2009 in the Texas Army National Guard (TXARNG).
2. The applicant states he enlisted in the TXARNG for 6 years for a PSEB of $15,000. Due to an oversight, he did not sign the last page of the bonus addendum. He initialed every block of the addendum and both the enlisting official and the service representative signed the addendum, acknowledging they witnessed he had reviewed this document and accepted the terms of the agreement.
3. The applicant provides:
* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States)
* Annex X to DD Form 4 (Prior Service Enlistment Bonus Addendum, Army National Guard of the United States)
* a memorandum, dated 6 July 2012, from the TXARNG to the National Guard Bureau (NGB)
* a memorandum, dated 6 November 2012, from NGB
* a memorandum, dated 28 November 2012, from his unit commander
CONSIDERATION OF EVIDENCE:
1. He previously served 5 years in the Regular Army where he received an honorable discharge.
2. On 23 March 2009, he enlisted in the TXARNG for a period of 6 years.
3. Annex X to his DD Form 4 contains his initials as follows:
a. Paragraphs 1, 2a, 3a, 4, and 5 of Section II - Eligibility of the form.
b. In Section III - Bonus Amount and Payments he initialed paragraph 1a, indicating he would receive a total bonus payment in the amount of $15,000 less taxes for a 6-year enlistment in the Critical Unit Identification code/Skill WTP9C0/18D3. He also initialed the portion that indicated the bonus payment would be processed in three installments:
* first 50 percent effective the date of the contract
* second 20 percent installment on the third-year anniversary
* final 30 percent on the sixth anniversary
He also initialed that he was duty military occupational specialty qualified on the date of his enlistment.
c. Paragraph 4 of Section IV - Suspension
d. Paragraph 2m of Section V - Termination
4. Other entries on Annex X to his DD Form 4 show:
a. Section VIII - Authentication contains the applicant's printed unit, date -
23 March 2009, and his name. However, the line for his signature is blank.
b. Section IX - Certification by Service Representative contains the printed names of the enlisting official and the service representative, signatures, and the date 23 March 2009.
5. A memorandum, dated 6 July 2012, from the TXARNG to NGB requests an exception to policy (ETP) for the missing signature on the applicants Prior Service Bonus Addendum (Annex X).
a. Annex X is missing the applicant's signature.
b. He was fully eligible for the incentive at the time of his enlistment.
c. The TXARNG Incentive Manager (IM) has established policies requiring TXARNG Readiness and Retention noncommissioned officers ensure that bonus addenda are completed, signed, and dated correctly to prevent this situation from happening in the future.
6. A memorandum, dated 6 November 2012, from NGB to the TXARNG denied the ETP for the applicant to retain the $15,000 PSEB offered at the time of enlistment on 23 March 2009. The State IM was to terminate the incentive with recoupment.
7. On 28 November 2012, the applicant's unit commander recommended he be allowed to retain his $15,000 PSEB.
8. In the processing of this case an advisory opinion was received from the Office of the Deputy Chief of Staff, G-1, Washington, DC.
a. The applicant was fully eligible for the PSEB at the time of his enlistment.
b. Recommend the applicant be granted full administrative relief and that any recoupment action be cancelled.
9. The applicant was provided a copy of the advisory opinion for his comments. However, he did not provide a response.
10. Title 37, United States Code (USC), Section 308b, then in effect, provided that an enlisted member of the Selected Reserve who had completed less than 14 years of total military service and who voluntarily re-enlisted or extended in a designated skill or unit for three years may be paid a bonus. Section 308b(b) set the amount of the bonus at $15,000 for a reenlistment or extension of six years.
DISCUSSION AND CONCLUSIONS:
1. The applicant initialed all of the appropriate paragraphs of Annex X at the time of his enlistment on 23 March 2009. However, he did not sign the form. The enlisting official and the service representative signed and dated the form on
23 March 2009. However, due to an administrative error, they failed to notice the applicant had not signed the form on the appropriate line.
2. He should not be penalized for an administrative error on the part of the enlisting official and the service representative. By his initials on the form, he clearly indicated he understood the amount of the PSEB and accepted the terms of the PSEB.
3. In view of the above, it would be appropriate for correct his records to show he signed Annex X to his DD Form 4 on 23 March 2009.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 and State Army National Guard records of the individual concerned be corrected to:
* show he signed Annex X to his DD Form 4 on 23 March 2009 for a 6-year prior service enlistment bonus in the amount of $15,000
* show he is eligible for payment of the bonus in accordance with the terms of Annex X of his DA Form 4
* pay him, out of Army National Guard funds, the bonus as specified in his enlistment contract
* return any monies that may have been recouped
___________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) AR20130005081
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