IN THE CASE OF:	

		BOARD DATE:	  19 December 2013

		DOCKET NUMBER:  AR20130005767 


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 his prior service enlistment bonus (PSEB) be entered into the Puerto Rico Army National Guard (PRARNG) Information Management and Reporting (iMARC) and be submitted for payment. 

2.  The applicant states his PSEB was entered erroneously in iMARC as a conversion bonus.

3.  The applicant provides:

* Self-authored recommendation or payment
* Front page of a DA Form 1559 (Inspector General Action Request)
* Annex X (PSEB Addendum - ARNG) to DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the PRARNG on 22 January 1997 and he held military occupational specialty (MOS) 13B (Cannon Crewmember).  He was mobilized on 27 October 2003 and subsequently served in Kuwait from 24 December 2003 to 9 March 2004 and from 18 March 2004 to 29 May 2004.  

2.  He was honorably released from active duty on 20 July 2004 to the control of the ARNG.  He was also separated from the PRARNG on 21 January 2005.  

3.  On 30 July 2008, he again enlisted in the PRARNG for a 6-year term. He completed two Annexes in connection with this enlistment: Annex X and a Student Loan Repayment Program (SLRP) Addendum.   

4.  The SLRP Addendum was completed on 30 July 2008 and is signed by himself and an enlisting official, but is void of a Bonus Control Number.  It shows he acknowledged he is a prior service applicant enlisting for a 6-year term and he had one existing loan in the amount of $2,145.46.  He also acknowledged the incentive would be terminated if he voluntarily transferred out of his contracted MOS or SLRP-eligible unit.

5.  Annex X was also completed on 30 July 2008 and is signed by himself and an enlisting official but is also void of a Bonus Control Number.  He acknowledged that: 

* he has completed not more than 16 years of total military service
* he was not qualified in the MOS in which he was enlisting but has enlisted in a State Critical Skill MOS and agreed to attend training and become qualified in his contracted MOS within 24 months
* he meets all enlistment eligibility criteria set forth in National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management)
* he is not enlisting into an excess position or into a Table of Distribution and Allowances (TDA) unit
* he is not enlisting for a Title 10 or Title 32 Active Guard Reserve tour or military technician position
* he has received an honorable discharge for all periods of prior military service
* he must be enlisting into a critical unit identification code (UIC) and/or a Critical Skill approved by the National Guard Bureau (NGB)
* he would receive a total bonus payment in the amount of $15,000.00 less taxes for a 6-year enlistment, to be paid in two 50% installments of $7,500.00
* the first 50% ($7,500.00) installment will be processed for payment upon enlistment, or if not MOS qualified, upon successful completion of MOS training 
* the second and final 50% ($7,500.00) installment will be processed for payment on the third anniversary of the date of enlistment

6.  He completed Phase II of the Interior Electrician Course from 23 October 2009 to 6 November 2009.  Accordingly, on 17 December 2009, the PRARNG published Orders 351-500 awarding him primary MOS (PMOS) 21R (Interior Electrician) and secondary MOS (SMOS) 13B, effective 6 November 2009. 

7.  He was promoted to sergeant/E-5 on 16 February 2010 while assigned to the 215th Engineer Company (Vertical).

8.  He completed Phase II of MOS 12H (Construction Engineering Supervisor) from 13 to 28 March 2013.  

9.  On 1 August 2012, the PRARNG published Orders 214-506 promoting him to staff sergeant/E-6, withdrawing PMOS “12R,” and awarding him PMOS 12H and SMOS 13B, effective 31 July 2013. 

10.  It is unclear if he submitted his request to the PRARNG or was denied payment by the PRARNG and/or the NGB.  

11.  An advisory opinion was obtained on 15 May 2013 from the Office of the Deputy Chief of Staff, G-1, in the processing of this case.  The G-1 official recommended the applicant be granted full relief and receive both the PSEB and SLRP incentives as indicated on his bonus addenda.  The G-1 official added that a review of the applicant's case shows he was offered the PSEB and SLRP incentives for enlistment in a non-duty MOS qualification for MOS 21R.  MOS 21R was not a Critical Skill for the PRARNG or NGB at the time of enlistment and the applicant should not have been offered the incentives.  As a result of this administrative error, no fault of his, he has not been paid for either incentive.  

12.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

13.  NGR 600-7 (Selective Reserve Incentive Programs) 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 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 enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the PRARNG for a 6-year term on 30 July 2008.  He enlisted for training in MOS 21R and assignment to the 215th Engineer Company.  He completed Annex X that promised him a bonus and an SLRP Addendum that promised him payment towards authorized loan(s).  He completed and signed the documents that his recruiter provided him.  

2.  Unfortunately, he enlisted for a non-critical skill MOS and/or unit.  The concept of offering financial incentives to Soldiers for reenlisting in certain critical specialties and/or units is to fill those shortages so that commanders can maximize the use of their manpower/resources.  That is why not every MOS or UIC is authorized an incentive.  That is also why his SLRP Addendum and Bonus Annex do not contain a Bonus Control Number.

3.  Although the applicant enlisted in good faith, and notwithstanding the favorable advisory opinion provided by the G-1 official, the applicant was not entitled to either option and he should not receive an incentive that was offered in error and is not otherwise offered to others. 

4.  The Board does not manage the iMARC system or enter information into this system.  In any case, the Decentralized State Incentive Pilot Program (DSIPP) and ultimately the Guard Incentive Management System (GIM) have gradually replaced the iMARC as the ARNG system for managing incentives and bonuses. These systems are managed by the states and/or the NGB.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ____X____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20130005767



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ABCMR Record of Proceedings (cont)                                         AR20130005767



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