IN THE CASE OF:	  

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130006707 


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 the remainder of his Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000.

2.  He states:

	a.  he knows it was an error on the dates of the contracts which caused the payment delay or error according to his recruiter, unit chain of command, and the Puerto Rico Army National Guard (PRARNG) Headquarters Inspector General.

   b.  he enlisted under a Foreign Language Recruiting Initiative (FLRI) and received two contracts both with an enlistment bonus of $20,000 and divided into two payments.  He received the first payment, but he didn't receive the second payment.  It has been 2 years since his payment was due.

	c.  he received a letter notifying him of the error and his eligibility to apply for an exception to policy, then he received a denial letter.

	d.  he has honored his part of the contract and hopes for a reconsideration on his case so that he can receive the payment he was offered in his enlistment contract.  



3.  He provides:

* Self-authored statement, dated 30 March 2013
* Memorandum, Subject:  Notification of Incentive Discrepancy and Exception to Policy Process, dated 20 January 2012
* Letter, dated 25 January 2012, addressed to State Incentive Manager
* National Guard Bureau (NGB) Form 600-7-1-R-F (Annex F to DD Form 4 (Enlistment/Reenlistment Document) - NPSEB Addendum - Army National Guard of the United States (ARNGUS))
* Annex E to DD Form 4 (NPSEB Bonus Addendum - ARNGUS)
* Email correspondence
* Memorandum, Subject: Request for Exception to Policy for NPSEB (Specialist (SPC) (applicant's name), xxx-xx-xxxx)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the PRARNG on 31 December 2008 for a period of 8 years.  

2.  In connection with his enlistment, he signed an NGB Form 600-7-1-R-F which shows in:  

	a.  Section III (Payments):

		(1)  he enlisted for a $20,000 NPSEB;

		(2)  he would receive the first bonus payment of 50 percent of the total authorized amount, less taxes, when he completed initial active duty for training and is awarded the military occupational specialty (MOS) for which he enlisted; and

		(3)  he would receive a second and final payment on the 36-month anniversary of his enlistment.

	b.  Section VIII (Authentication) he signed the addendum on 31 December 2008.

	c.  Section IX (Certification by Service Representative) shows:  

		(1)  the entry "I certify that I have witnessed the reading and signing of the above agreement and the signature appearing above is that of the applicant.  I have verified the Soldier meets the eligibility requirements of National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)), paragraph 2-3 and the applicant's MOS/unit is currently eligible for an enlistment cash bonus"; and 

		(2)  the enlisting official signed Annex F to the DD Form 4 on 31 December 2008.  The addendum does not include a bonus control number (BCN).  

3.  In connection with his enlistment, he also signed an NGB Form 600-7-1-R-E.  This form shows he contracted for a $20,000 NPSEB, payable in two installments.  This addendum is signed by the applicant on 12 May 2009.  The enlisting official signed the addendum; however, the date signed is not indicated on the form.  The addendum does not include a BCN.

4.  At the completion of active duty for training, he was awarded MOS 21R (Interior Electrician).  

5.  Orders 312-555, Puerto Rico National Guard Element, Joint Forces Headquarters, dated 8 November 2010, awarded him MOS 12R1O (Interior Electrician) as his primary MOS, effective 1 October 2010 and withdrew MOS 21R.

6.  In a 20 January 2012 memorandum, the State Incentive Manager informed the applicant that a discrepancy had been discovered with his bonus and/or student loan repayment incentive contract.  He was advised that he was eligible to request an exception to policy.  His information regarding this discrepancy included:

* the incentive type:  NPS Enlistment Critical Skill Bonus
* Discrepancy Amount:  $10,000
* Reason for the Discrepancy:  the applicant signed the addendum after the date of enlistment, reenlistment, extension, accession or appointment

7.  On 25 January 2012, he submitted a request for an exception to policy regarding his enlistment bonus to the State Incentive Manager.

8.  On 15 March 2013, the NGB denied the PRARNG's request.  In its denial memorandum, the Deputy G-1, ARNG, stated the applicant's contract/bonus addendum was signed after the accession.  The applicant contracted for the critical unit identification code (UIC) option in accordance with the SRIP addendum; however, the UIC was not on the approved critical UIC list which violated ARNG SRIP 07-06 (10 August 2007 to 28 February 2009).  The NGB official further stated that the applicant enlisted under the FLRI and the FLRI enlistees were required to sign for the NPSEB on the date of enlistment and then required to complete English language training.  The applicant did not sign the addendum until 13 May 2009, which was more than 5 months after his enlistment.  The applicant was advised to apply to this Board.  

9.  He provided several pages of email correspondence wherein the majority of the emails were written in Spanish.  In an email dated 26 February 2013, he was informed his case regarding his enlistment bonus was referred to the Puerto Rico Inspector General's Office.  In an email dated 13 March 2013, he was informed his request for an exception to policy for the NPSEB was denied.  

10.  He provided a self-authored statement wherein he stated he has made numerous calls and follow-up emails, but without success.  The only person who responded to him after almost two years was the Assistant Inspector General.  This official sent him the final decision of the denial and closed his case.  He put a lot of time and effort into this case and he never received any feedback until receipt the denial letter, which is unfair.  He believes he has honored his contract as an enlisted Soldier and expects the system to do the same for him.  

11.  National Guard Regulation 600-7 (SRIP), chapter 2, paragraph 2-3, provides that a person is eligible for an NPSEB if they meet the following requirements:

* contract for a term of 8 years (6 years must be in the ARNG)
* meet eligibility requirement for enlistment as an NPSEB applicant 
* enlist for assignment to a vacant position
* meet the educational requirements
* have an Armed Forces qualification test score of 31 or higher
* are not enlisting for a MilTech position
* complete the NGB Form 600-7-1-R-E
* only contract for one bonus at a time

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for payment of the remainder of his NPSEB in the amount of $10,000 was carefully considered and determined to have merit.

2.  The evidence of record confirms he enlisted in the PRARNG on 31 December 2008 for MOS 21R.  

3.  Although an exception to policy was requested, the request to pay an NPSEB in the amount of $10,000 to the applicant was denied by NGB because the applicant signed the contract after the accession and the UIC was not on the approved critical UIC list, which violated ARNG SRIP 07-08.  However, he signed an NPSEB addendum (NGB Form 600-7-1-R-F) at the time of his December 2008 enlistment in the PRARNG in the amount of $20,000.  The 15 March 2013 NGB memorandum stated he enlisted under the FLRI and these enlistments required him to sign for the NPSEB on the date of enlistment, which he did.  

4.  He fulfilled his contractual agreement by completing the training for his MOS.  However, MOS 21R was not a critical skill MOS and he signed an NPSEB addendum (NGB Form 600-7-1-R-E) on 12 May 2009, which is five months subsequent to his enlistment in the PRARNG on 31 December 2008.  

5.  The applicant met all of the requirements he agreed to on his 31 December 2008 NPSEB contract; therefore, he should be entitled to the remaining payment of $10,000 NPSEB that is listed in his enlistment contract.

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 the state Army National Guard records of the individual concerned be corrected by:

     a.  showing the appropriate authority approved an exception to policy to pay him the second half of his NPSEB in accordance with the terms of his enlistment contract; and

     b.  paying him, out of Army National Guard funds, the remaining portion of his bonus as specified in his 31 December 2008 enlistment contract, less taxes.



      _______ _   _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)                                         AR20130006707





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006707



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1