IN THE CASE OF:  

		BOARD DATE:    26 November 2013

		DOCKET NUMBER:  AR20130006720


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, in effect, correction of his records to show he is entitled to the Non-Prior Service Enlistment Bonus (NPSEB) that he contracted for at the time of enlistment in the Minnesota Army National Guard (MNARNG).

2.  The applicant states the National Guard Bureau (NGB) decision memorandum that denied his request for an exception to policy (ETP) states he enlisted into a unit that was at 144 percent strength; however, when he enlisted, he was reassigned to another unit within the same battalion that was not overstrength.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States)
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 – NPSEB Addendum – Army National Guard of the United States (ARNGUS))
* Guard Annex (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment)
* DA Form 4187 (Personnel Action), dated 17 March 2009
* Memorandum, Recruiting and Retention Battalion, Joint Force Headquarters, MNARNG, dated 17 March 2009
* Memorandum, Office of the Adjutant General, Headquarters, MNARNG, dated 1 September 2009
* Memorandum, NGB, Arlington, VA, dated 11 September 2009

CONSIDERATION OF EVIDENCE:

1.  On 13 February 2009, the applicant enlisted in the MNARNG.
 
2.  In connection with his enlistment, he and his recruiter signed an NGB Form 600-7-1-R-E.  This form shows:

* he contracted for a $20,000.00 NPSEB, payable in two 50 percent installments, based on his agreement to become duty-Military Occupational Specialty (MOS) qualified (DMOSQ) in critical skill
88M (Motor Transport Operator)
* he enlisted for Company F, 134th Brigade Support Battalion (BSB),
1st Brigade, 34th Infantry Division, MNARNG (Unit Identification Code (UIC) WPUMF0)
* signatures were affixed to the last page of this addendum and the form contains a Bonus Control Number (BCN)

3.  Orders 082-1005, issued by Joint Force Headquarters, MNARNG, dated
23 March 2009, show he was attached for an indefinite period, from Company E (Detachment 1), 134th BSB (UIC WPUME1 – 75P) (emphasis added) to the Recruit Sustainment Program, 1st Battalion, 194th Armor Regiment
(UIC WX4TRP – 95C), effective 14 February 2009 (the day after he enlisted).

4.  Item 35 (Current and Previous Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) and Section IX (Assignment Information) of his
DA Form 4037 (Enlisted Record Brief) show he was assigned to Company E (Detachment 1), 134th BSB (emphasis added), effective 13 February 2009 (the day of his enlistment).

5.  On 17 March 2009, the Recruiting and Retention Battalion, Joint Force Headquarters, MNARNG, initiated a request for an ETP on the applicant's behalf. This memorandum states the applicant enlisted on 13 February 2009, and through no fault of his own, his BCN or Kicker [Montgomery GI Bill] control numbers were not properly requested in iMARC (Information Management and Reporting Center) until after his date of enlistment.

6.  On 25 May 2009, he entered active duty at Fort Sill, OK, for the purpose of attending basic training.  On 8 August 2009, after completing basic training, he was released from active duty to the control of the MNARNG.

7.  On 1 September 2009, the Office of the Adjutant General, MNARNG, initiated a request to NGB for an ETP on the applicant's behalf.  This memorandum states:

* on 13 February 2009, the applicant enlisted in critical skill MOS 88M
* he contracted for a $20,000.00 NPSEB
* due to no fault of the applicant, his recruiter failed to request an approved and valid BCN prior to contracting
* at the time of enlistment, his unit strength was 144 percent; however, it is presently 106 percent (as of the date the ETP request was submitted)

8.  The MNARNG ETP request memorandum does not reference his transfer from Company F to Company E within the same battalion that appears to have occurred on the date he enlisted or shortly thereafter.

9.  On 11 September 2009, NGB denied the MNARNG request for an ETP to allow the applicant to receive the NPSEB he contracted for.  In its denial memorandum the NGB cited:

* according to Selected Reserve Incentives Program (SRIP) Policy 07-06, dated 10 August 2007, a $20,000.00 NPSEB Critical Skill Bonus was authorized for MOS 88M
* according to SRIP Policy 07-06, paragraph 14(2)b., the eligibility requirements state an applicant must enlist into a valid vacant position or against a projected vacancy within 101 percent to 125 percent of the unit's wartime strength
* the unit the applicant contracted into was at 144 percent strength; therefore, he did not meet the initial eligibility criteria to receive the incentive

10.  The NGB ETP denial memorandum does not reference his transfer to another unit within the same battalion that appears to have occurred on the date he enlisted or shortly thereafter.

11.  On 19 May 2010, he entered active duty at Fort Leonard Wood, MO, for the purpose of attending advanced individual training (AIT).  On 16 July 2010, he completed AIT and he was awarded MOS 88M.  He was released from active duty to the control of the MNARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for an NPSEB in the amount of $20,000.00.  However, it appears his recruiter did not request his BCN in a timely manner, prior to the date he contracted; therefore, an administrative error occurred.

2.  Nevertheless, he met all of the requirements he agreed to on his enlistment bonus addendum contract and continues to satisfactorily serve in the MNARNG.

3.  His recruiter, acting on behalf of the MNARNG, had a responsibility to ensure the accuracy of the forms and the applicant's entitlement to the bonus program for which he was enlisting.  The applicant should not be penalized because of execution and oversight errors on the part of the MNARNG.

4.  The NGB denied the MNARNG's request for an ETP to allow the applicant to receive the NPSEB he contracted for, citing the contracted unit's strength of 144 percent; however, it appears that neither the MNARNG nor the NGB considered his transfer to a sister unit within the same battalion that occurred on the date he enlisted or shortly thereafter.  This appears to have been a good-faith measure to overcome any potential issues related to the contracted unit's strength.

5.  In view of the foregoing, and as a matter of equity, it would be appropriate at this time to correct the applicant's record to show he was fully entitled to receive the NPSEB he contracted for.

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 State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:
* 
showing he received a valid bonus control number upon enlistment in the MNARNG for the NPSEB in the amount of $20,000.00
* showing he is eligible for payment of the bonus in accordance with the terms of his enlistment contract
* paying him, out of ARNG funds, the remaining portion of his bonus as specified in his 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)                                         AR20100024747



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130006720



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1