IN THE CASE OF:	  

		BOARD DATE:  4 June 2013

		DOCKET NUMBER:  AR20130007144 


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 an enlistment bonus in the amount of $5,000.

2.  The applicant states she enlisted on 16 August 2010 in military occupational specialty (MOS) 35P (Cryptologic Linguist).  The minimum training time for her MOS was 95 weeks and 4 days without any delays between classes and travel time.  When she enlisted, she contracted for a bonus in which she was informed she had 2 years to complete her MOS training in order to receive the bonus.  She was scheduled for her basic combat training (BCT) with a start date of 22 November 2010.  This date was 14 weeks from her enlistment to her ship date.  This meant when she was scheduled for training there was no possible way she was going to become MOS qualified (MOSQ) within 2 years.  This was not explained to her.  

3.  The applicant provides:

* her DD Form 214 (Certificate of Release or Discharge from Active Duty)
* her DD Form 215 (Correction to DD Form 215)
* a DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* a DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* an Annex E to DD Form 4 (Non-Prior Service (NPS) Enlistment Bonus Addendum - Army National Guard (ARNG))
* a DA Form 2823 (Sworn Statement)
* her Personnel Qualification Record 
* a page titled Army Training Requirements and Resources System (ATRRS)
* two memoranda

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show she enlisted in the Pennsylvania ARNG (PAARNG) on 16 August 2010.  Her records contain an Annex E to DD Form 4, dated 16 August 2010, wherein it shows she was enlisting on that date in the PAARNG critical skill MOS of 35P, for a period of 6 years, and for an NPS enlistment bonus (NPSEB) of $5,000.  

2.  This bonus addendum contains the following statements:

* "I understand I will forfeit 50% of the total bonus amount if I do not ship on the original scheduled…ship date of 23 November 2010"
* "I understand that if I fail to become fully qualified in an ARNG CS MOS within 24 months of my enlistment the incentives described herein will terminate without payment"

3.  Orders 0307020, dated 3 November 2010, issued by the Military Entrance Processing Station (MEPS) Harrisburg, Mechanicsburg, PA, ordered her to initial active duty for training (IADT) with a report date of 22 November 2010.  These orders stated she would attend BCT for approximately 10 weeks and advanced individual training (AIT) for approximately 74 weeks MOS training with a report date of 10 March 2011. 

4.  The applicant entered IADT on 22 November 2010.  She completed BCT at Fort Jackson, SC, on 25 February 2011.  

5.  The applicant provides an ATRRS printout, undated, wherein it shows she attended the Arabic Basic Preparation Course at the Defense Language Institute (DLI), Monterey, CA, from 3 March to 3 July 2011 (17 weeks).  It also shows she attended the 35P Arabic Cryptologic Linguist Course at the DLI, Goodfellow Air Force Base, TX, from 20 July 2011 to 25 October 2012.

6.  Orders 296-04, dated 22 October 2012, issued by the U.S. Army Intelligence Center of Excellence, Fort Huachuca, AZ, awarded her MOS 35P1L effective 25 October 2012.

7.  She was honorably released from active duty on 30 October 2012 by reason of completion of required active service to the control of the PAARNG, Company A, Special Troops Battalion, 55th Sustainment Brigade, Berwick, PA.  She completed 1 year, 11 months, and 9 days of creditable active service.

8.  The DD Form 214 she was issued incorrectly contains the following entries in:

* Item 12a (Date Entered Active Duty this Period) "2011--11--23"
* Item 12c (Net Active Service this Period) "0000--11--03"
* Item 12e (Total Prior Inactive Service) "0001--03--07"
* Item 12h (Initial Entry Training) "0000--11--08"

9.  A DD Form 215, dated 20 November 2012, was issued to correct the following entries as follows:

* Item 12a "2010--11--22"
* Item 12c "0001--11--09"
* Item 12e "0000--03--06"
* Item 12h "0001--11--09"

10.  In a memorandum dated 10 December 2012, the Office of the Adjutant General, PAARNG, Fort Indiantown Gap, PA, submitted a request to the National Guard Bureau (NGB) for an exception to policy and asked the applicant be paid the 1st installment of her enlistment bonus in the amount of $2,500.

11.  In a memorandum dated 28 March 2013, the Deputy G-1, NGB, denied the request and stated the applicant did not complete her MOS training within the required 24 months which violated ARNG Selected Reserve Incentive Program (SRIP) guidance for Fiscal Year 2010.  The applicant's contract, dated 16 August 2010, stated she was enlisting in MOS 35P for a bonus of $5,000 and she did not become MOSQ until 25 October 2012.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she should be paid the $5,000 bonus she was promised in her bonus addendum on 16 August 2010.

2.  The evidence of record confirms the applicant enlisted in the ARNG on 16 August 2010 for 6 years, in MOS 35P, for an NPSEB of $5,000, with a report to IADT on 23 November 2010.  As specified in her enlistment contract, she was required to become MOSQ within 24 months of her enlistment.  She entered active duty on 22 November 2010 and she completed BCT on 25 February 2011.  However, it appears she was required to attend a 17-week Arabic Basic Preparation Course at Monterey, CA, prior to reporting to Goodfellow Air Force Base, TX, for the Arabic Cryptologic Linguist Course.  As a result, and through no fault of her own, she did not become MOSQ until 25 October 2012, just over 26 months after her enlistment in the ARNG.

3.  It is evident an error was committed in the processing of her enlistment contract by the recruiting officials.  As the applicant was enlisting in a CS for the Arabic language, the recruiting officials should have known she would be required to complete a 17-week preparation course prior to reporting to AIT for the 74-week Arabic course.  With an additional 10 weeks required for the completion of BCT, and factoring in travel time from Fort Jackson, SC, to Monterey, CA, and from Monterey, CA, to Goodfellow AFB, TX, there was no possible way for the applicant to become MOSQ within 24 months of her enlistment in the ARNG.  

4.  But regardless of the additional time it took her to become MOSQ, this was not the fault of the applicant.  She acted in good faith and fulfilled all the requirements of her contract.  In addition, the MOS 35P that she enlisted for, and served in, was on the 2010 SRIP list for an enlistment bonus.  

5.  Therefore, she should not be penalized for an error committed by ARNG recruiting officials and she should be entitled to receive payment of a $5,000 enlistment bonus.

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 records and the Army National Guard of the individual concerned be corrected to:

* show she enlisted in the ARNG for MOS 35P and qualified for a $5,000 enlistment bonus upon becoming MOSQ

* pay her the enlistment bonus as specified in her corrected enlistment contract
* pay her out of Army National Guard funds



      _______ _  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)                                         AR20130007144





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ABCMR Record of Proceedings (cont)                                         AR20130007144



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