BOARD DATE: 5 December 2013
DOCKET NUMBER: AR20130007547
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 military records to show he remains entitled to his $10,000 Non-Prior Service Enlistment Bonus (NPSEB).
2. The applicant states, in effect, that the defects in his enlistment documents are not his fault.
3. The applicant provides a copy of a National Guard Bureau (NGB) Memorandum, dated 6 July 2012, Subject: Request for Exception to Policy (ETP) for NPSEB.
CONSIDERATION OF EVIDENCE:
1. The applicant is a specialist/E-4 in the Maryland Army National Guard (MDARNG).
2. A DD Form 1966 (Record of Military Processing Armed Forces of the United States) indicates he enlisted in the MDARNG on 4 April 2009. He did not have prior military service. Item 32a (Specific Option/Program Enlisted for Military Skill or Assignment to a Geographical Area Guarantees) was completed by the Guidance Counselor and Military Entrance Processing Station Liaison Noncommissioned Officer, shows "in accordance with Appendix A 290TH MP COMPANY WTNGAA 3727 PUTTY HILL AVE PARKVILLE, MD 212363509 1(410) 681-2383 extension 1062 6x2, 6 years, 31B1, ARNG Standard Training Program." The applicant and a Recruiter signed the form.
3. An NGB Form 600-7-1-R-E (Annex E to DD Form 4 Non-PSEB Addendum ARNG) shows:
a. In item 7 Non Prior Service (NPS) Critical UIC/Skill Bonus (50/20/30 payment): "I am enlisting into a Critical UIC/Skill 31B (per SRIP policy) to serve no less than 6 years in a paid drill status for $10,000. (The applicant initialed this statement).
b. In Section IV (Payments): Item 1. "I will receive a total bonus of $10,000 for the enlistment bonus options in Section II. (The applicant initialed).
c. A Bonus Control Number (BCN) is at the top of each page of the Addendum.
d. The applicant and the "Service Representative" signed the form.
4. The DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) is not available.
5. On 6 July 2012, the NGB denied the request for an ETP to allow the applicant to retain the $10,000 NPSEB offered at the time of his enlistment. The denying official stated the Enlisting Official and Service Representative failed to sign and date the addendum, the BCN was requested after the date of enlistment, and the incentive was not annotated on the DD Form 4 or DD Form 1966. Therefore the intent of the Government to offer an incentive at the time of enlistment cannot be validated. The State was directed to terminate the incentive; however, relief from recoupment was granted.
6. Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding he was entitled to and would receive a PSEB. He signed the appropriate forms.
2. The absence of signatures from the Enlisting Official and Service Representative and the timing of the BCN request are not the applicant's responsibilities. There is more than sufficient evidence available to show the applicant believed he would receive the PSEB that he was promised. The MDARNG is responsible for the administrative errors relating to the handling of the applicant's PSEB.
3. It would be appropriate to correct the applicant's military records to show he remains entitled to the enlistment bonus.
4. In view of the above, the applicant's request should be granted.
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 State Army National Guard and Department of the Army records of the individual concerned be corrected by showing the appropriate authority approved an ETP entitling the applicant to retain his enlistment bonus.
_________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) AR20110020775
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