IN THE CASE OF:	  

		BOARD DATE:	  18 July 2013

		DOCKET NUMBER:  AR20130008452 


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 correction of his military service records to show entitlement to a $20,000.00 Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states he enlisted for a bonus, attended advanced individual training, and was awarded military occupational specialty (MOS) 42A (Human Resource Specialist).

	a.  Although it was not part of his enlistment contract, 2 years after being duty MOS qualified (DMOSQ), it was determined that MOS 42A required a security clearance.  However, he was not granted a security clearance.

	b.  Based on advice from his chain of command, he was reclassified into MOS 92A (Automated Logistical Specialist) and immediately became DMOSQ.

	c.  He submitted a request for the last installment of his bonus.  However, the State Incentive Manager (IM) terminated his bonus and initiated recoupment action.  An exception to policy was submitted, but it was denied.

3.  The applicant provides copies of documents related to actions taken to obtain his enlistment bonus.



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard of the United States (ARNGUS) and South Carolina Army National Guard (SCARNG) on 9 October 2008 for a period of 8 years.

2.  A National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E – NPSEB Addendum – ARNGUS) shows the applicant enlisted into MOS 42A, a critical skill MOS, and he would receive an NPS critical skill bonus (50/50 payment).

	a.  He would receive a total bonus in the amount of $20,000.00, less taxes.  The first bonus payment of 50 percent of the total was authorized to be paid upon completion of initial active duty for training (IADT) and award of the bonus MOS.  The second payment of 50 percent was to be paid on the 36-month anniversary of the date of enlistment.

	b.  A review of the addendum does not show a security clearance as an eligibility requirement for the MOS.

3.  The applicant was ordered to IADT on 13 January 2009.

4.  SCARNG Orders 155-831, dated 4 June 2009, awarded the applicant primary MOS (PMOS) 42A1O effective 29 May 2009.

5.  The applicant was advanced to specialist/E-4 on 11 September 2010 in PMOS 42A1O.

6.  SCARNG Orders 068-887, dated 9 March 2011, withdrew the applicant's PMOS of 42A1O and awarded him PMOS 92A1O effective 5 March 2011.

7.  SCARNG Orders 114-817, dated 24 April 2013, withdrew the applicant's PMOS of 92A1O and awarded him PMOS 91B1O (Wheeled Vehicle Mechanic) and secondary MOS 92A1O effective 12 April 2013.

8.  In support of his application, the applicant provides the following documents:

	a.  Two DA Forms 2823 (Sworn Statements), dated 2 November 2011 and 26 June 2012, show the applicant stated he enlisted for MOS 42A on 9 October 2008, the MOS did not have a security clearance requirement at the time, the policy subsequently changed, and he was unable to qualify for a security clearance.  He also stated that his unit sent him for training in MOS 92A, which is also a bonus MOS.

	b.  Two DA Forms 4187 (Personnel Actions), dated 2 November 2011 and 26 June 2012, show the applicant's commander recommended correction of the applicant's NGB Form 600-7-1-R-E to read, "8.  NPS Non-Critical Skill Bonus (50/50 payment):  I am enlisting into Unit (YRWAA) to serve at least 6 years in a paid drill status (263d AAMDC [Army Air and Missile Defense Command])."

	c.  A Commander's Selected Reserve Incentive Program Certification, dated April 2012, shows the applicant's anniversary payment for his NPSEB was requested based on an entitlement date of 9 November 2011.  It also shows the applicant was not DMOSQ due to the unit's reorganization effective 3 November 2011.  The document is not signed.

	d.  An SCARNG memorandum, dated 7 June 2012, subject:  Notification of Incentive Termination, shows the State IM notified the applicant that his $20,000.00 NPSEB was terminated due to failure to maintain MOS 42A and the amount of $3,611.11 was being recouped.

	e.  A Soldier Information – Information Management and Reporting Center report shows the first payment of the applicant's NPSEB was paid on 22 June 2009 in the amount of $10,000.00.  It also shows the applicant was denied a security clearance by the Central Clearance Facility and his NPSEB was suspended on 9 October 2011.

9.  In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.

	a.  The G-1 advisory official's review of the case revealed the applicant was offered the NPSEB for critical skill MOS 42A in the amount of $20,000.00.

		(1)  He received the initial payment of $10,000.00 upon completion of IADT.

		(2)  When the applicant did not qualify for a security clearance (a requirement for MOS 42A), he transferred to MOS 92A.

		(3)  MOS 42A and MOS 92A were both critical skills and offered the same bonus dollar amount at the time of the applicant's enlistment.  Thus, he is eligible to receive the full amount of his $20,000.00 NPSEB.

	b.  It appears that termination and recoupment actions were initiated due to the applicant being unqualified for a security clearance and did not take into account the applicant entered into another critical skill MOS.

	c.  Due to unit reorganization, the applicant was transferred to and is DMOSQ in MOS 91B.

	d.  Based on the review, the G-1 advisory official recommends granting the applicant administrative relief and payment of the NPSEB.

10.  The applicant was provided a copy of the G-1 advisory opinion in order to have the opportunity to respond; however, a response was not received.

11.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 56 (Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses), paragraph 560302 (Affiliation Bonus), provides that the Secretary concerned will designate the skills, units, and pay grades for which an affiliation bonus may be paid.

	a.  Any skill, unit, or pay grade so designated will be a skill, unit, or pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an Armed Force, as determined by the Secretary concerned.

	b.  The Secretary concerned will establish other requirements to ensure that members accepted for affiliation meet required performance and discipline standards.

		(1)  The amount of a bonus may not exceed $20,000.00.

		(2)  Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed.  The agreement will specify whether the bonus will be paid by the Secretary concerned in a lump sum or installments.

		(3)  A member who enters into an agreement and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, will be subject to the repayment provisions of chapter 2.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show entitlement to a $20,000.00 NPSEB because an additional requirement for a security clearance resulted in the withdrawal of his critical skill PMOS 42A; however, he was reclassified into another critical skill bonus MOS (PMOS 92A).

2.  Records show the applicant enlisted for an NPSEB for critical skill MOS 42A in the amount of $20,000.00.

3.  He completed IADT, was awarded PMOS 42A1O on 29 May 2009, and he received the initial payment of $10,000.00.

4.  The evidence of record shows the criteria to hold the MOS included a requirement for a security clearance.  However, the applicant was denied a security clearance.  As a result, the SCARNG withdrew the applicant's PMOS of 42A1O and awarded him PMOS 92A1O on 5 March 2011.

5.  His NPSEB was suspended on 9 October 2011 and he was notified that a portion ($3,611.11) of his first payment would be recouped.

6.  While the applicant's enlistment contract specifies eligibility for the NPSEB based on the critical skill bonus MOS 42A, this is not the overriding issue in this case.

	a.  The evidence of record shows MOS 92A is also a critical skill bonus MOS.  In addition, the applicant was awarded MOS 92A when MOS 42A was withdrawn and he completed the 36-month service requirement on 9 October 2011.

	b.  Thus, the applicant's contention has merit.

7.  In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he satisfied the requirements for entitlement to a $20,000.00 NPSEB.

BOARD VOTE:

___X_____  ___X_____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing he satisfied the requirements for entitlement to a $20,000.00 NPSEB for a critical skill bonus MOS and

	b.  paying him the NPSEB specified for critical skill bonus MOS 92A out of ARNG funds.

2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and remit payment to the applicant any amount that may have been recouped from the initial payment of his NPSEB and payment of the second installment of the enlistment bonus (less any withholdings) due.



      ______________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)                                         AR20130008452



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ABCMR Record of Proceedings (cont)                                         AR20130008452



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