IN THE CASE OF:	  

		BOARD DATE:	  11 July 2013

		DOCKET NUMBER:  AR20130009394 


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 records to show he enlisted for military occupational specialty (MOS) 11B (Infantryman) in order to be relieved from recoupment of a $20,000.00 Affiliation Bonus (AB).

2.  The applicant states:

   a.  Upon an audit by the California Army National Guard (CAARNG) Incentives Task Force, he was informed he was ineligible for payment of an AB because he had enlisted in MOS 92Y (Unit Supply Specialist) for which he was not MOS qualified. 

   b.  He is a prior service Marine who held the Marine Primary Specialty 0311 (Rifleman).  The Army recognizes this specialty as automatically MOS qualifying for MOS 11B.  His request to change his enlistment MOS to 11B is based on the fact that he served as an active duty Marine Rifleman for more than 2 years, had less than 20 years of total active military service, enlisted in the ARNG for         
6 years, was MOS qualified as an 11B at the time of his enlistment, and affiliated to a critical unit possessing a critical skill.

3.  The applicant provides:

* a self-authored statement
* 8 memoranda
* 13 pages of electronic mail (Email)
* a diploma
* 3-page Incentives Task Force Bonus Audit Form
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* Annex B to DD Form 4 (Enlisted Affiliation Bonus Addendum)
* DD Form 1966 (Record of Military Processing – Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* ARNG Retirement Points History Statement
* ARNG Policy Number 07-05 Critical Unit Identification Code (UIC) List
* ARNG Policy Number 07-05/07-06 Critical MOS List
* three pages of screen shots

CONSIDERATION OF EVIDENCE:

1.  The applicant's records contain a DD Form 214 which shows he was honorably released from active service in the U.S. Marine Corps on 9 June 2007.  This form further shows he held a Rifleman Specialty for 3 years and 9 months and he served 4 years and 3 months of net active service. 

2.  His records contain a DD Form 4 which shows he enlisted for 6 years in the rank/grade of specialist/E-4 in the CAARNG on 20 September 2007.

3.  In connection with the applicant's enlistment in the CAARNG, he and his enlisting official signed Annex B to his DD Form 4.  This form shows in:

	a.  Section III (Payments), paragraph 1, the entry "I am affiliating for a 6-year enlistment.  I will receive an affiliation bonus in the amount of $20,000.00.  I certify that I am enlisting in an NGB approved critical UIC as per Section II, number 5 above, and I am MOS qualified for the valid position vacancy (or within 125% of the unit's authorized wartime strength) for which I am enlisting.  My bonus will be paid in one lump sum payment which will be processed upon enlisting in the ARNG.  I understand that if I am affiliating into the ARNG directly from active duty, my initial bonus payment will not be processed until I report to my gaining ARNG unit."

	b.  Section VIII (Authentication), is authenticated by the signature of the applicant on 20 September 2007.

   c.  Section IX (Certification by Service Representative) is authenticated by the signature of the enlisting official on 20 September 2007.  A Bonus Control Number is listed.


4.  His record contains a DD Form 1966 which shows he was processed for MOS 92Y on 20 September 2007.

5.  Records show the applicant successfully completed the Unit Supply Specialist Course on 20 May 2008.  He is currently serving in MOS 11B assigned to Company D, 1st Battalion, 194th Infantry Regiment (Light) which has critical UIC (WPVWD0).

6.  During the processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau (NGB).  This official recommended approval of the applicant's request to retain his AB in the amount of $20,000.00 and that his primary MOS reflect 11B upon his enlistment in the CAARNG.  The advisory opinion further stated:

   a.  The applicant enlisted as a 92Y on 20 September 2007, which was a CAARNG critical MOS and he was placed in a critical UIC.  This made the applicant eligible for a $20,000.00 bonus at the time of his enlistment.  He was also qualified to be slotted as an 11B, which was also a State critical MOS.  The applicant received his bonus on 30 October 2007 in the amount of $20,000.00.

   b.  The CAARNG Incentives Task Force later informed the applicant he was not eligible to receive the AB because he was not MOS qualified as a 92Y, per the Task Force's audit.  The applicant completed 92Y training on 20 May 2008.  Per the Incentives Branch at the NGB, the CAARNG should have requested an Exception to Policy on the applicant's behalf.  Per Department of Defense Instruction 1205.21, dated September 1999, E7.1.1.7, an ETP was granted          23 December 2008, DAPE, MPE-PD Memorandum, "Authorizes the Army Reserve Components to offer the EAB to members requiring MOS reclassification training in designated critical skills."

   c.  It is recommended the applicant receive full administrative relief in this case.  The error that occurred was at no fault of the applicant.  The applicant should receive repayment for any amount that has been recouped.  His records and contract should be corrected to reflect his entry into the CAARNG as an 11B.  Furthermore, the State concurs with the recommendation.

7.  On 22 May 2013, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

8.  ARNG Selected Reserve Incentive Program Guidance for Fiscal Year 2007, 16 June 2007- 31 March 2008 (Policy Number 07-05) (Revised 19 June 2007) states the ARNG offers two AB options to MOS qualified Soldiers who affiliate in the ARNG for 3 or 6 years.  The two options are:  affiliate MOS qualified in a critical UIC or affiliate MOS qualified in any Modification Table of Organization and Equipment unit.  Soldiers must meet the following eligibility requirements:

   a.  The applicant's last period of service must have been on active duty         (2 years or more).

   b.  Have not more than 20 years of total military service upon current expiration term of service or release from active duty.

   c.  Affiliate in the ARNG in an active drilling status for a minimum of 3 years.

   d.  MOS qualified at the time of enlistment and not more than one grade below the required grade specified for the vacancy for which affiliating.

   e.  Soldiers affiliating from another service must be awarded the enlistment MOS as their primary MOS at the time of affiliation using the Department of Defense Occupation Conversion Index and ARNG policies/procedures set forth in National Guard Regulation 600-200, chapter 5.

   f.  Affiliate in a valid, vacant position up to 125% of the unit's authorized wartime strength.

   g.  Complete Annex B of DD Form 4 for enlistment with an AB and have this form processed by their Recruiting and Retention NCO.  Soldiers affiliating through the Reserve Component Career Counselor at the Transition Point from Active Duty will complete the "Enlisted Affiliation Bonus Addendum," dated         16 June 2007.

   h.  Separate from an Active Component with a Reentry Code of 1, 2, or 3 with appropriate Separation Program Designator Code.

   i.  Agree to waive in writing participation in any State/Federal stabilization policy for a six-year enlistment into a critical UIC position and all three-year enlistments.

   j.  "Non-deployable units are not authorized."

   k.  Soldiers enlisting under the provisions of a DA Form 368 (Conditional Release) from another drilling component of the Armed Forces of the United States are not authorized AB.

   l.  Not enlisting under the Officer Candidate School option.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his records to show he enlisted for MOS 11B in order to receive relief from recoupment of a $20,000.00 AB has been carefully examined.

2.  The applicant enlisted with an AB for a total bonus of $20,000.00 in MOS 92Y for a period of 6 years.  The evidence shows the applicant entered into the contract in good faith.  It further confirms that the applicant was promised a $20,000.00 AB in conjunction with this enlistment and that this commitment was documented in the enlistment documents prepared by his enlisting official.

3.  Although his enlisting official enlisted the applicant as a 92Y, which was a CAARNG critical MOS and placed him in a critical UIC, the applicant was not MOS qualified as a 92Y; therefore, he was subsequently found ineligible for the AB after the AB had been paid to him.  

4.  However, the applicant was also qualified at the time of his enlistment to enlist and be positioned in the CAARNG as an 11B based on his prior service as a Marine Rifleman.  This was also a State critical MOS and he was assigned to critical UIC (WPVWD0).  

5.  The applicant successfully completed the Unit Supply Specialist Course in May 2008.  Evidence shows the applicant fulfilled the requirements of his enlistment contract and upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the AB according to the parameters of his enlistment contract and that he should receive repayment for any amount that has been recouped.  In addition, his records and enlistment contract should be amended to reflect his entry into the CAARNG as an 11B.

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:

   a.  amending his records and enlistment contract to reflect his entry into the CAARNG as an 11B with an affiliation with UIC WPVWD0;

   b.  paying him the AB according to the parameters of this corrected enlistment contract out of Army National Guard funds; and  
   
   c.  reimbursing any amount that has been recouped.




      _______ _   _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)                                         AR20130009394



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ABCMR Record of Proceedings (cont)                                         AR20130009394



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