IN THE CASE OF:
BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130009765
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 $10,000.00.
2. The applicant states he has not received his bonus that was included when he enlisted. He enlisted in May 2009 and left for basic training (BT) within 2 weeks by the beginning of June 2009.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 October 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he enlisted in the Louisiana Army National Guard (LAARNG) on 12 May 2009 for a period of 8 years in military occupational specialty 25U (Signal Support System Specialist).
2. His record contains a National Guard Bureau (NGB) Form 600-7-1-R-E (Bonus Addendums (ARNG) Annex E to DD Form 4 -- Non-Prior Service Enlistment Bonus (NPSEB) Addendum - ARNG), dated 12 May 2009, wherein it shows he was enlisting on that date in the LAARNG critical skill MOS of 25U for a period of 6 years and an NPSEB of $10,000.00 under the Split-Training Option.
3. This bonus addendum stated the bonus would be paid in three installments as follows:
* the first 50 percent installment would be processed upon completion of initial active duty for training (IADT) and verification of MOS qualification (MOSQ)
* the second 20 percent installment would be processed on the 3rd-year anniversary of the date of his enlistment
* the final 30 percent installment would be processed on the 6th-year anniversary of the date of his enlistment
4. The applicant signed and dated this addendum on 12 May 2009. The enlisting officer and service representative signed the addendum, but neither entered the date on which they signed the addendum. The addendum does contain a valid bonus control number (BCN).
5. His record contains a DD Form 220 (Active Duty Report) that shows he entered IADT on 26 May 2009 and he was assigned to Fort Jackson, SC, for BT. He successfully completed BT and he was released from active duty on 8 August 2009. He completed 2 months and 14 days of creditable active duty service during this period.
6. He entered ADT on 8 June 2010. He successfully completed advanced individual training (AIT) and he was awarded MOS 25U. He was honorably released from active duty on 14 October 2010 to the control of the LAARNG.
7. The DD Form 214 he was issued for this period of service shows he completed 4 months and 7 days of creditable active service.
8. In the processing of this case, on 19 June 2013, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.
a. The advisory official opined that a review of the applicants case shows he was offered the NPSEB for a 6-year enlistment for the critical skill MOS 25U in the amount of $10,000.00. The applicant signed and dated his bonus addendum but the government representatives failed to enter the date they signed the document. This administrative error resulted in the NPSEB not being recorded on his enlistment documents. The applicant is eligible to receive the full amount of his $10,000.00 NPSEB.
b. The advisory official recommended approval of the applicant's request for entitlement to an NPSEB bonus, that the applicant be granted full administrative relief, and that he receive payment of the NPSEB.
9. On 26 June 2013, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal. He did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he should be paid the $10,000.00 bonus he was promised in his bonus addendum on 12 May 2009.
2. The evidence of record confirms the applicant enlisted in the ARNG on 12 May 2009 for 6 years, in MOS 25U, for an NPSEB of $10,000.00 under the split-training option. He completed BT in 2009 and became MOSQ after completion of AIT on 14 October 2010. The advisory official confirmed that, through no fault of his own, the bonus addendum was not recorded in his enlistment documents because it was not dated by the ARNG representatives when they signed the addendum.
3. The applicant acted in good faith and fulfilled all the requirements of his contract. Therefore, he should not be penalized for an error committed by ARNG recruiting officials and he should be entitled to receive payment of a $10,000.00 enlistment bonus.
4. In view of the foregoing, the applicant's record should be corrected as recommended below.
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 by:
* showing he received a valid BCN upon enlistment in the LAARNG for the NPSEB in the amount of $10,000.00 and all required officials properly signed the bonus adendum
* 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 enlistment 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) AR20130009765
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