BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20130009785
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 a Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000.00.
2. The applicant states:
a. she submitted a request for exception to policy (ETP) for her NPSEB. The request was denied based on the fact that the enlisting official failed to date the addendum and the service representative failed to sign and date it. The denial memorandum also states that an incentive was not offered to her at the time of her enlistment.
b. none of this information was given to her at the time of enlistment and her recruiter gave her no indication that the bonus may be terminated due to circumstances outside of her control.
3. The applicant provides:
* Annex E to DD Form 4 (Enlistment/Reenlistment Document), NPSEB Addendum Army National Guard (ARNG), dated 29 April 2009
* Enlistment/Reenlistment Agreement - ARNG
* Memorandum issued by the Deputy G-1, National Guard Bureau (NGB), subject: Request for ETP for NPSEB (applicant's name and Social Security Number)
CONSIDERATION OF EVIDENCE:
1. The applicant's records contain an enlistment document that shows she enlisted in the ARNG on 29 April 2009 for a period of 8 years.
2. Her record also contains an NPSEB Addendum, dated 29 April 2009, that shows she enlisted for the NPSEB in critical unit identification code/skill 25U (signal support systems specialist) (per Selected Reserve Incentive Program (SRIP)) in the amount of $10,000.00. This document is signed by an enlisting official.
3. She completed the 17-week Signal Support Systems Specialist Course in 2010.
4. She was promoted to the rank/grade of specialist (SPC)/E-4 effective
24 August 2011.
5. On 7 August 2012, the NGB disapproved the request for an ETP because the enlisting official failed to date the addendum and the service representative failed to sign and date it. In addition, the NGB points out her DD Form 4 and Enlistment/Reenlistment Agreement do not indicate that an incentive was offered at the time of enlistment.
a. In accordance with ARNG SRIP Guidance 07-06 with updates (effective
1 March 2009 to 15 June 2010), eligible applicants were offered the NPSEB.
b. The applicant enlisted into the ARNG on 29 April 2009 for the NPSEB in critical skill military occupational specialty 25U.
c. NGB directed the State Incentive Manager terminate the incentive with recoupment.
6. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for payment of an NPSEB in the amount of $10,000.00 per her NPSEB Addendum was carefully considered and determined to have merit.
2. Notwithstanding any lack of an entry on her enlistment contract, an enlisting official signed the NPSEB Addendum. This evidence confirms she enlisted in the ARNG on 29 April 2009 opting for an NPSEB in the amount of $10,000.00.
3. Through no fault of the applicant, the following administrative errors occurred:
* enlisting official failed to date the addendum
* service representative failed to sign and date it
* enlistment contract does not show the incentive was offered at the time of enlistment
4. She was eligible for this bonus at the time of her enlistment and did absolutely nothing wrong. Therefore, notwithstanding the ETP memorandum and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay her the NPSEB in the amount of $10,000.00.
BOARD VOTE:
_x___ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 ARNG records of the individual concerned be corrected by:
a. showing all officials properly and timely signed the NPSEB Addendum on 29 April 2009;
b. showing the Department of the Army authorized her to receive the bonus in question as agreed to in her NPSEB Addendum, dated 29 April 2009; and
c. paying to her the $10,000.00 bonus out of ARNG funds as a result of the above corrections.
__________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) AR20130009785
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