BOARD DATE:	  20 February 2014

		DOCKET NUMBER:  AR20130009864 


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, an exception to policy (ETP) for retention of a Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states:

   a.  The incentive was terminated due to his failure to complete the initial training for critical military occupational specialty (MOS) 46R (public affairs broadcast specialist).

   b.  His National Guard Bureau (NGB) Form 600-7-1-R-E designates the enlisting unit as WPEVAA (119th Mobile Public Affairs Detachment) for earning an NPS Critical Skills Bonus (50/50 payment).  There is nothing on the contract requiring a Soldier to obtain a specific listed MOS.  Instead it indicates he must become Duty MOS Qualified (DMOSQ) in WPEVVA.  He has become DMOSQ as a 46Q (public affairs specialist) in WPEVAA and is currently in good standing with the unit.

3.  The applicant provides copies of his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), Annex E to DD Form 4 (NPSEB Addendum, Army National Guard (ARNG) of the United States), and a Request for ETP denial memorandum.


COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers request and statement to the applicant and provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Arkansas ARNG (ARARNG) on 20 February 2009 for 8 years.

2.  On 20 February 2009, he executed an Annex E for a $20,000.00 NPSEB.  The addendum states in:

   a.  Section II (Eligibility), NPS Non-Critical Skill (50/50 payment), "I am enlisting into WPEVAA (unit) to serve at least 6 years in a paid drill status."

   b.  Section III (Payment), "I will receive my first bonus payment of 50 percent of the total authorized amount when I complete individual advanced training and I am awarded the MOS for which I enlisted."

   c.  Section V (Termination), "I understand that I will be terminated from bonus eligibility with recoupment, if I do not become qualified in and awarded the MOS for my position within 36 months after the date of enlistment.”

3.  His record contains the following:

   a.  A DD Form 1966/1 (Record of Military Processing - Armed Forces of the United States), dated 20 February 2009, which shows in item 18 (Accession Data) his primary MOS would be 46R at the time of his enlistment.  He acknowledged his understanding and acceptance by placing his signature in the appropriate block.

   b.  A Guard Annex (Enlistment/Reenlistment Agreement - ARNG), dated 20 February 2009, which shows he was enlisting to attend schooling for MOS 46R.  He acknowledged his understanding and acceptance by placing his signature in the appropriate block.

4.  He provided a copy a Request for ETP memorandum, dated 31 October 2013, wherein the Deputy G1, NGB, advised the ARARNG State Incentive Manager of the following:

   a.  An ETP to allow the applicant to retain the $20,000.00 NPSEB that was offered at the time of his enlistment was denied.  The incentive would be terminated without recoupment.  In accordance with ARNG Selected Reserve Incentive Program Guidance for Fiscal Year 2008, 10 August 2007 through 
28 February 2009 (Policy 07-06), Soldiers were offered the NPSEB.

   b.  The applicant enlisted into the non-critical skill MOS “15P” (aviation operations specialist).  However, he failed to complete the initial training for the MOS he agreed to serve in.  In accordance with Army Regulation 601-210 (Active Reserve Components and Enlistment Program), paragraph 10-8a(3), if the Soldier fails to become MOS qualified incentive eligibility would be terminated.  The NGB has been delegated authority to waive the requirement to recoup the $10,000 payment already received.  The incentive will be terminated; however, no recoupment action would be initiated and no further payments would be authorized.  The applicant may file a claim with the Army Board for Correction of Military Records if there is a belief that an error or injustice still exists. 

5.  Army Regulation 601-210 prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the Regular Army, the Army Reserve, and the ARNG.  Paragraph 10-8a(3) of the regulation states incentive eligibility will be stopped when a Soldier fails to become MOS qualified or certified in the health professional specialty for which contracting.

6.  An advisory opinion was requested from the Office of the Deputy Chief of Staff, G-1 to clarify the information in NGB’s 31 October 2013 Request for ETP memorandum.  After inquiring with the ARNG office that processed the applicant’s request for an ETP it was clarified that the reference to MOS 15P in the memorandum was an administrative error.  However, there would be no change in the disposition of the ETP due to “fault of the Soldier” not completing the training for which contracted.

7.  A copy of the advisory opinion was provided to the applicant for response or rebuttal.  He did not respond within the given time frame.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the ARARNG for an NPSEB in MOS 46R.  The NGB terminated his incentive upon their discovery that he had failed to complete the initial training for the MOS he agreed to serve in.

2.  The applicant's contentions and the documents he submitted were carefully considered.  However, there is no evidence of record and he did not provide sufficient evidence showing the MOS he contracted for was 46Q.  His eligibility for the NPSEB was contingent upon his completion of training in MOS 46R and not 46Q.  

3.  In accordance with regulatory guidance when a Soldier fails to become MOS qualified incentive eligibility would be terminated.  Therefore, there is no basis to support granting him the requested relief.

4.  Notwithstanding the 2012 ETP memorandum stating he failed to complete training in MOS 15P and the applicant's completion of training and becoming DMOSQ as a 46Q he has not shown his NPSEB incentive was erroneously or unjustly terminated.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X___  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _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)                                         AR20130009864





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ABCMR Record of Proceedings (cont)                                         AR20130009864



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