BOARD DATE: 5 March 2014
DOCKET NUMBER: AR20130011402
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, payment of a $5,000.00 Non-Prior Service Enlistment Bonus (NPSEB).
2. He states he was not able to be duty qualified in his military occupational specialty (MOS) within 24 months due to training seat availability and the length of training. He adds he did not have the ability to effect or request any changes to those elements. He states he completed all tasks directed and became qualified in his MOS at the first opportunity available.
3. He provides a memorandum, Subject: Initial Active Duty for Training (IADT) for (Applicant), dated 30 April 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the Pennsylvania Army National Guard (PAARNG) for 6 years on 10 December 2010.
2. Annex E to his DD Form 4 (Enlistment/Reenlistment Document) shows he enlisted for a $5,000.00 NPSEB in MOS 35M (Human Intelligence Collector). Section IV of this annex states "I understand that if I fail to become fully qualified in an ARNG state critical skill MOS within 24 months of my enlistment the incentive described herein will terminate without payment."
3. Item 14 (Military Education) of his DD Form 214 shows he successfully completed the Arabic Basic Language Course, 63 weeks in 2013. It also shows he completed the Human Intelligence Collector Course, 19 weeks in 2011.
4. In a memorandum, Subject: IADT for (Applicant), dated 30 April 2013, a representative for the PAARNG said the applicant shipped on his original ship date to basic and advanced individual training followed by the Defense Language Institute (DLI) on 1 March 2011. He said the applicant continued on his original IADT orders and was sent to DLI. The course began on 14 November 2011 and he graduated from all training on 28 March 2013. The total length of the training was 2 years and 28 days. He offered that the applicant could not become duty MOS qualified (DMOSQ) within 24 months due to training seat availability and length of training.
5. On 22 July 2013, an advisory opinion was obtained from the representative, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, who recommended approval of the applicant's request. He said a review of the applicant's case shows he was denied his bonus because he did not complete training to become MOS qualified with 2 years of his enlistment. The applicant became DMOSQ in 2 years and 28 days due to training seat availability and the length of training.
6. On 23 July 2013, he was provided a copy of this advisory opinion, but he did not respond.
7. National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-3, provides that a person is eligible for an NPSEB if they meet the following requirements:
* contract for a term of 8 years (6 years must be in the ARNG)
* meet eligibility requirement for enlistment as an NPSEB applicant
* enlist for assignment to a vacant position
* meet the educational requirements
* has an Armed Forces qualification test score of 31 or higher
* is not enlisting for a MilTech position
* completes the NGB Form 600-7-1-R-E (Annex E to DD Form 4 NPSEB Addendum ARNG)
* only contracts for one bonus at a time
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the PAARNG in good faith for a period of 6 years with the expectation of a $5,000.00 enlistment bonus.
2. Evidence of record indicates he met the eligibility requirements to receive payment for the NPSEB if he had completed the course within 2 years. However, due to training seat availability and the length of training, it took him 2 years and 28 days to complete the course which was outside of his contractual agreement. In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's record to show he was fully entitled to receive the NPSEB he contracted for.
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 and State Army National Guard records of the individual concerned be corrected to show he:
a. was authorized an exception to policy to be paid the NPSEB in accordance with the terms of his enlistment contract; and
b. paying him the bonus, out of ARNG funds, as specified in his enlistment contract.
_______ _ _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.
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