IN THE CASE OF:	

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130011987 


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 the decision by the National Guard Bureau (NGB) to deny him payment of the second half of his prior service enlistment bonus (PSEB) of $15,000 be reversed and he be paid the bonus.  

2.  The applicant states, in effect: 

* he enlisted in the South Carolina Army National Guard (SCARNG) and agreed to serve in military occupational specialty (MOS) 21J (General Construction Equipment Operator)
* he executed Annex X (PSEB Addendum ARNG) to the DD Form 4 (Enlistment/Reenlistment Document) 
* his recruiter made the errors by signing his (the applicant's) name in the wrong place on the form and the DD Form 4 was sent in late by the same recruiter
* he submitted an exception to policy to the NGB but his request was denied

3.  The applicant provides the NGB denial memorandum, a sworn statement from his recruiter, and Annex X to DD Form 4 (Enlistment/Reenlistment Document).

CONSIDERATION OF EVIDENCE:

1.  The applicant previously served in the ARNG in MOS 62J (General Construction Equipment Operator) from November 1984 to January 1988.  He also served in the Regular Army, in MOS 62J, from 27 January 1988 to 30 March 1992.  

2.  He was assigned to the Individual Ready Reserve of the U.S. Army Reserve (USAR) from March to November 1992 and in the USAR from May 1993 to January 1996.  

3.  He enlisted in the SCARNG on 15 April 2009.  Item 32 (Specific Options/Programs Enlisted For) of his DD Form 1966 (Record of Military Processing) shows he enlisted in the rank/grade of specialist/E-4, in MOS 21J, for a period of 6 years and for an enlisted bonus. 

4.  In connection with his enlistment, he completed Annex X wherein he acknowledged that:

* he has not completed more than 16 years of total military service upon his enlistment in the ARNG
* he is qualified in and holds the MOS for which he was enlisting and held the rank/grade required of his position
* he was enlisting for a 6-year PSEB in a critical Unit Identification Code (UIC)/skill and would receive $15,000 bonus for his enlistment in MOS 21J
* the first 50 percent of the bonus would be paid upon his enlistment; the second 20 percent would be paid on the third anniversary, and the final 30 percent will be paid on the sixth anniversary
* the bonus would be terminated with recoupment if he voluntarily transferred out of the Critical UIC or Critical Skill for which the bonus is approved

5.  He authenticated this Annex with his signature on 22 April 2009.  The enlisting official signed the Annex but did not date it.  Additionally, the applicant also signed the block reserved for the service representative.  Furthermore, the Annex contains Bonus Control Number P09XXXXXX26SC.   

6.  On 28 July 2009, the SCARNG published Orders 209-811 awarding him primary MOS (PMOS) 21E (Heavy Construction Equipment Operator), effective 22 June 2009.  His unit is listed as Detachment 1, 741st Quartermaster Battalion, Allendale, SC. 

7.  On 1 October 2010, the SCARNG published Orders 294-1078 awarding him PMOS 12N (Horizontal Construction Engineer) and withdrawing PMOS 21E, effective 1 October 2010.  His unit is listed as Detachment 1, 741st Quartermaster Battalion, Allendale, SC.

8.  The applicant entered active duty for training (ADT) and completed Phases I and II of MOS 92W (Water Treatment Specialist) from 24 June to 8 July 2011 and 8 July to 22 July 2011.  

9.  On 1 August 2011, the SCARNG published Orders 213-808 awarding him PMOS 92W and secondary MOS (SMOS) 12N, effective 23 July 2011.  His unit is listed as Detachment 1, 741st Quartermaster Battalion, Allendale, SC

10.  On 21 November 2011, the SCARNG published Orders 325-823 releasing him from assignment to the Water Treatment Support Detachment, 741st Quartermaster Company, Allendale, SC, and reassigning him to Company A, 351st Aviation Support Battalion, Cheraw, SC, effective 30 November 2011, per his individual request. 

11.  Also on 21 November 2011, the SCARNG published Orders 325-823 promoting him to sergeant/E-5 and awarding him PMOS 12N and SMOS 92W. 

12.  On 2 August 2013, the SCARNG published Orders 214-994 awarding him PMOS 92W and SMOS 12N, effective 30 July 2013.  His unit is listed as Company A, 351st Aviation Support battalion, Cheraw, SC.

13.  It appears he submitted an exception to policy through his chain of command to the NGB requesting to retain the $15,000 PSEB offered at the time of his enlistment on 15 April 2009. 

14.  On 6 July 2012, the NGB denied his request and instructed the State Incentives Manager to terminate his incentive with recoupment.  The NGB stated: 

	a.  In accordance with the ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06 (1 March 2009 to 15 June 2010), eligible applicants were offered the PSEB.  The applicant enlisted on 15 April 2009 for the PSEB in the Critical Skill MOS 21J.  He signed the Addendum on 21 April 2009, after the date of his enlistment, and the witnessing official failed to sign the agreement.  In addition, his DD Form 4 does not support the offer of an incentive upon enlistment.  Furthermore, the Bonus Control Number was not requested until 4 September 2009.  

	b.  The intent of the Government to offer the incentive at the time of enlistment cannot be validated and the State Incentives Manager is required to terminate the incentive with recoupment.  

15.  The applicant provides a sworn statement from his recruiter, dated 30 May 2013.  The recruiter states that he completed the enlistment process and forwarded his enlistment packet through the chain of command.  The packet was sent back to him for minor errors.  He corrected the errors and changed the dates to correspond with the date he made the error corrections.  This caused a conflict in the date of his enlistment and the date after his enlistment.  The enlistment packet was forwarded back through the chain of command and was approved.  The applicant should not be denied the incentive due to his (the recruiter's) or the chain of command's lack of attention to detail.  There is no fraud here.  He is willing to provide any additional information and even testify in person under oath of required.  

16.  NGB Policy Memorandum Number 07-06, with updates, subject:  SRIP Guidance, effective 1 march 2009 to 15 June 2010 provides for various enlisted and officer bonus incentives. 

17.  According to the U.S. Army Human Resources Command Enlisted MOS Conversion Chart, dated (updated) 10 October 2012:

* MOS 62J converted to MOS 21J on 1 September 2004
* MOS 21J converted to MOS 21E on 1 October 2008
* MOS 21E converted to MOS 12N on 1 October 2010

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for the critical MOS of 21J.  He agreed to serve for 6 years in this MOS.  His Critical MOS and critical unit were authorized the bonus.  Contrary to the NGB denial of exception to policy, his DD Form 1966, which is an allied document to the DD Form 4, did in fact offer him the bonus.  Furthermore, he enlisted in good faith and relied on his recruiter to sign the documents presented to him.  He should not be penalized because the recruiter requested a Bonus Control Number after the enlistment date. 

2.  However, he did not fulfill the contractual obligation he agreed to.  In June 2011, he entered ADT and completed training for MOS 92W.  Furthermore, in August 2011, he transferred out of his contracted MOS when he was awarded PMOS 92W and SMOS 12N and, in November 2011, he voluntarily transferred out of his contracted unit to Company A, 351st Aviation Support Battalion.

3.  The terms of his agreement stipulated that the bonus would be terminated with recoupment if he voluntarily transfers out of his contracted critical MOS and/or critical unit.  His continued service in the ARNG is commendable.  However, since he did not meet the terms of his enlistment contract, he is not entitled to the requested relief.  

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)                                         AR20130011987





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130011987



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1