IN THE CASE OF: 

		BOARD DATE:	    10 April 2014

		DOCKET NUMBER:  AR20130012092 


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 recoupment of her $20,000.00 Non-Prior Service Enlistment Bonus (NPSEB) be stopped and re-disbursement of the funds associated with her NPSEB.

2.  The applicant states her original enlistment was on 10 March 2006.  At that time she contracted for split option training as well as a 6-year critical military occupational specialty (MOS) bonus.  She became pregnant and requested discharge which was processed on 16 April 2007.

	a.  She enlisted with the same recruiter on 14 March 2008 into the 771st Troop Command for 6 years.  The first page of her bonus addendum states "I am enlisting into a Critical Skill MOS under the 6X2 or 8X0 enlistment option and will receive a Non Prior Service [NPS] Critical Skill Bonus (50/50 payment)."  She attended advanced individual training and was awarded the MOS of 42A on 
3 March 2009.  It was her understanding that once she was awarded the MOS she was eligible for payment of this incentive.

	b.  Her first bonus payment was disbursed in August 2009.  She was due the second portion on her 3-year anniversary, which was March 2011.  When she did not receive it, she contacted her chain of command and her chain of command inquired through the Incentive Manager's office.  The Incentive Manager and the National Guard Bureau (NGB) determined that she was not eligible for the bonus to begin with since she conducted a non-glossary reenlistment and was assigned to a Table of Distribution and Allowance (TDA) unit.  An Exception to Policy was sent to the NGB but was denied due to the fact that her enlistment should have been categorized as a Glossary Non Prior Service (GNPS) enlistment and GNPS enlistees are not qualified for an NPSEB.

	c.  She understands that this was an honest mistake.  However, the recoupment of her NPSEB has created a hardship for her.  She took for granted that the recruiter, employees at the Military Entrance Processing Station (MEPS), and the incentives office knew all the policies and regulations.  Her DD Form 1966 shows her Recruit Sustainment Program (RSP) dates and AIT dates.  There were not any dates for basic combat training (BCT) listed to indicate to the personnel processing her application that she was prior service.  This was a new enlistment and she was not sure what was going on; therefore, she trusted her recruiter and the civilian personnel involved in the process.  As a result of the recoupment, she has incurred a debt of $10,000.00.  To date, $5,309.54 of this debt has been repaid; the first deduction from her drill check was in September 2011 in the amount of $1,428.04.  This is a huge financial hardship for her since she is a single mother.  Although she has a career as a Technician for the West Virginia Army National Guard (WVARNG) she has had to pick up a second job.  She understands that she signed the Annex E Bonus Addendum; however, this should not have been offered in the first place.  The recruiter has stated that he did not "give" her this bonus and that if he had his signature would be on the paperwork.  She asked him to write a Memorandum for Record; however, she did not receive one.

3.  The applicant provides:

* Self-authored statement, dated 13 June 2013
* Memorandum, undated
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 March 2006
* DA Form 2823 (Sworn Statement), dated 9 February 2007
* Doctor's Note/pregnancy instructions, dated 26 February 2007
* Orders Number 109-660, dated 19 April 2007
* DD Form 1966 (Record of Military Processing-Armed Forces of the United States), dated 14 March 2008
* Guard Annex, dated 14 March 2008
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 NPS Enlistment Bonus Addendum ARNG U.S. (ARNGUS)), dated 
14 March 2008
* DD Form 4, dated 14 March 2008
* Orders Number 062-477, dated 3 March 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Memorandum, dated 19 April 2011
* Memorandum, dated 22 June 2011
* Five Leave and Earnings Statements (LES)
* Two Defense Finance and Accounting Service (DFAS)/LES/pay printouts

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the WVARNG under a split enlistment option on 
10 March 2006.  Her record contains a DD Form 220 (Active Duty Report) dated 27 July 2006 showing she was on active duty to attend BCT from 8 June 2006 to 19 August 2006.

3.  Her record contains an NGB Form 22 (Report of Separation and Record of Service) which shows she was discharged with an uncharacterized characterization of service due to pregnancy on 16 April 2007.  She completed 1 year, 1 month, and 7 days of total service for pay.  

4.  Her record contains a DD Form 1966, dated 14 March 2008 which shows: 

	a.  In item 24a (Are you now or have you ever been in any regular or reserve branch of the Armed Forces or in the ARNG or Air National Guard) she checked the "NO" block.  

	b.  In item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) that in accordance with Appendix A, she was guaranteed: 

* an assignment with the 771st Troop Command, Unit Identification Code (UIC) W77EAA
* a Critical Skill Valid Vacancy with a $20,000.00 bonus for a 6-year enlistment
* NPS Montgomery GI Bill Kicker 
* MOS 42A (Human Resources Specialist)
5.  Her record contains a Guard Annex, dated 14 March 2008 which states in:

	a.  Section III (Explanation to Applicant) "Initial enlistment as [an NPS] member.  I have no previous military service on active duty, or active duty for training, in the Armed Forces of the United States and upon executing this enlistment I will incur a statutory military service obligation of eight years."

	b.  Section IV (Acknowledgement) that she was enlisting for an assignment with the 771st Troop Command, UIC W77EAA, under the standard training program, to serve in MOS 42A.

6.  Her record contains an NGB Form 600-7-1-R-E dated and signed by the applicant on 14 March 2008.  This form shows in:

	a.  Section II (Eligibility) that 

		(1)  "Upon my enlistment in the [ARNG] I am eligible for an Enlistment Bonus, as indicated in the Selected Reserve Incentives Program (SRIP), if… I am a [NPS] Enlistee and have never previously served in the U.S. Armed Forces."

		(2)  "I am enlisting into a [Critical Skill] MOS under the 6X2 or 8X0 enlistment option and will receive a NPS Critical Skill Bonus (50/50 payment)."

	b.  Section III (Payments) that she would receive a $20,000.00 enlistment bonus from which she would receive the first payment when she completed advanced individual training and was awarded the MOS for which she enlisted.  Additionally, she would receive the second payment on the 36th month anniversary of her enlistment.  

	c.  Section VII (Statement of Understanding) states "I have read the entire addendum.  I understand all of the above statements concerning my enlistment bonus.  I understand that this addendum will be void if I do not meet all the requirements."

7.  Her record contains a DD Form 4 showing she enlisted in the OKARNG on 
14 March 2008.

8.  Orders Number 062-477, issued by Headquarters, U.S. Army Basic Combat Training Center of Excellence, Fort Jackson, SC, on 3 March 2009 awarded her MOS 42A effective upon successful completion of the 42A course.

9.  Her record contains a DD Form 214 which shows she entered active duty for training on 7 January 2009 and was honorably released from active duty on 
26 March 2009.  Additionally, this form shows her primary MOS as 42A.

10.  She provided a memorandum, issued by the NGB, Chief of Educational Incentives and Employment Division, on 11 April 2011 which recommended that her request for an Exception to Policy (ETP) for termination of the recoupment of her NPSEB be disapproved and stated:

	a.  The applicant was classified as a GNPS and was not qualified for any NPSEB at the time of her enlistment in accordance with Department of Defense Instructions 1205.21 (Reserve Component Incentive Programs Procedures), paragraph E3.1.1.2 and Section I of her NPSEB contract.

	b.  The personnel policy and management objectives of the ARNG SRIP is to enable ARNG leadership and personnel managers to meet and sustain manpower and readiness requirements by stabilizing the ARNG through longer service commitments, supporting high priority and early developing units, and filling critical skill shortages.  Moreover, it is in the best interest of the U.S. that the ARNG be fiscally responsible in using the limited resources available within the ARNG SRIP only in specific situations where less costly methods have proven inadequate or ineffective and only as necessary to support unit skill and staffing requirements.  As a result, and consistent with controlling law and regulation, the determination has been made that repayment of the unearned portion of the applicant's NPSEB is appropriate.

11.  She provided a memorandum, issued by the NGB, Chief of Guard Strength Directorate, on 22 June 2011, which denied her request for an ETP for termination of the recoupment of her NPSEB based on the rationale detailed in the memorandum, issued by the NGB, Chief of Educational Incentives and Employment Division, on 11 April 2011.

12.  She provided an undated memorandum, from the Educational Service Officer, First Lieutenant (1LT) MMO, who requested that the ABCMR grant the 
applicant her requested relief by cancelling the recoupment of the NPSEB she was offered when she enlisted in the WVARNG.  1LT MMO stated that the applicant originally enlisted into the WVARNG on 10 March 2006 and served until she requested a discharge on 16 August 2007, which made her a GNPS.  The applicant enlisted in the WVARNG again on 14 March 2008 and was offered the $20,000.00 NPSEB for critical skill MOS 42A.  The recruiter and MEPS counselor did not ensure the applicant met all of the criteria before processing the bonus.  Due to errors on the recruiter and MEPS guidance counselors' part, the applicant was offered and paid the first installment of her bonus, $10,000, on 5 August 2009.  The applicant had no way of knowing she was not eligible to receive the bonus and now has a debt of $10,000.

13.  ARNG SRIP Guidance for Fiscal Year (FY) 2007, 10 August 2007 - 
31 March 2008 (Policy Number 07-06), dated 10 August 2007 shows MOS 42A was listed as a critical MOS for the state of West Virginia.  Paragraph 9 states:

GNPS applicants are not eligible to receive any incentives authorized under this policy.  GNPS is defined as a [S]oldier who at the time of enlistment has one or more days of creditable service for pay and allowances.  It also means that the applicant has never previously attended a military academy [been awarded an MOS] of the armed forces of the United States.  It is important to understand that a [S]oldier does not have to receive any pay for duty performed in order to have creditable service for pay and allowances.  Applicants previously discharged from the Active Duty Delayed Entry Program are exempt from this definition and are not considered GNPS.

DISCUSSION AND CONCLUSIONS:

1.  The most important aspect of this case is that the applicant failed to be honest when she completed the forms required for her enlistment and receipt of a $20,000.00 NPSEB.  For example:  

	a.  When the applicant filled out her DD Form 1966 dated 14 March 2008 she stated that she was not currently and had never been in any regular or Reserve branch of the Armed Forces or in the ARNG or Air National Guard.  However, her NGB Form 22 for the period ending on 16 April 2007 clearly shows she completed 1 year, 1 month, and 7 days of total service for pay.

	b.  When she completed her Guard Annex, dated 14 March 2008, she stated in Section III that she did not have any previous military service on active duty, or 
active duty for training, in the Armed Forces of the United States.  However, her DD Form 220 clearly shows she served on active duty from 8 June 2006 to 
19 August 2006 while she attended and completed BCT.

	c.  When she completed her NGB Form 600-7-1-R-E, Section II dated 
14 March 2008, she stated that upon her enlistment in the ARNG she was eligible for an NPSEB as indicated in the SRIP because as an NPS enlistee, she had never previously served in the U.S. Armed Forces.  Additionally, in Section VII of this form she stated that she read the entire addendum, understood all of the statements concerning her enlistment bonus, and she understood that the addendum would be voided if she did not meet all the requirements.  However, it is unreasonable to presume that she would have failed to read this form before she signed it, or that she misunderstood the statement "I am a [NPS] Enlistee and have never previously served in the U.S. Armed Forces."

	d.  She was required to read each document carefully and had the opportunity to ask questions before agreeing to the terms of the contract and affixing her signature.

2.  Furthermore, ARNG SRIP Guidance for Fiscal Year (FY) 2007, 10 August 2007 - 31 March 2008 (Policy Number 07-06), dated 10 August 2007 specifically states in paragraph 9 that GNPS applicants were not eligible to receive any incentives authorized under that policy.

3.  Based on the foregoing evidence, the applicant is not entitled to her 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)                                         AR20130012092





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ABCMR Record of Proceedings (cont)                                         AR20130012092



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