BOARD DATE:	  1 April 2014

		DOCKET NUMBER:  AR20130012477 


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 correction of his enlistment contract to show he is authorized to transfer to the Individual Ready Reserve (IRR) to complete his military service obligation (MSO).

2.  The applicant states he enlisted in the Army National Guard (ARNG) in the "Active First" program for a period of 4 years with a $40,000 bonus.  The agreement included the option of staying in the Active Army at the end of the initial 4-year commitment or transferring to the ARNG for the remainder of his MSO with an additional $20,000 bonus.

   a.  On 14 January 2013, the Connecticut ARNG (CTARNG) State Incentives Manager (IM) responded to an email inquiry made on the applicant's behalf and explained that Soldiers who enlist for the "Active First" program first serve on active duty (AD) and receive the AD bonus.  However, the applicant may have been offered a Non-Prior Service (NPS) Enlistment Bonus (NPSEB).

    	(1)  Upon completion of initial active duty for training (IADT), if the applicant joined the Regular Army (RA) and completed his 4-year commitment, he should have been offered another bonus for the CTARNG.

    	(2)  If the applicant was offered a bonus for prior service, he is not eligible for an AD bonus as an ARNG Soldier.  Once he completed basic and advanced individual training (AIT), enlisted in the RA, and satisfied the terms of his contact, he was no longer an NPS Soldier.  Therefore, he was not eligible for the NPS bonus.  However, if the Soldier had chosen to stay in the ARNG, he would have been eligible for the NPSEB.

   b.  The applicant states his enlistment contract shows that he was an NPS enlistee.  He asks, if the $20,000 bonus was only available if he did not choose to go into the Active Army or was an affiliation bonus that could change at any time, why is it called a "program?"  He could have simply enlisted through an Army recruiter for a $40,000 bonus for a 4-year AD commitment.  In that scenario, he would have completed his 4-year commitment and transferred to the IRR to complete his MSO or joined a U.S. Army Reserve (USAR) or an ARNG unit and collected the available affiliation bonus.  Otherwise, he could have joined the ARNG from the beginning without committing to the AD and received $20,000 for 8 years of part-time service.  In short, the only difference with the "program" as the State IM explains it is in its implementation and simply enlisting in the Reserve Component is the obligation to join the ARNG.

   c.  On 23 April 2013, the CTARNG State IM responded to another email inquiry made on the applicant's behalf.  The IM explained that the applicant completed AIT and he was discharged from the ARNG the following day.  Therefore, he never gained eligibility as an "Active First" Soldier and he is not eligible for the bonus.

   d.  The applicant states he had no control of the paperwork the Army issued or that he signed upon completion of AIT and termination of his IADT.

   e.  In May 2013, he attempted to obtain information via the Inspector General (IG) concerning the affiliation bonus he would have been eligible for at the time of his expiration term of service (ETS) in June 2012.  The IG verbally provided information obtained from the National Guard Bureau (NGB).  The IG explained the $20,000 was meant to be an affiliation bonus.  It may have been $20,000 in January 2008, but that doesn't mean the affiliation bonus was still $20,000 at the time of his ETS.  The amount offered was up to $60,000 (applicant's emphasis).

   f.  The applicant states this was never explained to him at the time of his enlistment nor is it mentioned in the contract or in advertisements.  However, he did understand the bonus amount was directly related the term of the enlistment (i.e., the bonus amount increased when the term of enlistment was increased).  Regardless of the service commitment, there was a $20,000 bonus waiting for him when he completed his AD commitment.
   
   g.  He concludes by stating that if he had known that there was no bonus upon joining the ARNG he would not have made that choice and he would have stayed in the Active Army for another 4 years.  He requests transfer to the IRR.
3.  The applicant provides copies of documents related to his enlistment bonus.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard of the United States (ARNGUS) and CTARNG 11 January 2008 for a period of 8 years.

2.  A DD Form 1966-Series (Record of Military Processing - Armed Forces of the United States) was prepared by the Army recruiter on the occasion of processing the applicant for his entrance into the ARNG.

	a.  Item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), section a, shows he enlisted for, in pertinent part, "Active First $40,000 (48 Month Enlistment), Critical UIC [Unit Identification Code] Valid Vacancy, $20,000 6-Year, 8 years in MOS [military occupational specialty] 13F1O [Fire Support Specialist]."

   b.  Section VI (Remarks) shows "I am enlisting in the ARNG Active First Program under the 48-month Active First Option.  I understand I will serve 
48 months on active duty after IADT and will serve the remainder of my MSO as a drilling member of the ARNG."

   c.  The applicant and Army recruiter both signed the document on 11 January 2008.

3.  An Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment shows in:

   a.  Section III (Explanation to Applicant) that the applicant's initial enlistment was as an NPS member.  Subparagraph k shows, "I understand that I will receive the following incentive under this option:  I will receive a $40,000.00 enlistment bonus under this option, which I will receive after arrival at my first permanent duty station in the RA.  Initial payment will be a lump sum in the amount of $10,000.00 and the remaining payments will be made in annual installments on my enlistment anniversary date."

   b.  The applicant and Army counselor signed the form on 11 January 2008.

4.  Annex E to DD Form 4 (NPSEB Addendum - ARNGUS) shows the applicant enlisted into a critical UIC under the 6x2 or 8x0 enlistment option and he would receive an NPS Critical UIC Bonus (lump sum payment).

	a.  Section III (Payments) shows he would receive a total enlistment bonus in the amount of $20,000.00, less taxes.

   b.  The applicant and Army counselor signed the form on 11 January 2008.

5.  U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Sill, OK, Orders 120-472, dated 29 April 2008, awarded the applicant primary MOS (PMOS) 13F1O effective 2 June 2008.

6.  State of Connecticut, Military Department, Office of The Adjutant General, Hartford, CT, Orders 254-002, dated 10 September 2008, honorably discharged the applicant from the ARNG and as a Reserve of the Army effective 1 June 2008.

7.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant entered active duty this period on 4 February 2008, was honorably released from active duty training on 2 June 2008, and transferred to a CTARNG unit.  It also shows he was awarded PMOS 13F1O.

8.  An NGB Form 22 (Report of Separation and Record of Service) shows the applicant enlisted on 11 January 2008 and he was honorably discharged from the CTARNG and as a Reserve of the Army on 1 June 2008 under the provisions of Army Regulation 135-178 (ARNG and Army Reserve - Enlisted Administrative Separations), chapter 5 (Selected Changes in Service Obligations) and National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 8-35b(3), for enlistment in another component of the U.S. Armed Forces.  

9.  A DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows the applicant enlisted in the RA on 3 June 2008 for a period of 4 years.

10.  He was promoted to sergeant/pay grade E-5 on 1 September 2010 and awarded PMOS 13F2O.

11.  A DD Form 214 shows the applicant entered active duty this period on
3 June 2008, was honorably released from active duty (REFRAD) on 2 June 2012 based on completion of required active service, and transferred to a CTARNG unit.  He had completed 4 years of net active service this period; 
3 months and 29 days of total prior active service; and 23 days of total prior inactive service.

12.  A DD Form 4 shows the applicant enlisted in the ARNGUS and CTARNG on 5 March 2012 (to be effective 3 June 2012) for a period of 3 years, 7 months, and 9 days.  A DA Form 7249-R (Annex A to DD Form 4) shows in section III (Explanation to Soldier), "Enlistment into the ARNGUS of a prior service member who was released prior to completion of an incurred 8-years MOS" and the applicant's initials.  It also shows the applicant acknowledged that an affiliation bonus was not authorized.  

13.  In support of his application, the applicant provides three "Active First Program" articles from the websites www.army.mil and  www.defense.gov, printed on 25 June 2013, that show the program started 1 October 2007 and promises up to $60,000 in bonuses.  It also shows, in pertinent part, that it offers recruits the option to receive $40,000 for enlisting in the Active Army for 
48 months and an additional $20,000 to serve their remaining MSO in the ARNG.

14.  In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.

	a.  The G-1 advisory official's review of the case revealed the applicant was requesting the $20,000 enlistment bonus he was entitled to for enlisting in the ARNG in addition to the $40,000 enlistment bonus that he received for enlisting into the Active Army under the "Active First" program.

   b.  The advisory official states the "Active First" program was an ARNG initiative/pilot program that first enlisted a recruit into the ARNG for eight years.  The recruits would serve the first 3 or 4 years in the Active Army and return to the ARNG to complete the remainder of their contract after separation from the Active Army.  Such recruits signed a conventional contract with the ARNG with incentives based on whatever MOS they selected and, after completing IADT, they entered the Active Army.

   c.  In the early stages of the program, advertisements for "Active First" program stated applicants were to be given up to $40,000 for their time in the Active Army and up to $20,000 if they chose to return to the ARNG.  As the pilot program progressed, a number of challenges were identified.  As a result, the ARNG attempted to streamline the program and make both the advertising and contractual procedures less ambiguous.  The program has been discontinued.

   d.  The advisory official's analysis revealed the applicant's DD Form 1966, block 32a, shows "Active First $40,000 and $20,000 for Critical UIC Valid Vacancy in MOS 13F."  The applicant was REFRAD in June 2012 and chose to transition back to the CTARNG.  Upon his return, the ARNG denied payment of the $20,000.
   e.  Due to the ambiguous nature of the language and procedures used in the pilot program, the advisory official recommends the applicant be granted full administrative relief and receive payment of the $20,000.

15.  The applicant was provided a copy of the G-1 advisory opinion in order to have the opportunity to respond.  On 28 August 2013, the applicant expressed his gratitude for the favorable opinion in his case.  However, he noted that the resolution he requested in his application to the Army Board for Correction of Military Records was to be placed in the IRR for the remainder of his MSO in lieu of the $20,000.  However, if that is not possible, he would accept the bonus he was promised.

16.  Department of Defense Financial Management Regulation 7000.14-R, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 56 (Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses), paragraph 560302 (Affiliation Bonus), provides that the Secretary concerned will designate the skills, units, and pay grades for which an affiliation bonus may be paid.

	a.  Any skill, unit, or pay grade so designated will be a skill, unit, or pay grade for which there is a critical need for personnel in the Selected Reserve of the Ready Reserve of an Armed Force, as determined by the Secretary concerned.

	b.  The Secretary concerned will establish other requirements to ensure that members accepted for affiliation meet required performance and discipline standards.

		(1)  The amount of a bonus may not exceed $20,000.00.

		(2)  Upon acceptance of a written agreement by the Secretary concerned, the total amount of the bonus payable under the agreement becomes fixed.  The agreement will specify whether the bonus will be paid by the Secretary concerned in a lump sum or installments.

		(3)  A member who enters into an agreement and receives all or part of the bonus under the agreement, but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, will be subject to the repayment provisions of chapter 2.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his ARNGUS and CTARNG enlistment contract should be corrected to show he is authorized to transfer to the IRR to complete his MSO because the ARNG failed to comply with the terms of the "Active First" program agreement by failing to pay him the additional $20,000 bonus he is due under the terms of his initial enlistment contract.

2.  The evidence of record shows the applicant enlisted in the ARNGUS and CTARNG under the "Active First" program for MOS 13F.  He completed IADT and was awarded the MOS 13F.  He enlisted in the RA on 3 June 2008, served honorably for a period of 4 years through 2 June 2012, and transferred to a CTARNG unit without a break in service.

3.  Records show the applicant enlisted in the ARNGUS and CTARNG for a period of 3 years, 7 months and 9 days on 4 March 2012 (to be effective 3 June 2012).  

4.  The evidence of record shows he was paid the $40,000 bonus for his service in the RA.  However, the ARNG has failed to authorize payment of the additional bonus of $20,000 for returning to the ARNG for a Critical UIC Valid Vacancy in MOS 13F based upon his initial ARNG enlistment contract.  To make him sign a new enlistment contract to re-join the ARNG (which made him a “prior service” Soldier) to fulfill the agreement from his original ARNG contract for a bonus as a non-prior service Soldier, placed him in an untenable position.

5.  The applicant has served almost 1 year and 10 months in his CTARNG unit since being REFRAD on 3 June 2012 and almost certainly has received drill pay for this service.  Presently, he has about 1 year and 9 months remaining on his ARNG enlistment commitment/MSO.

6.  The evidence of record shows that the terms of his original ARNG contract entitle the applicant to the additional bonus of $20,000.  To show he was transferred to the IRR to complete his MSO would possibly cause him to incur a debt.  The applicant has indicated he would accept the bonus he was promised, if transfer to the IRR is not authorized.  He should be able to request transfer to the IRR at any time (with a possible recoupment, or prorated recoupment, of the $20,000 bonus). 

7.  Therefore, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's records to show he satisfied the requirements for entitlement to the additional $20,000.00 bonus for a Critical UIC Valid Vacancy in MOS 13F.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__X___  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1  The Board determined the evidence presented is sufficient to warrant a recommendation for partial 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 by:

	a.  showing he satisfied the requirements for entitlement to an additional  $20,000.00 bonus based upon his initial ARNG enlistment contract; and

	b.  paying him the additional $20,000.00 bonus for a Critical Unit Identification Code Valid Vacancy in Military Occupational Specialty 13F out of Army National Guard funds.

2.  As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and pay to the applicant the $20,000.00 enlistment bonus for a Critical Unit Identification Code Valid Vacancy in Military Occupational Specialty 13F (less any withholdings).

3.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to showing he was authorized to transfer to the Individual Ready Reserve to complete his military service obligation. 



      _______ _  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)                                         AR20130012477



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ABCMR Record of Proceedings (cont)                                         AR20130012477



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