IN THE CASE OF:	  

		BOARD DATE:	  7 November 2013

		DOCKET NUMBER:  AR20130012701 


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 payment of her enlistment bonus.

2.  The applicant states she enlisted for a $15,000 bonus and she has not been paid any part of the bonus.  She has served honorably for the past three years and that she is currently serving in Afghanistan.  Her recruiter failed to properly submit her enlistment bonus paperwork.  She now is being told the paperwork cannot be located.

3.  The applicant provides:

* DA Form 2823 (Sworn Statement)
* memorandum from the Florida Army National Guard (FLARNG), dated 
21 February 2013
* memorandum from the National Guard Bureau (NGB), dated 24 May 2013 

CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving in the FLARNG.

2.  Her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) shows she enlisted in the FLARNG on 25 September 2009 for a 6-year term of service.  Section B (Agreements) item 8 shows the entry "AB," indicating there were two annexes to the DD Form 4 which were apparently available at the time of her enlistment.

3.  The applicant's military service records do not contain:

* NGB Form 21 (Annex A to DD Form 4 - Army National Guard)
* NGB Form 600-7-1-R-E (Annex B to DD Form 4 - Enlisted Affiliation Bonus Addendum - Army National Guard of the United States)  

4.  Section IV, item 32a (Specific Option/Program Enlisted for) of the applicant's DD Form 1966 (Record of Military Processing - Armed Forces of the United States) shows she enlisted for a 6-year term of service in military occupational specialty (MOS) 68W (Health Care Specialist). 

5.  Section VII - Addendums of the applicant's Guard Annex (Enlistment/ Reenlistment Agreement Army National Guard Service Requirements and Methods of Fulfillment), dated 25 September 2009, lists the Montgomery GI Bill as the only addendum attached.
 
6.  On 21 February 2013, the Director, Military Personnel, FLARNG, requested an exception to policy (ETP) for a Non-Prior Service Enlistment Bonus (NPSEB) in Critical Skill MOS 68W from the Chief, NGB Strength Education Division.  The Director stated:

* the MOS was not on the list of approved critical skills at the time of enlistment
* a Bonus Addendum could not be found
* a Bonus Control Number (BCN) was given which supported an incentive being offered at the time
* a review of policy and her DD Form 4 supported an incentive being offered at the time

7.  The Director further stated the applicant accepted an incentive bonus made by the FLARNG in good faith and had fulfilled her obligation under the contract.  Withholding payment of the incentive would be contrary to equity and good conscience, and against the best interest of the Army. 

8.  On 24 May 2013, the Deputy G-1, NGB, denied the request for an ETP for the NPSEB.  The Deputy G-1 stated the State Incentive Manager would terminate the incentive without recoupment as no payments had been processed.  The applicant's contract/bonus addendum could not be found which violated ARNG, Selective Reserve Incentive Program (SRIP) 07-06.

9.  The Deputy G-1 also stated the critical skill MOS the applicant contracted for could not be validated as an authorized critical skill, which violated the ARNG SRIP.  A review of the applicant's DD Form 4 did not indicate the applicable Annex and the DD Form 1966, item 32a, did not indicate an incentive. The BCN was approved after the date of enlistment.  Therefore, the evidence did substantiate an incentive having been offered at the time.

10.  In the processing of this case an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of The Deputy Chief of Staff, G-1.  The advisory opinion notes that a review of the applicant's contract shows the applicant was offered and contracted for the NPSEB for enlistment into a critical skill MOS in the amount of $15,000.  A myriad of administrative errors, none the fault of the applicant, were found in the enlistment process.  

11.  The advisory opinion further stated her DD Form 1966 and bonus addendum could not be found in her record, though her DD Form 4 supports an incentive being offered at the time of enlistment.  The MOS she contracted for could not be validated as a critical skill, but a BCN was entered into the system on the day of enlistment and approved for her to receive this bonus.  The official recommended the applicant be granted full administrative relief and receive payment of the NPSEB in the amount of $15,000.  A copy of the advisory opinion was provided to the applicant for comment or rebuttal.  She did not respond.

12.  The ARNG SRIP Guidance for Fiscal Year 2007, 2008, 2009, 10 August 2007 - 30 September 2009 (Policy Number 07-06) establishes policy to administer ARNG incentives.  NPSEB policy states no bonus amount more than the combined legal maximum of $20,000 may be offered.  The only allowable combinations include a NPS Critical Unit Identification Code (UIC), NPS Critical Skill Bonus (CSB), NPS Modification Table of Organization and Equipment (MTOE), or NPS Civilian Acquired Skills Program (CASP) bonus with the Quick Ship and/or Off-Peak option.  The contract would be retained in the Installation Management Application Resource Center (iMARC). 

13.  The ARNG offers a $10,000 NPS CSB to NPS enlistees who meet the following eligibility requirements.  The NPS CSB is paid in three installments:  the first 50 percent installment upon successful completion of initial active duty training and verification of MOS qualification, the second 20 percent installment on the third-year anniversary, and the final 30 percent installment on the sixth-year anniversary of the Soldier's date of enlistment.  

DISCUSSION AND CONCLUSIONS: 

1.  The applicant's contention that she should be paid her enlistment bonus in the amount of $15,000 was carefully considered.  

2.  There are conflicting opinions as to why the applicant should or should not be paid a bonus.  

     a.  The Deputy G-1, NGB, denied the applicant's request for an ETP.  The official based his decision on the ARNG SRIP policy, which specifically states a member must enlist in a critical skill to be eligible for a NPS CSB.  The official found the applicant had not enlisted for a critical MOS, and there was no evidence she was paid any portion of a bonus.  The official further stated the applicant's BCN was approved after the date of enlistment, and her DD Form 1966 did not indicate an incentive was offered.

     b.  An advisory opinion from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, recommends approval of the applicant's request for an ETP on the basis that her contract shows she was offered and contracted for the NPSEB for enlistment into a critical skill MOS.  The official stated that although her MOS could not be validated as a critical skill MOS, a BCN was entered into iMARC the day she enlisted. 

3.  Notwithstanding the advisory opinion’s recommendation that the applicant be paid the full amount of the NPSEB, the fact remains that she did not meet the eligibility criteria.  She did not enlist for a critical skill.  The only mitigating factors in this case are a reference to a bonus addendum on her DD Form 4 and the fact that a BCN was assigned.  Neither of these overcomes the fact that she did not meet the basic eligibility criteria.  

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief. 

BOARD VOTE:

____X___  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that relief should be granted.

2.  The Board believed that the applicant was offered an enlistment bonus.  Although a bonus addendum was not available her contract indicated that two addenda were attached (only the Montgomery GI Bill addendum was attached).  The FLARNG stated the BCN that was given supported that an incentive was offered her at the time even though the addendum could not be located.  The Board was also persuaded by the fact the Office of the Deputy Chief of Staff,     G-1, supported relief.

3.  It is noted that section 0202 of the Department of Defense Financial Management Regulation (DODFMR) states the Secretary of the Military Department concerned has the discretion to render a case-by-case determination that the member’s repayment of, or the Military Department’s full payment of an unpaid portion of, a pay or benefit is appropriate when not doing so is contrary to a personnel policy or management objective; against equity and good conscience; or contrary to the best interest of the United States.

4.  Therefore, the Board determined the evidence presented is 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 by:

* showing a bonus addendum for $15,000 was properly prepared and signed by all appropriate officials at the time of the applicant’s enlistment
* showing that the appropriate official approved payment of the $15,000 bonus to her as being in the best interest of the United States under the provisions of the DODFMR, section 0202
* paying to her, out of ARNG funds, the $15,000 enlistment bonus



      _______ _  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)                                         AR20130012701



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ABCMR Record of Proceedings (cont)                                         AR20130012701



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