BOARD DATE:	  10 October 2013

		DOCKET NUMBER:  AR20130013931 


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 approval and execution of his non-prior service enlistment bonus (NPSEB) in accordance with his contract which was agreed upon when he enlisted in the Washington Army National Guard (WAARNG).

2.  The applicant states:

	a.  His NPSEB was deemed invalid upon his second installment payment.  He was entitled to a $10,000.00 NPSEB which was to be paid in three installments.

	b.  He was paid the first installment, but upon the second, the Army found his bonus addendum was invalid and began recoupment.  The explanation he received was that the recruiter signed the addendum on the wrong day.

	c.  He believes the action is unjust and is further magnified because the Army deemed his bonus was initially valid and paid him the first installment.  He signed the contract in good faith and believes it should be honored and paid as promised. 

3.  The applicant provides his National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) NPSEB Addendum).



CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the WAARNG on 16 April 2009 for a period of 8 years.

2.  In connection with the applicant's enlistment, he and his recruiter signed Annex E to his DD Form 4 on 16 April 2009 and 21 April 2009, respectively.

	a.  Section II (Eligibility), paragraph 7 (NPS Critical/Unit Identification Code (UIC) Skill Bonus (50/20/30 Payment)), shows the entry, "I am enlisting into a Critical UIC/Skill 35F1O (per SRIP [Selected Reserve Incentive Program] policy) to serve no less than 6 years in a paid drill status for $10,000.00."

	b.  Section IV (Payments), paragraph 1, shows the entry, "I will receive a total bonus of $10,000.00 for the enlistment bonus options in Section II."

	c.  Section IV, paragraph 2, shows the entry, "I understand that I will forfeit 50% of the total bonus amount if I do not ship on the original scheduled IADT [initial active duty for training], STO [split training option] 1 or STO 2 ship date.  Ship Date:  2009/08/25 [25 August 2009]."

	d.  Section VIII (Authentication) shows the applicant signed the addendum on 16 April 2009.

	e.  Section IX (Certification by Service Representative) was authenticated by the signature of the enlisting official and service representative on 21 April 2009.  Bonus Control Number "E09040019WA" is entered.

3.  Military Entrance Processing Station, Seattle, WA, Orders 9229022, dated 17 August 2009, show the applicant was scheduled to report to basic training at Fort Leonard Wood, MO, on 26 August 2009 and to advanced individual training at Fort Huachuca, AZ.

4.  WAARNG, Camp Murray, Tacoma, WA, Orders 113-915, dated 23 April 2010, show he completed IADT and he was awarded military occupational specialty (MOS) 35F (Intelligence Analyst) on 19 April 2010.

5.  During the processing of this case, an advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch, Enlisted Accessions Division, dated 8 August 2013.  The G-1 recommended granting full administrative relief to the applicant.  The advisory opinion stated a review of the applicant's case showed he was offered and contracted for the NPSEB for enlistment into critical-skill MOS 35F in the amount of $10,000.00, though a myriad of administrative errors through no fault of the applicant were found in the enlistment process.  The enlisting official and service representative did not sign/date the incentive addendum until 21 April 2009, after the date of enlistment, but the applicant signed on the correct date.  The bonus was not annotated on the DD Form 4 or DD Form 1966.  Other errors on the applicant's DD Form 4 (not related to his incentive) are also annotated in his records in the interactive Personnel Electronic Records Management System (iPERMS).  A bonus control number was requested and approved for the incentive on 21 April 2009.  The Soldier was fully qualified to receive the bonus on the date of enlistment and remains a Soldier in good standing.

6.  On 23 April 2012, a copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), paragraph 2-5, provides that enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that at the time of his enlistment the applicant was promised a $10,000.00 NPSEB as evidenced by the entries on the bonus addendum that he completed with his enlisting official.

2.  He enlisted for critical-skill MOS 35F which was authorized the bonus.  For unknown reasons, the enlisting official failed to sign the NPSEB Addendum that contained a valid bonus control number until several days after the applicant signed the addendum.

3.  It is evident that errors were committed in the processing of his enlistment and that none of this was his fault.  He enlisted in good faith and continues to serve the terms of his enlistment.  He should not be penalized for errors committed by recruiting officials.  The evidence shows the applicant fulfilled the requirements of his enlistment contract and upheld his end of the bargain.  Therefore, it would serve the interest of equity and justice to pay him the enlistment bonus according to the parameters of his enlistment contract.

BOARD VOTE:

__X_____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 ARNG records of the individual concerned be corrected by:

	a.  showing Annex E to his DD Form 4 for the NPSEB in the amount of $10,000.00 in connection with his enlistment in the WAARNG was properly prepared and signed by the enlisting official and service representative on 16 April 2009 and

	b.  paying him the bonus as specified in his enlistment contract from ARNG funds based on the above correction.



      __________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)                                         AR20130013931



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ABCMR Record of Proceedings (cont)                                         AR20130013931



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