IN THE CASE OF:	  

		BOARD DATE:	  7 January 2014 

		DOCKET NUMBER:  AR20130014514 


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 his Non-Prior Service Enlistment Bonus (NPSEB) based on his enlistment into the Puerto Rico Army National Guard (PRARNG) on 3 December 2008 not be terminated with recoupment.

2.  The applicant states, in effect:

* there was a discrepancy in the records with his contract
* the National Guard Bureau says he was not paid the second installment of his bonus because he did not meet the requirements
* his first installment was paid without any mishap, but it might be recouped

3.  The applicant provides:

* DD Form 4/1 (Enlistment/Reenlistment Contract)
* DD Form 1966/1 (Record of Military Processing – Armed Forces of the United States)
* NPSEB Bonus Addendum
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 March 2010

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the PRARNG on 3 December 2008 for a period of 
8 years.  His NPSEB Addendum shows he enlisted for a bonus in the amount of $20,000.00.  The addendum states he would be paid the first bonus payment of 50% of the total authorized amount upon completion of initial active duty training and the second and final payment of 50% would be paid on the 36th month anniversary of his date of enlistment. 
  
2.  Item 12 (Education) of his DD Form 1966/1 shows he completed 12 years of education. 

3.  In the processing of this case, on 30 September 2013, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Washington, D.C.  The advisory official recommends the applicant be granted full administrative relief and that he receive full payment of his NPSEB.  He points out that:

	a.  a review of the applicant's case shows he was offered and contracted for the NPSEB in the amount of $20,000.00.  He received his first payment, but then received notice that his incentive was being terminated with recoupment because he received a high school equivalency diploma.  

	b.  per ARNG Selected Reserve Incentive Program (SRIP) policy an applicant must be a high school graduate to be qualified to receive an incentive.  Otherwise, the applicant was fully qualified to receive the bonus on date of enlistment and remains a Soldier in good standing.

	c.  due to hardship that would be placed on the applicant and the fact he is serving honorably, recommend he be granted an exception to policy to retain this incentive and that he receive full administrative relief.  

4.  A copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or rebuttal.  The applicant did not respond.

5.  Department of Defense Financial Management Regulation, Volume 
7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), provides in:

   a.  section 0201 (General provisions) a member of the uniformed services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit.  If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit.  Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control.  Conditions under which repayment will not be sought are set forth in section 0202; and

   b.  section 0202 (Repayment and non-repayment conditions) provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control.  In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, 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 based on one or more of the following: 

* contrary to a personnel policy or management objective
* against equity and good conscience
* contrary to the best interest of the United States

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid the NPSEB in the amount of $20,000.00.

2.  The evidence confirms he enlisted in the PRARNG on 3 December 2008 for an NPSEB in the amount of $20,000.00.

3.  He received a high school equivalency diploma and it appears his NPSEB was terminated because the SRIP policy states an applicant must be a high school graduate to be qualified to receive an incentive.  

4.  Otherwise, he was eligible for this bonus at the time of enlistment and did absolutely nothing wrong.  In view of the facts of this case and based on the advisory official's recommendation, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the NPSEB in the amount of $20,000.00.








BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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:

	a.  showing his G.E.D. was accepted and he was recognized as a high school graduate at the time of his enlistment;

	b.  showing the appropriate authority cancelled any recoupment action; and

	c.  paying him from Army National Guard funds any portion of the NPSEB not already paid, to the amount of $20,000.00.




      _______ _   _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)                                         AR20130014514





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ABCMR Record of Proceedings (cont)                                         AR20130014514



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