IN THE CASE OF: 

		BOARD DATE:	  10 June 2014

		DOCKET NUMBER:  AR20130016923 


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 a $15,000.00 Non-Prior Service Enlistment Bonus (NPSEB) in the South Carolina Army National Guard (SCARNG).

2.  The applicant states his enlistment contract contains an NPSEB.  He has fulfilled his contractual obligation.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 24 August 2011
* Guard Annex (Enlistment Agreement Army National Guard (ARNG) Service Requirements and Methods of Fulfillment), dated 29 August 2011
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 NPS Critical Paragraph/Line Number [Military Occupational Specialty] MOS Enlistment Bonus Decentralized State Incentive Pilot Program (DSIPP) Addendum ARNG of the United States), dated 29 August 2011
* Three DA Forms 2823 (Sworn Statement), dated 26 June 2012, 
15 January 2013, and 3 February 2013
* exception to policy (ETP) request, dated 14 March 2013
* denial of ETP request, dated 17 May 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant's record contains a DD Form 4 showing he enlisted in the SCARNG on 20 July 2011.  However, while this DD Form 4 contains the appropriate signatures and initials it does not contain any dates next to the signatures. 

2.  His record also contains a Guard Annex, dated 20 July 2011, wherein he stated this was his initial enlistment as an NPS member and he had 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 he would incur a statutory military service obligation (MSO) of 8 years.  He further stated:

	a.  He was enlisting for the ARNG Recruit Force Pool (RFP) and was contracting to serve in the Inactive National Guard (ING) for a period not to exceed 1 year.

	b.  Should he choose to enlist in another component of the Armed Forces while a member of the ING, the ARNG would release him from the ING obligation to begin his enlistment in the other component of the Armed Forces.

	c.  He understood that he was not guaranteed an ARNG Bonus at that time and that his ARNG Bonus eligibility would be negotiated at the time of his enlistment into the Selected Reserve (SELRES) of the ARNG.

	d.  He understood that as an RFP member he was required to contract to enlist in the SELRES and would negotiate all educational and enlistment incentives at that time.  If he failed to enlist in the SELRES within 365 days he would be discharged from the ING.

	e.  He indicated that he was enlisting in the ARNG to serve in Detachment 1, 125th Engineer Company, McCormick, SC, Unit Identification Code (UIC) WPUXA1 in MOS 12C (Bridge Crewmember).

3.  His record contains an NGB 22B (ARNG RFP Report), dated 19 August 2011, which shows he entered the RFP on 20 July 2011 and was scheduled to depart the RFP on 23 August 2011 for enlistment in the SELRES.

4.  His record contains a DD Form 4 showing he enlisted in the SCARNG on 24 August 2011 for a period of 7 years and 44 weeks.  His enlistment contract also contains two Guard Annexes and an NGB Form 600-7-R-E.  

	a.  Guard Annex (1), dated 24 August 2011, shows this was his initial enlistment as an NPS service member and he had 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 he would incur a statutory MSO of 8 years.  The enlistment option he selected provided that he would be a member of an ARNG unit for a period of 6 years and a member of the Individual Ready Reserve (IRR) or the ING for the balance of his 8-year service obligation unless he elected to remain in his ARNG unit, or unless he was completely discharged.  He further stated he was enlisting in the ARNG to serve in Detachment 1, 125th Engineer Company, McCormick, SC, Unit Identification Code (UIC) WPUXA1 in MOS 12C.

	b.  Guard Annex (2), dated 29 August 2011, contains the same information as Guard Annex (1) except that it indicates an enlistment bonus form was included as part of his enlistment contract.

	c.  His NGB Form 600-7-1-RE, dated 29 August 2011, shows he could be eligible for an enlistment bonus as a result of his enlistment in the ARNG if he was an NPS applicant enlisting into a primary valid vacant position within the unit's 100 percent (%) authorization fill, he had either never served in the U.S. Armed Forces, or had served but not successfully completed 180 days or more of Initial Active Duty for Training (IADT), and he had never been awarded an MOS.

		(1)  He stated he was in test score category (TSC) IIIB, he received an Armed Forces Qualification Test (AFQT) score of 35, and he was enlisting to serve in UIC:  WPUXA1, Paragraph/Line Number:  103/07, Detachment 1, 125th Engineer Company, McCormick, SC for a bonus entitlement of $15,000.00.

		(2)  He stated he was enlisting for a period of not less than 6 years in the SELRES with a total MSO of 8 years under either the 6X2 or 8X0 options.

		(3)  He was obligated to serve in an ARNG critical skill MOS for the entire period of the enlistment agreement for which the bonus was approved, unless excused for the convenience of the government.  

		(4)  He would forfeit 50% of his incentive if he did not ship on his original IADT ship date of 5 March 2012 and his incentive would be terminated without payment if he did not ship to IADT within 365 days of his enlistment date or, if he failed to become MOS qualified (MOSQ) within 24 months of his enlistment, his incentive would be terminated without payment.

		(5)  His incentive would be paid in three installments.  The first 50% would be processed upon completion of IADT and verification that he was MOSQ, the second 20% installment would be processed upon the 3-year anniversary of his date of enlistment for the 6X2 or 8X0 options, and the third 30% installment would be processed upon his 5-year anniversary of his date of enlistment for the 6X2 or 8X0 options.
		(6)  His enlistment contract did not contain a bonus control number (BCN).

5.  He entered IADT on 4 March 2012 and completed the Combat Engineer Course.  He was awarded MOS 12C.  He was honorably released from IADT on 22 June 2012 and he was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that captured his active service. 

6.  He provided a memorandum, dated 14 March 2013, showing the SCARNG submitted an ETP request to the NGB on his behalf.  The SCARNG stated that the applicant enlisted in the SCARNG on 24 August 2011 under the impression that he qualified for an enlistment bonus.  Due to no fault of the applicant, the bonus addendum was not completed by officials at the Military Entrance Processing Station (MEPS) until 29 August 2011.  The applicant satisfied the requirements set forth in his contract.  Additionally, the following sworn statements were attached to the ETP request:

	a.  Sergeant First Class (SFC) CEB from the Recruiting and Retention Command stated at the time the applicant's contract was signed he was the person who processed his bonus and that guidance counselors in the rank of SFC and above were signing as the approving representative.  He stated that he and other personnel were not informed there was a change in incentives approval process requiring a commissioned officer to sign the NGB Form 
600-7-R-E.  He further stated it was not the applicant's fault that an officer did not sign his NGB Form 600-7-R-E and requested the applicant receive his bonus payment.

	b.  Sergeant (SGT) EBS from the Recruiting and Retention Command stated he initially enlisted the applicant on 20 July 2011 into the RFP, meaning he was not in a drilling status.  On 24 August 2011, SGT EBS took the applicant back to the MEPS for his second swearing-in moving him from the RFP (non-drilling status) to the Recruit Sustainment Program (RSP) (drilling status).  A few days later SGT EBS received a phone call from the MEPS asking him to bring the applicant back to sign his bonus paperwork.  The MOS 12C had become bonus eligible for the first time in over a year.  Since it had been so long since anyone in South Carolina had received a bonus for MOS 12C and the administrative process had changed, the second BCN required for his bonus was never issued. The applicant has met his contractual obligation and should not be held accountable for the mistakes MEPS personnel made while handling his bonus paperwork.

7.  He provided a memorandum from the NGB, dated 17 May 2013, showing the NGB denied his requested ETP and that the SCARNG State incentive manager would be terminating his incentive with recoupment.  The NGB cited an NGB memorandum entitled ARNG DSIPP Guidance for Fiscal Year (FY) 2011, 
29 March 2011 – 30 September 2011 (Policy Number 11-02), dated 29 March 2011.  The NGB stated the ETP request was denied because the applicant's contract/bonus addendum was signed after the date of enlistment and his BCN was requested after the date of enlistment which is a violation NGB Policy Number 11-02, dated 29 March 2011.

8.  ARNG DSIPP Guidance for FY 2011, 29 March 2011 – 30 September 2011 (Policy Number 11-02), dated 29 March 2011, does not apply to the applicant because he enlisted in the SCARNG.  This policy is a pilot policy that only applied to Alaska, Georgia, Guam, Hawaii, Kentucky, Pennsylvania, Puerto Rico, and Virgin Islands ARNG Soldiers in traditional status.  This policy governs DSIPP Incentives for NPS Soldiers entering into a traditional status to include a $15,000.00 NPSEB for critical skill MOSs.  All NPS applicants receiving incentives were required to have an AFQT score of 31 or higher for all incentives, and incentives were required to be processed at MEPS, without exception.  Additionally, MOS 12C was not listed as an eligible MOS on this policy.

9.  ARNG SRIP for FY 2011, dated 25 July 2011, applied to those entering or serving in a traditional status in the ARNG effective 1 August 2011.  This policy states:

	a.  The recipient must meet the eligibility criteria for enlistment, reenlistment, extension, accession, affiliation, commission, or appointment into the ARNG.  

	b.  The recipient must fill a valid, Automated Unit Vacancy System (AUVS) position in the Recruit Quota Enlistment System (REQUEST) or the Army Automated Reenlistment Reclassification System (RETAIN).  Excess, over-strength, and manually loaded vacancies are not authorized incentives.  

	c.  The recipient, enlisting/witnessing official, and service representative are required to sign an incentive addendum on the date of enlistment, reenlistment, extension, accession, affiliation, commission, or appointment, unless otherwise stated in this policy.  The incentive addendum will state the terms and conditions of the incentive.

	d.  The incentive addendum is not valid if signed after the execution date of a DD Form 4, Department of the Army Oath of Extension of Enlistment or Reenlistment (DA Form 4836), or Oath of Office (NGB Form 337) and/or if not signed and dated by an enlisting/witnessing official and a service representative at the time the document is executed.

	e.  An incentive addendum must have an approved automated control number (CN) issued on or before the date of the service agreement.  The CN is valid only for the incentive addendum that it is requested and approved for.  

	f.  NPS applicants must have an AFQT score of 50 or higher for all incentives. NPSEB for a critical skill MOS requires a minimum 6-year term of service (6x2 or 8x0 enlistment).  Soldiers must enlist for a CS vacancy in the grade of E-4 or below (MOS 12C was listed on the NPS Critical Skill List).  NPS Critical Skill (6x2 or 8x0) may receive an NPSEB for a critical skill MOS in the amount of $5,000.  Payments will be made in two 50/50 installments for those Soldiers who ship on or before their original Reception Station (RECSTA) date.  Installment 1 ($2,500.00) will be processed upon successful completion of AIT and verification of qualification in SIDPERS and installment 2 ($2,500.00) will be processed on the 3-year anniversary of the enlistment date.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record indicates there were a series of mistakes and misunderstandings at the MEPS regarding critical skill NPSEB for MOS 12C.  

	a.  His NGB 600-7-1-R-E, dated 29 August 2011, was entitled NPS Critical Paragraph/Line Number MOS Enlistment Bonus DSIPP Addendum ARNG of the United States.  This form is used to indicate which incentive is authorized and which policy authorizes the incentive.  As evident from the title, ARNG DSIPP Guidance for FY 2011, 29 March 2011 – 30 September 2011 (Policy Number 11-02), dated 29 March 2011, his recruiter/MEPS used this policy to authorize his bonus.  However, even though this policy did authorize a $15,000.00 bonus for an NPS applicant who scored an AQFT of 31 or higher, MOS 12C was not listed as an authorized MOS to receive this bonus, and the policy did not apply to the SCARNG.  

	b.  The NGB policy, ARNG SRIP for FY 2011, dated 25 July 2011, did apply to the applicant, the State of South Carolina, and the SCARNG.  This policy authorized a $5,000.00 NPSEB for MOS 12C, but this was only authorized for applicants who had an AFQT score of 50 or higher.  However, the applicant had an AFQT score of 35; therefore, he did not qualify for any incentive offered under this policy.

	c.  Though the DSIPP policy did not apply to the State of South Carolina or MOS 12C, MEPS personnel incorrectly applied the guidance outlined in the DSIPP policy to the critical skill MOSs (12C) listed in the SRIP policy to execute the applicant’s NPSEB.  Unfortunately, both the DSIPP and SRIP policies were stand-alone policies and he did not qualify for the bonus under either policy.  In addition, through no fault of the applicant, MEPS personnel failed to issue a BCN or have the bonus addendum signed on the day the applicant enlisted.  

2.  The evidence of record shows he did not qualify for an NPSEB; therefore, the requested relief is denied.

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)                                         AR20130016923





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130016923



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1