IN THE CASE OF:	  

		BOARD DATE:	  18 June 2014

		DOCKET NUMBER:  AR20130017295 


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 prior service enlistment bonus (PSEB) of $10,000.

2.  The applicant states he was offered a $10,000 PSEB when he enlisted in the U.S. Army Reserve (USAR) on 29 July 2009.  One of his main incentives for enlisting was the offer of the $10,000 and without it he would not have enlisted.  He contacted his unit administrator and then finance to seek payment.  On 8 January 2013, finance denied him payment of the bonus.  He has honored his contract with the USAR and would like the Army to honor their part.

3.  The applicant provides his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), USAR PSEB Addendum, a Chronological Statement of Retirement Points, and an email.  

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army National Guard (ARNG) on 18 May 1999 and he held military occupational specialty (MOS) 12B (Combat Engineer).  

2.  He was honorably discharged from the ARNG in the rank of SSG on 18 May 2009.  He completed 10 years and 1 day of Reserve service.


3.  On 29 July 2009, he enlisted in the USAR in the rank of SSG for a period of 6 years.  His USAR Annex shows he was enlisting for assignment to the 2nd Battalion, 363rd Combat Support Regiment, Meza, AZ, for a unit vacancy in MOS 00G (Special Duty Assignment) for a PSEB of $10,000.  The USAR Annex, in part, states:

* I have been assured of attending the school course for training MOS 00G, skill level 4
* If I am not qualified in the MOS required by my assigned duty position, I may be required to enter on a period of active duty for training to become qualified

4.  The applicant provides and his record contains a USAR PSEB Addendum, dated 29 July 2009, wherein, in part, it states:

* This addendum will be completed by all persons with previous military service enlisting in the USAR with concurrent assignment to a troop program unit (TPU) for a PSEB under the Selected Reserve Incentive Program (SRIP)
* The service representative is responsible for reading and explaining the PSEB requirements outlined in this form
* I am not currently qualified in MOS Special Duty Assignment, I understand that I am not qualified to receive the bonus entitlements until such time I have been awarded the MOS
* I also understand if I do not become MOS qualified within the allocated timeframe I will forfeit all entitlements to the enlistment bonus

5.  His PSEB Addendum also stated he was enlisting for 6 years for a bonus of $10,000.  The initial payment of 50 percent (%) of the bonus would be paid upon award of the MOS and 25% would be paid at the end of his 3rd and 4th year of satisfactory service in a USAR Selected Reserves unit.

6.  On 2 January 2013, the applicant entered active duty as a member of his USAR unit in support of OEF.  On 30 December 2013, he was honorably released from active duty to the control of his USAR unit, 2nd Battalion, 363rd Combat Support Regiment.






7.  In the processing of this case an advisory opinion was received on 24 October 2013 from the Chief, Incentives and Budget Branch, Office of the Deputy Chief of Staff, G-1.  The advisory official recommended disapproval of the applicant's request and opined, in part, that:

	a.  The applicant contracted for a PSEB which was listed on his enlistment contract as MOS 00G, “will train,” 6-year enlistment in the amount of $10,000.  Records show his MOS is 12B and there is no record of his training in MOS 00G.

	b.  Although the applicant has served honorably, the terms of his contract stated he was to become trained in MOS 00G within 24 months of his enlistment date.  Although he was ordered for deployment in March 2012, the deployment was beyond the 24-month time period and there appears to be no reason he did not completed the training.  The bonus was for an MOS 00G position; as such, it was not payable unless he actually attained MOS 00G which he did not.

8.  In a response to the advisory opinion, dated 1 November 2013, the applicant, in part, stated:

	a.  There was a very good reason as to why he did not complete MOS 00G training; as there is no training.  MOS 00G is a special duty assignment code and not an MOS that one can train for or be awarded.

	b.  Army Pamphlet 623-23 (Smartbook) shows that in order to be qualified in the 00G position, a Soldier only needs to be MOS qualified in an Army MOS.  The email, dated 3 January 2013, from the USAR Pay Center seems to imply that if he had been trained for or awarded any MOS on the SRIP within 24 months of signing the contract he would be authorized the PSEB.  The email was forwarded to him on 8 January 2013.  

	c.  If the training requirement was true, it was not explained to him in writing or verbally when he signed the contract and there is nothing in his contract about changing to an MOS other than 00G.  At that time, he did not know that as a 12B he was already qualified to fill the MOS 00G position.  If he had known, he would have asked at the Military Entrance Processing Station (MEPS) why he was contracting for a position that he was already qualified for to receive the bonus.

	d.  His USAR PSEB Addendum stated "If I am not qualified in the MOS required by my assigned duty position, I may be required to enter on a period of ADT to become qualified."  At the time he signed the addendum, he had every intention of attending whatever training the unit required of him.

	e.  He acted in good faith when he signed the PSEB Addendum and he should be entitled to the $10,000 bonus.  He also feels it is unfair and an injustice if it is found that he was supposed to have known that 00G is not an MOS that is awarded to Soldiers.  Even the advisory official, the Chief, Incentives and Budget Branch of the entire Army, and the subject matter expert, is apparently also unaware of the 00G enlisted code and the fact that there are no training requirements to be MOS 00G qualified for any Soldier who has been awarded an Army MOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid the $10,000 bonus he was promised in his PSEB Addendum on 29 July 2009.

2.  The evidence of record confirms the applicant enlisted in the USAR on 29 July 2009 for 6 years, in a unit vacancy position of MOS 00G; this was a special duty assignment position and MOS immaterial.  His PSEB Addendum stated he was not qualified in "MOS Special Duty Assignment" and was not qualified to receive the bonus until he had been awarded the MOS.  His PSEB Addendum also clearly stated the service representative was responsible for reading and explaining the PSEB requirements outlined in the addendum.  It was the USAR recruiting officials who should have known that MOS 00G was a duty position, MOS immaterial, and not an MOS that required training.  

3.  Notwithstanding the advisory opinion, the applicant acted in good faith and fulfilled all the requirements of his contract.  Therefore, he should not be penalized for an error committed by USAR recruiting officials and he should be entitled to receive payment of a $10,000 PSEB.

4.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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 records of the individual concerned be corrected by:

* amending his PSEB Addendum to show he was already MOS qualified for the unit vacancy MOS 00G position he was enlisting for
* showing he is eligible for payment of the bonus in accordance with the terms of the PSEB Addendum
* paying him the bonus as specified in his PSEB Addendum from USAR funds, less taxes



      _______ _   _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)                                         AR20130017295





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ABCMR Record of Proceedings (cont)                                         AR20130017295



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