IN THE CASE OF:	  

		BOARD DATE:  7 January 2014

		DOCKET NUMBER:  AR20130017328 


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 of an exception to policy (ETP) to retain his $20,000 non-prior service enlistment bonus (NPSEB).

2.  The applicant states he was enlisted in military occupational specialty (MOS) 92G (Food Service Specialist) and assigned to his regular unit.  Due to unit demobilization and excesses in MOS 92G, he was involuntarily transferred from Headquarters and Headquarters Company (HHC), 65th Infantry to the 
1243rd Transportation Company.  The nature of the transfer was involuntary even though the orders state "Individual Request."

3.  The applicant provides:

* his Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, dated 14 January 2008
* a memorandum, dated 21 June 2013, from the National Guard Bureau (NGB), Subject: Request for ETP for NPSEB
* a memorandum, dated 15 July 2013, from Puerto Rico National Guard, Joint Forces Headquarters - Puerto Rico, Subject: Notification of Incentive Eligibility Termination
* orders

CONSIDERATION OF EVIDENCE:

1.  On 12 April 2006, he enlisted in the Puerto Rico Army National Guard (PRARNG) for a period of 6 years.  His Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, signed on 12 April 2006, shows he enlisted for assignment to HHC, 1st Battalion, 296th Infantry for training in MOS 92G.  Section VII - Addendums of the form lists the following addenda as being attached:

* Enlistment Bonus Form
* Montgomery GI Bill

2.  On 12 April 2006, he signed Annex E to DD Form 4, Enlistment Bonus Addendum, Army National Guard of the United States.  The form contained the bonus control number (BCN): E-06-04-PR.  He indicated he understood:

* he was enlisting into HHC, 1st Battalion, 296th Infantry
* he was enlisting for MOS 92G which had been identified as a $20,000 critical MOS
* he would receive his first payment of 50 percent when he completed initial active duty for training and he was awarded the MOS for which he enlisted
* he would receive his final anniversary payment of the remaining 
50 percent on his 3rd year anniversary of enlistment
* he would be terminated from bonus eligibility if he voluntarily transferred to a non-critical skill and non-bonus unit (if enlisted for a critical skill he must remain in that critical skill for the first 3-year period) with recoupment  effective the date of transfer
* he would be terminated from bonus eligibility with recoupment if he separated from the Army National Guard for any reason unless due to death, injury, illness, or other impairment not the result of his own misconduct

3.  Puerto Rico National Guard Element, Joint Forces Headquarters issued the applicant the following orders for active duty for training (ADT) to attend Pre-Basic Combat Training English Language Course for the periods indicated:

* 102-074, dated 1 June 2006, from 30 May to 28 June 2006
* 120-027, dated 27 June 2006, from 29 June to 28 July 2006
* 144-069, dated 31 July 2006, from 29 July to 27 August 2006

4.  On 29 August 2006, he was discharged from the PRARNG by reason of entry level performance and conduct.  He completed 4 months and 18 days of service that was uncharacterized.

5.  A memorandum, dated 10 December 2007, from the Puerto Rico National Guard, Joint Forces Headquarters approved a waiver for entry level performance and conduct for the applicant to enlist in the PRARNG.
6.  He signed a DD Form 1966 (Record of Military Processing - Armed Forces of the United States) on 14 January 2008, applying for enlistment in the PRARNG.  Section VI - Remarks of the form contains an entry indicating that he was not eligible for any non-prior service (NPS) enlistment options or Selected Reserve Incentive Program (SRIP) enlistment options.

7.  A DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he enlisted in the PRARNG for a period of 7 years, 
7 months, and 18 days.  Items 5 (Date of Enlistment/Reenlistment) and 17 (In the National Guard (Army or Air)) contain the date 12 April 2006.  However, the applicant's, the service representative's, and the enlistment officer's signatures are all dated 14 January 2008.

8.  His Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, signed on 14 January 2008, shows he enlisted in Company A, 130th Engineer Battalion and was assured of attending the school course for MOS 92G.  Section VII - Addendums of the form shows only the Montgomery GI Bill as being attached to his enlistment agreement.

9.  He was ordered to active duty from 28 August 2008 to 30 January 2009 to attend the course of instruction for MOS 92G.  Upon completion of his active duty he was awarded MOS 92G.

10.  Puerto Rico National Guard Element, Joint Forces Headquarters issued orders:

* 273-661, dated 30 September 2010, transferring him to the 783rd Maintenance Company in MOS 92G
* 056-128, dated 25 February 2011, ordering him to active duty for the period from 4 April to 1 May 2011 to attend Phase 1 and 2 of course of instruction for MOS 88M (Motor Transport Operator)
* 220-509, dated 8 August 2011, transferring him to the 1243rd Transportation Company in MOS 88M, by reason of "Individual's request"
* 342-508, dated 8 December 2011, awarding him primary MOS 88M
* 071-542, dated 12 March 2013, modifying order 220-509 to change the reason for transfer from "Individual's request" to "Inactivation, Reorganization or Relocation"

11.  NGB memorandum, dated 21 June 2013, denied the applicant's request for an ETP to retain his $20,000 NPSEB because:


* he was not serving in the MOS for which he contracted which violates ARNG SRIP 06-05
* his contract/bonus addendum could not be found which violates ARNG SRIP 06-05

12.  NGB stated the applicant's:

* date of agreement/enlistment was 14 January 2008
* contracted bonus addendum/agreement amount was $20,000
* contracted MOS was 92G and his current MOS was 88M

13.  Puerto Rico National Guard, Joint Forces Headquarters Memorandum, dated 15 July 2013, notified the applicant that discrepancies found in his incentive contract required eligibility termination.  The following information applied:

* Incentive type:  NPSEB
* Discrepancy: Soldier signed addendum before date of enlistment, reenlistment, extension, accession or appointment
* Recoupment:  $20,000
* Reason for Recoupment:  ETP denied

14.  Army National Guard (ARNG) Fiscal Year (FY) 06 SRIP Policy Guidance for 27 January 2006 - 31 May 2006 (Policy Number 06-05) established policy to administer the ARNG SRIP for the period effective 27 January 2006 through 
31 May 2006.  ARNG SRIP Policy Number 06-05 offered a $20,000 bonus to applicants who enlisted for the 6x2 or 8x0 enlistment options and selected one of the "Top Ten" NGB approved critical skill MOS's.  MOS 92G is listed as one of the "Top Ten" MOS's.

15.  ARNG SRIP Guidance for FY 2007, 16 June 2007 - 31 March 2008 (Policy Number 07-05) established policy to administer the ARNG SRIP for the period effective 16 June 2007 through 31 March 2008.  MOS 92G was listed on the Critical Skills List.

	a.  Paragraph 5 stated if entitlement to an incentive was terminated for any reason before the fulfillment of the service described in the member's written agreement, the member shall not be eligible to receive any further incentive payment, except for payments for service performed before the termination date. Among the reasons for termination were:

		(1)  Separation from the ARNG.

		(2)  Moving to a non-bonus skill or unit, unless the move is due to normal career progression (promotion) or is required by the needs of the ARNG.

	b.  Paragraph 9 states Glossary Non Prior Service (GNPS) applicants are not eligible to receive any incentive authorized under this policy.  A qualified NPS applicant must never have previously served in the armed forces of the United States.  "Never previously served" means that the applicant has never performed a single duty day, or has never attended either formalized training or a unit assembly for which payment was made by the armed forces to the applicant.

16.  NGB memorandum, dated 25 July 2011, provided policy for the ARNG SRIP for those entering or serving in a traditional status in the ARNG effective 
1 August 2011.  This memorandum shows both MOS 92G and 88M on the Enlisted Critical Skill List.

DISCUSSION AND CONCLUSIONS:

1.  He had remained in MOS 92G, the MOS he enlisted for, for the first 3-year period of his second enlistment.  His orders transferring him to an MOS 88M assignment were modified to show the reason was due to inactivation, reorganization or relocation instead of individual's request.  At the time he was transferred and awarded MOS 88M it was listed on the Enlisted Critical Skill List in NGB memorandum, dated 25 July 2011.  He has continued to serve in a critical skill MOS since his enlistment.

2.  At the time of his enlistment on 12 April 2006 in MOS 92G he was authorized a $20,000 NPSEB in accordance with ARNG SRIP Policy Number 06-05.  He signed Annex E on the date of his enlistment.  However, he was discharged on 29 August 2006.  Therefore, his eligibility for the NPSEB was terminated.

3.  The applicant completed 2 months and 27 days of ADT in 2006.  Therefore, when he enlisted in the PRARNG on 14 January 2008 he did not meet the definition "never previously served."  His DD Form 1966 contained a statement that specifically stated he was not eligible for any NPS enlistment options or SRIP enlistment options.

4.  The enlistment date on his second DD Form 4 appears to be in error.  It shows an enlistment date of 12 April 2006 and the signatures are all dated 
14 January 2008.  When he enlisted in the PRARNG on 14 January 2008 he was not eligible for an NPSEB.

5.  In view of the above there is no basis for granting the applicant's request.

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)                                         AR20130017328



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017328



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1