IN THE CASE OF:
BOARD DATE: 26 November 2014
DOCKET NUMBER: AR20130017817
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 the decision by the National Guard Bureau (NGB) to deny him payment of his Non-Prior Service Enlistment Bonus (NPSEB) of $20,000 be reversed and he be paid the bonus.
2. The applicant states:
* he signed a 6x2 enlistment contract in the Nebraska Army National Guard (NEARNG) and agreed to serve in military occupational specialty (MOS) 25U (Signal Support Systems Specialist)
* in 2011, after serving 4 years, including a 1-year deployment, he changed his MOS to 15T (Blackhawk Mechanic), in order to benefit his unit
* although he changed his MOS, he is still attached to the same unit he enlisted for, despite the difference in the unit identification code
* he knows he breached his contract; but, he completed 4 years and
5 months in MOS 25U, under the same unit and he continues to serve and plans on reenlisting
* he submitted an exception to policy (ETP) request to retain the bonus but the NGB denied his request
3. The applicant provides his ETP request and the NGB denial memorandum.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the NEARNG for a period of 8 years on 4 August 2008. He enlisted in MOS 25U and for assignment to Company C, 2nd Battalion, 135th Aviation (General Support Aviation Battalion (GSAB)).
2. In connection with his enlistment, he completed Annex E (NPSEB Addendum - ARNG) wherein he acknowledged that he understood:
* upon his enlistment in the ARNG, he would be eligible for an enlistment bonus as indicated in the Selected Reserve Incentive Program (SRIP)
* he was enlisting into a critical skill MOS under 6x2 or 8x0 enlistment option and he would receive a non-prior service critical skill bonus of $20,000 for this enlistment option
* he would receive his first payment of 50 percent when he completed training and was awarded the critical MOS
* he would receive the second installment on the 36th month anniversary of his enlistment
* his bonus would be terminated with recoupment if he voluntarily transfers into a non-critical MOS or transfers from the unit for which the bonus was awarded (recoupment would be calculated from the date of transfer)
3. He entered active duty for training (ADT) on 27 August 2008. He completed training for and was awarded MOS 25U. He was honorably released from ADT on 25 March 2009.
4. He entered active duty on 13 April 2009 under Title 32, U.S. Code, section 502f. He served in MOS 25U and was assigned to Company C, 2nd Battalion, 135th Aviation (GSAB). He was honorably released from active duty on 26 November 2010.
5. He again entered active duty in support of Operation New Dawn on 27 November 2010 under Title 10, USC, section 12302. He served in MOS 25U and was assigned to Company C, 2nd Battalion, 135th Aviation (GSAB). He was honorably released from active duty on 4 January 2012.
6. On 2 March 2012, he entered IDT and completed training for MOS 15T (UH-60 Helicopter Repairer). He was honorably released from active duty on 20 June 2012.
7. It appears he submitted an ETP request to the NGB to retain his bonus. However, on 21 February 2013, the NGB denied his request. An NGB official stated the applicant was not serving in the MOS he contracted for. This violated ARNG SRIP 07-06 (10 August 2007 to 28 February 2009). The NGB official added that the applicant was unable to comply with the contractual agreement due to a voluntary request in conflict with the agreement/addendum he signed.
8. On 14 June 2003, the State Incentive Manager notified the applicant that his ETP request was denied. The incentive would be terminated with recoupment of $6,944.44 and that no further payments of this option would be authorized.
9. NGB Policy Memorandum Number 07-06, dated 10 August 2007, Subject: SRIP Guidance for Fiscal Year 2007, 10 August 2007 to 31 March 2008, with updates provides for various enlisted and officer bonus incentives.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted for the critical MOS of 25U. He agreed to serve for 6 years in this MOS. He did not fulfill the contractual obligation he agreed to. In March 2012, he voluntarily transferred out of his MOS and he was trained in MOS 15T.
2. The terms of his agreement stipulated that the bonus would be terminated with recoupment if he voluntarily transferred into a non-critical MOS or transferred from the unit for which the bonus was awarded and that recoupment would be calculated from the date of transfer - a prorated amount.
3. The applicant's mobilization, continued service in the ARNG, and intent to reenlist are commendable. However, none of these factors were stipulated in the agreement he contracted for. There does not appear to be an error or an injustice. As such, he is not entitled to the requested relief.
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) AR20130017817
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