IN THE CASE OF:	  

		BOARD DATE:	  20 May 2014

		DOCKET NUMBER:  AR20130019011 


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) which was agreed upon when he enlisted in the Connecticut Army National Guard (CTARNG) be assigned a manual bonus control number (BCN) and paid to him in accordance with his contract.
	
2.  The applicant states that inadequate Military Personnel Center training and CTARNG procedures prevented him from signing his bonus addendum on the required date and receiving his bonus.

3.  The applicant provides memoranda from the CTARNG, dated 
28 September 2010, and the National Guard Bureau (NGB), dated 1 November 2010.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the CTARNG on 25 November 2009 for a period of
6 years.  His record does not show he completed a bonus addendum at that time.

3.  On 10 March 2010, he and his recruiter signed an Annex E (Non-Prior Service Enlistment Bonus Addendum) to his DD Form 4.  This form shows in:

	a.  Section II (Eligibility), paragraph 6 the applicant enlisted for the 1048th Transportation Company, New London, CT in military occupational specialty 88M (Motor Transport Operator) for a bonus entitlement of $15,000.00.

	b.  Section IV (Payments), paragraph 1, the entry "I will receive a total bonus of $15,000.00 for the enlistment bonus options in Section II.”

	c.  Section IV, paragraph 7a, the entry "I understand my bonus will be paid in three installments.  First 50% installment will be processed upon completion of IADT and verification of MOS qualification for which I enlisted or upon sufficient training to be deployable.  The second 20% installment will be processed on the third-year anniversary, and final 30% installment will be processed on the fifth-year anniversary of my date of enlistment."

	d.  Section IX (Authentication), the entry, "I understand that at time of signature, an iMARC BCN has been verified, approved and recorded on this incentive addendum by the State Incentive Manager.  I also understand that the incentive I am contracting for is invalid without this BCN recorded on this form, on this date, and I will be held to the term of service of this agreement.  Exceptions to Policy are not authorized."  This form does not list a BCN.

4.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 9 March 2010 through 9 July 2010 shows he completed the Motor Transport Operator Course.

5.  On 28 September 2010, the Deputy Chief of Staff, Personnel (DCS, G1), CTARNG, requested an exception to policy from the NGB for a BCN for the NPSEB on behalf of the applicant.  This official indicated that the applicant signed his bonus addendum in good faith and that a lack of command emphasis on this issue caused the CTARNG to miss the 1 March 2010 suspense date.  Future corrective action to prevent similar incidents included having every Soldier who joined the CTARNG and contracted for a bonus or student loans would have a request for control number submitted by the Military Entrance Processing Station (MEPS) to the Incentive Manager for approval.

6.  On 1 November 2010, the Chief, Education, Incentives and Employment Division, NGB, denied the request for an exception to policy for a manual control number (MCN) to be entered in the Information Management and Reporting Center (iMARC).  In accordance with Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2009, 1 March 2009 - 15 June 2010 (Policy Number 07-06), the official stated that the applicant enlisted on 25 November 2009 and the NPSEB in the amount of $15,000 was an authorized incentive at the time of his enlistment.  However, the applicant signed his bonus addendum on 10 March 2010.  Policy guidance states that retroactive entitlement to an incentive offered under this policy is not authorized.  Therefore, the applicant was ineligible for the NPSEB and a BCN.

7.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs which will be issued from the State Incentive Management Office to MEPS counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the CTARNG in good faith for a period of 6 years with the expectation of a $15,000.00 enlistment bonus.

2.  Evidence indicates he met the eligibility requirements to receive payment for the NPSEB and the failure to complete the bonus addendum was due to no fault of the applicant.  He should not be penalized for an administrative error committed by the CTARNG recruiting staff.  Evidence shows he has thus far fulfilled the terms of his enlistment contract.  In view of the available evidence of this case and the comments of the CTARNG DCS, G-1, it would serve the interest of justice to provide the applicant relief.



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 the state Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

	a.  showing his NPSEB annex was properly and timely prepared and he received a valid bonus control number upon his enlistment in the CTARNG in the amount of $15,000.00;

	b.  showing he is eligible for payment of the bonus in accordance with the terms of his enlistment contract as a result of the above correction; and

	c.  paying him, out of Army National Guard funds, his bonus as specified in his enlistment contract, 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)                                         AR20130019011





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ABCMR Record of Proceedings (cont)                                         AR20130019011



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