IN THE CASE OF:
BOARD DATE: 3 December 2013
DOCKET NUMBER: AR20130019543
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 her $15,000.00 non-prior service (NPS) enlistment bonus.
2. The applicant states she has been denied payment of her NPS enlistment bonus because of administrative errors made by recruiting personnel during the preparation of her bonus addendum/contract. She goes on to state she has fulfilled every aspect of her contract and does not believe she should be held accountable for mistakes made by personnel who should have known what was required for a valid contract.
3. The applicant provides copies of her denial of her request for an exception to policy from the National Guard Bureau (NGB), a sworn statement, and her enlistment contract and addendums.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the South Carolina Army National Guard (SCARNG) on 22 June 2011 for a period of 1 year.
2. The applicant then enlisted in the SCARNG on 14 July 2011 for a period of
7 years and 49 weeks, training as a combat engineer, and a $15,000.00 NPS enlistment bonus.
3. She was ordered to active duty training (ADT) at Fort Leonard Wood, MO on 4 March 2012 where she completed her training as a combat engineer and she was awarded military occupational specialty 12B (combat engineer). She was released from ADT on 22 June 2012 and she was returned to her SCARNG unit.
4. On 30 January 2013, officials at the SCARNG submitted a request for an exception to policy to pay the applicant her bonus. It went on to explain that the applicant was issued a bonus control number (BCN) from the Military Entrance Processing Station (MEPS) and when she later went back to change her contract, a new BCN was not issued. Additionally, the bonus addendum was dated after her enlistment. Officials explained that the errors were through no fault of the applicant and indicated that the applicant had met all conditions of her contract.
5. On 17 May 2013, the NGB denied the request for an exception to policy for the applicant to retain the $15,000.00 NPS enlistment bonus and directed the State Incentive Manager to terminate the incentive with recoupment. The basis for the denial was based on the fact that her BCN was not requested at the time of enlistment and her bonus addendum was signed after her date of enlistment.
DISCUSSION AND CONCLUSIONS:
1. The applicantÂ’s contention that she should be paid her NPS enlistment bonus has been noted and appears to have merit.
2. While it is understood that there was an established process for requesting a BCN from the NGB for persons receiving an NPS enlistment bonus, the responsibility for requesting a BCN rests with the recruiting officials and chain of command, not with the individual applicant, who had no prior military experience at the time the commitments were made to her.
3. The applicant signed a contract to enlist in the SCARNG with the recruiter. Accordingly, the Army and the SCARNG had an obligation to ensure that the Army met the conditions of its contract by requesting the appropriate BCN and ensuring it was properly dated and signed just as the applicant has fulfilled her obligations.
4. Therefore, as a matter of equity, it is only proper that the Army and the SCARNG honor its commitment to the applicant just as she has honored her commitment by showing that a BCN was issued on the appropriate date and the addendum was signed on the appropriate date and paying her the bonus she is due as a result of her service to the nation and the SCARNG.
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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:
a. showing she was issued a BCN on the proper date;
b. showing that her addendum was properly and timely dated; and
c. paying her, out of Army National Guard funds, the total amount of the NPS enlistment bonus she is due.
____________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) AR20130019543
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ABCMR Record of Proceedings (cont) AR20130019543
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