IN THE CASE OF:	  

		BOARD DATE:	  5 February 2014

		DOCKET NUMBER:  AR20130020254 


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:

   a.  Correction of his Non-Prior Service Enlistment Bonus (NPSEB) Addendum to show he enlisted in the Army National Guard (ARNG) in the critical military occupational specialty (MOS) 92A (Automated Logistical Specialist) in the critical unit identification code (UIC) WV59A0 vice MOS 11B (Infantryman) and critical UIC WPVWT1 for an NPSEB in the amount of $20,000.
   
   b.  Relief from recoupment of the $20,000 NPSEB he already received.

2.  The applicant states:

	a.  He was recently made aware, through the California ARNG (CAARNG) Incentives Task Force (ITF) audit process, that he was not eligible for payment of the NPSEB because there was no transfer order on record to the critical UIC for which he contracted.

	b.  He enlisted in March 2008 in MOS 11B the critical UIC WPVWT1.  He reported to basic combat training (BCT) at Fort Benning, GA, in July 2008 and during BCT he developed stress fractures in his shins.  After 2 months of training, he was taken out of the training cycle and placed into a rehabilitation unit but he wasn't healing fast enough.  

	c.  After 7 months at Fort Benning, he switched his MOS to 92A in order to complete his training.  Several other Soldiers in similar positions quit training and did everything necessary to be medically discharged.  He wanted to do everything he could to remain a part of the ARNG.  

	d.  On 22 September 2009, he was officially transferred out of UIC WPVWT1 and into UIC V59A0 as a 92A.  The MOS he changed to was a critical MOS and the unit he was transferred to was a critical UIC.  He is requesting that his records be corrected to show he is entitled to the NPSEB of $20,000.  He contracted for the NPSEB in a critical MOS and critical UIC and he transferred to a critical MOS and critical UIC.  He has lived up to his part of the contract by continuing to serve in the CAARNG in a critical MOS and UIC.

3.  The applicant provides:

* two DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* Annex E to DD Form 4 (NPSEB Addendum - ARNG of the United States)
* Orders 265-1139
* three pages titled ITF Bonus Audit Form, dated 13 August 2012
* his Enlisted Record Brief (ERB)
* two statements of support
* ARNG Policy #07-05 Critical UIC List (16 June 2007 - 31 March 2008)
* ARNG Policy #07-05/07-06 Critical UIC List (16 June 2007 - 30 September 2008)
* three pages titled Special pay:  bonus for affiliation or enlistment in the Selected Reserve

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the CAARNG on 4 March 2008 for a period of 6 years.  His expiration of term of service date (ETS) was 3 March 2014.  

2.  The applicant provides and his records contain an NPSEB Addendum, dated 4 March 2008, wherein it shows he was enlisting on that date in the CAARNG in the critical skill MOS of 11B in critical UIC WPVWT1 for a period of 6 years and an NPSEB of $20,000.  This bonus addendum stated the bonus would be paid in a lump sum upon completion of all required training. 

3.  On 29 July 2008, he entered initial active duty for BCT and advanced individual training (AIT) in MOS 11B at Fort Benning, GA.  He was subsequently assigned to Fort Lee, VA, for AIT in MOS 92A.  He successfully completed AIT and was awarded MOS 92A.  

4.  He was honorably released from active duty on 1 June 2009 to the control of the ARNG.  The DD Form 214 he was issued shows he completed 10 months and 3 days of creditable active service during this period of service.

5.  Orders 265-1139, dated 22 September 2009, issued by the Joint Force Headquarters (JFH), CAARNG, transferred him from the 1st Battalion, 184th Infantry, UIC WPVWT1, Turlock, CA, to the 340th Brigade Support Battalion (BSB), UIC WV59A0, Mountain View, CA, in MOS 92A, effective 22 September 2009.

6.  Orders 219-1141, dated 6 August 2012, issued by JFH, CAARNG, released him from the 340th BSB, UIC WV59A0 and assigned him to the 1113th Transportation Company, San Jose, Ca, UIC WPYBAA in MOS 88M (Motor Transport Operator), effective 3 August 2012.

7.  On 28 August 2012, he extended his enlistment by 1 year in order to be eligible to deploy with his unit.  His new ETS date was 3 March 2015.

8.  Orders 342-1014, dated 7 December 2012, issued by JFH, CAARNG, awarded him the primary MOS (PMOS) of 88M and secondary MOS (SMOS) of 92A, effective 9 November 2012.  MOS 88M was also listed as a critical MOS for the CAARNG when the applicant enlisted in the ARNG.

9.  The applicant provides a statement of support, dated 28 March 2013, wherein the commander of the ITF, CAARNG, recommended approval of the applicant's request.  He stated:

	a.  The ITF audited the applicant's NPSEB and determined he had contracted for a critical UIC and MOS that he had transferred out of.  There was no evidence of fraud on the part of the applicant and he would have been eligible for a similar incentive for a critical MOS.  

	b.  He attended training in MOS 11B (a critical MOS) but due to medical problems switched to MOS 92A (also a critical MOS) prior to transferring to another critical UIC.  The bonus was for $20,000 which was within the statutory limits for Fiscal Year 2008 (FY 08).  He was paid $10,000 on 23 October 2009, $5,000 on 6 November 2009, and $5,000 on 10 November 2009.


	c.  He fulfilled the obligations required for initial and continued eligibility of his bonus in accordance with Selective Reserve Incentive Policy (SRIP) 07-06.  To be eligible for the $20,000, a properly-executed NPSEB Addendum for his critical MOS/UIC is required at the time of enlistment.

10.  The applicant provides a statement of support, dated 28 March 2013, wherein a judge advocate with Legal Assistance, CAARNG, recommended approval of the applicant's request and stated the applicant's NPSEB Addendum should be changed to show he enlisted for the critical MOS 92A and critical UIC WV59A0 so he may keep the bonus of $20,000 he already received.  This is based on the fact that he was fully eligible for the NPSEB for MOS 92A and UIC WV59A0 at the time of his enlistment.

11.  Orders 099-461, dated 9 April 2013, issued by the State of California, Office of the Adjutant General, ordered him to active duty as a member of his ARNG unit for deployment in support of Operation Enduring Freedom (OEF) with a report date to his home station of 1113th Transportation Company of 18 May 2013 and report to the mobilization station at Fort Hood, TX, on 21 May 2013.  

12.  Orders HO-182-0026, dated 1 July 2013, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, deployed him in a temporary change of station status not to exceed 348 days to Afghanistan in support of OEF with a will proceed date of on or about 9 July 2013 and assignment to the 1113th Transportation Company, UIC WPYBAA.

13.  In the processing of this case, on 15 November 2013, an advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB).  The advisory official recommended approval of the applicant's request and to grant relief from recoupment of the NPSEB.  The advisory official opined, in part, that:

	a.  The applicant received a $20,000 NPSEB to serve 6 years in the critical MOS 11B.  He reported to BCT in July 2008 at Fort Benning, GA, and, after 2 months of training, he developed stress fractures in his shins, was removed from training, and placed in a rehabilitation unit for 7 months.  He wanted to continue his service in the ARNG and switched his MOS to 92A, another critical MOS.

	b.  The applicant was at no time ineligible to receive the NPSEB; he transferred into another MOS based on his medical condition and his desire to serve his country.  The new MOS and new UIC WV59A0 were also both critical and he met the eligibility requirements to receive the bonus as prescribed in the ARNG SRIP guidance for FY07, 08, and 09.
	c.  The applicant is currently serving in a 92A slot.  The ITF audited him and discovered the NPSEB he originally contracted into was for a critical MOS and the new MOS was also a critical MOS.  There was no evidence of fraud on the part of the applicant.  He maintained a critical MOS in both units and would have been eligible for the same bonus for either MOS or UIC.  The applicant has fulfilled his obligation required for initial and continued eligibility for his NPSEB.

	d.  The State of California concurred with the recommendation.

14.  On 19 November 2013, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant initially enlisted in the CAARNG on 4 March 2008 for an NPSEB of $20,000 in the critical MOS 11B and critical UIC WPVWT1.  The NGB advisory official verified that due to medical issues the applicant could not complete MOS 11B training but was trained in critical MOS 92A and subsequently assigned to critical UIC WV59A0.  

2.  His records show he was transferred to the 1113th Transportation Company, UIC WPYBAA, on 3 August 2012 and extended his enlistment on 28 August 2012 in order to be eligible to deploy to Afghanistan with his unit.  He was awarded PMOS 88M, also a critical MOS at the time of his enlistment, and SMOS 92A on 9 November 2012 and is currently serving with the 1113th Transportation Company in Afghanistan in support of OEF.  

3.  The NGB advisory official confirmed the applicant is currently serving in MOS 92A and both the advisory official and the ITF commander stated the applicant acted in good faith, had fulfilled his obligation to the ARNG, was eligible for the NPSEB of $20,000 for MOS 92A and UIC WV59A0 at the time of his enlistment, and should be granted full relief.

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

* amending his NPSEB Addendum to show he enlisted in the CAARNG for the NPSEB in the amount of $20,000 in MOS 92A and UIC WV59A0
* showing he was eligible for payment of the bonus in accordance with the terms of his enlistment contract as a result of this correction
* allowing him to retain the NPSEB of $20,000 he has already been paid 




      _______ _   _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)                                         AR20130020254





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ABCMR Record of Proceedings (cont)                                         AR20130020254



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