BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130020644
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 entitlement to an Army National Guard (ARNG) Non-Prior Service Enlistment Bonus.
2. The applicant states he met all of the requirements, including retaking the tests to qualify for training in the continental United States. His DD Form 1966/1 (Record of Military Processing-Armed Forces of the United) states his status on the Foreign Language Recruiting Initiative.
3. The applicant provides copies of
* DD Form 1966/1
* DD Form 1966/2 (Section III-Other Personal Data)
* FF Form 1966/3 (Section IV-Certification)
* DD Form 1966/4 (Section VI-Remarks)
* DD Form 1966/5 (Section VIII Parent/Legal Guardian Consent for Enlistment)
* DD Form 1966/6 (Section VI Remarks Continuation
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 Non-Prior Service Enlistment Bonus Addendum Army National Guard of the United States)-5 pages
CONSIDERATION OF EVIDENCE:
1. On 30 January 2009, the applicant enlisted in the Puerto Rico Army National Guard (PRARNG) and the National Guard of the United States.
2. The NGB Form 600-7-1-R-E bonus form shows the applicant:
a. contracted for a $20,000 non-prior service bonus in military occupational specialty (MOS) 88M (motor transport operator) on 11 July 2009;
b. acknowledged with his initials the statement I understand I will not receive payment until all requirements have been met and my entitlement has been verified and certified by the proper authority; and
c. assigned bonus control number E09080048PR.
3. On 11 February 2010, he became qualified in MOS 88M upon the completion of advanced individual training.
4. On 23 September 2013, in response to a request for an exception to policy by the PRARNG, the NGB, Deputy G-1 (personnel officer) denied it and directed termination of the incentive with recoupment. The justification to support the denial included the facts that the applicant signed the bonus addendum nearly seven months after his initial enlistment contract; no bonus was authorized for his MOS when he enlisted; and the bonus control number was requested after the fact. In addition, the bonus violated the Fiscal Year 2007 (as amended) policy guidance for the ARNG Selected Reserve Incentive Program (SRIP)
5. ARNG SRIP Guidance for Fiscal Year 2007 (as updated and amended) did not authorize a prior service bonus in MOS 88M either when the applicant enlisted or later when the addendum was signed.
DISCUSSION AND CONCLUSIONS:
1. Within his bonus addendum, he acknowledged with his initials that payments would not be made until his entitlement had been verified and certified by the proper authority. Notwithstanding the fact that the recruiters provided the bonus addendum to the applicant with a bonus control number nearly seven months after he signed his enlistment contract, the applicant was not authorized a bonus.
2. The applicant has submitted neither probative evidence nor a convincing argument in support of his request for entitlement to an ARNG Non-Prior Service Enlistment Bonus.
3. In view of the foregoing, 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.
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