IN THE CASE OF:
BOARD DATE: 5 August 2014
DOCKET NUMBER: AR20130020876
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 correction of his military records to show he is entitled to a $15,000 Non-Prior Service Enlistment Bonus (NPSEB).
2. The applicant states his enlistment packet was not uploaded to the Interactive Personnel Electronic Records Management System (iPERMS) when he first enlisted. Therefore, he is not responsible for something he had no control over. The $15,000 was promised in his enlistment contract. He was qualified to receive the bonus. He completed his six years of service. Again, it was no way his fault that he was paid the incorrect amount for his bonus.
3. The applicant did not provide any supporting documentation.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the California Army National Guard (CAARNG) on
29 December 2005.
2. His enlistment documents include a DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and an Enlistment Bonus Addendum in which he indicated:
a. he was a non-prior service enlistee and had never previously served in the U.S. Armed Forces.
b. he was enlisting for military occupational specialty (MOS) of 92Y (Unit Supply Specialist) which had been identified as a $10,000 critical MOS.
c. he would receive a total bonus of $10,000 for the enlistment bonus option, less taxes.
d. his signature on the form is dated 29 December 2005.
3. The DD Form 4 was uploaded to iPERMS on 22 February 2006 and the Enlistment Addendum was uploaded on 2 March 2006.
4. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served on active duty from 5 June 2007 to 23 May 2008. He was honorably released from active duty due to completion of required active service.
5. His record shows he was honorably discharged from the Army National Guard and reassigned to the U.S. Army Reserve (USAR) Control Group (Annual Training) effective 20 December 2011. He was honorably discharged from the USAR effective 31 December 2013.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Department of the Army. The advisory official states that:
a. A review of the applicant's case shows he was offered and contracted for the NPSEB for enlistment into Critical Skill 92Y. His enlistment contract bonus addendum, dated 29 December 2005, states eligibility for a $10,000 bonus.
b. The applicant served the full six years, with a period of active duty and returned to the ARNG unit. He was separated honorably on 28 December 2011.
c. Recommend the applicant receive the $10,000 payment of the NPSEB as stated in his original bonus addendum.
7. A copy of the advisory opinion was provided to the applicant for comments or a rebuttal. He responded and states:
a. he was paid $15,000 as a signing bonus for his service to the ARNG. This has already been paid in two separate installments.
b. His contract clearly states his bonus was for $15,000 and he was paid accordingly. It is not correct that he was only entitled to a $10,000 bonus.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding showing he would receive a NPSEB of $10,000. He signed the appropriate form.
2. There is no available evidence showing he contracted for or was led to believe he would receive an NPSEB of $15,000.
3. In view of the above, the applicant's request should be denied.
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) AR20110020775
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ABCMR Record of Proceedings (cont) AR20130020876
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