IN THE CASE OF:  

		BOARD DATE: 18 February 2014

		DOCKET NUMBER:  AR20140000767 


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 remains entitled to his $10,000 Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states that:

	a.  His request for an exception to policy (ETP) to retain his NPSEB was denied because he is not serving in the contracted military occupational specialty (MOS) and the enlisting official's signature information is missing from the bonus addendum. 

	b.  He is not serving in his contracted MOS because he was cross leveled into another MOS to fill a critical vacancy for deployment to Afghanistan.

	c.  The missing enlisting official's signature is an error on the part of the Federal/State organization.  He should not be held accountable for their mistake.

3.  The applicant provides copies of:

	a.  National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 NPSEB Addendum Army National Guard (ARNG), dated 21 May 2009.

	b.  Delaware ARNG (DEARNG) Orders 020-512, dated 20 January 2012.


	c.  Headquarters, First Army, Rock Island Arsenal, Illinois, Permanent Orders 1A-12-191-023, dated 9 July 2012.

	d.  DEARNG Memorandum, dated 11 July 2012, requesting an ETP for the applicant.

	e.  An NGB Memorandum, dated 1 May 2013, denying the NPSEB ETP request.

	f.  Headquarters, U.S. Army Garrison, Fort Bliss Orders BL-148-0235, dated 28 May 2013.

	g.  His DA Form 2823 (Sworn Statement), dated 10 September 2013.

CONSIDERATION OF EVIDENCE:

1.  The applicant is a specialist (SPC)/E-4 in the DEARNG.

2.  A NGB Form 600-7-1-6-E indicates he enlisted in the DEARNG on 21 May 2009.  He did not have prior military service.  

   a.  He indicated "I am enlisting into a UIC (Critical Unit Identification Code)/Skill 21R (per SRIP policy) to serve no less than 6 years in a paid drill status for $10,000."  

   b.  He indicated in Section III (Obligations), Item 3 that he was further obligated to serve in the same Military Department and in the same critical skill for which the bonus was approved unless excused for the convenience of the government. 

	c.  A Bonus Control Number (BCN) is at the top of each page of the Addendum.

	d.  The applicant and the "Service Representative" signed the form.

3.  Orders show that:

	a.  Effective 16 April 2010, he was awarded primary MOS (PMOS)
21R based on successful completion of MOS training.



	b.  Effective 4 October 2010, he was awarded PMOS 12R, based upon implementation of a change to the MOS structure.

	c.  Effective 8 September 2012, he was awarded PMOS 25B based on successful completion of MOS training. 

   d.  Effective 21 February 2012, he was transferred from the 160th Engineer Battalion in Newark, Delaware to Company A, 198th Signal Battalion, also in Newark, Delaware.  The MOS listed is 25B.

4.  Permanent orders also show the 198th Signal Battalion was ordered to active duty in support of Operation Enduring Freedom effective 4 September 2013 for an initial period of 400 days. 

5.  The DEARNG Deputy Chief of Staff, Personnel signed a memorandum requesting an ETP for the applicant to receive the second payment of his NPSEB.  The memorandum stated that the Enlisting Official failed to sign the Bonus Addendum.  The applicant had completed all required training and he should not be penalized for the error.

6.  A memorandum from the Deputy G1, NGB, dated 1 May 2013, subject:  Request for ETP for an NPSEB, shows his ETP request to retain the $10,000 bonus was denied because he was not serving in the MOS for which he contracted.  He contracted in MOS 21R and was serving in MOS 25B.  Additionally, the bonus addendum is missing the signature dates from the Witnessing Official and Service Representative.  Recoupment was directed. 

7.  The applicant was deployed on temporary change of station orders in support of Operation Enduring Freedom to Kandahar, Afghanistan, effective 31 May 2013 for a period not to exceed 348 days.  

8.  In his 10 September 2013 sworn statement the applicant stated the next payment on his bonus was denied because he was not currently slotted in MOS 12R and the enlisting official did not sign his bonus addendum.  A bonus control number was approved and a service representative signed his document to prove there was an agreement between him, the Federal government, and Delaware concerning his bonus.  He was involuntarily transferred to the 198th ESB to fill a critical slot in MOS 25B for deployment to Afghanistan and that was why he was not serving in MOS 12R slot at this time.



9.  Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows the applicant entered into a contract with the understanding he was entitled to and would receive an NPSEB.  He signed the appropriate forms.  On those forms he indicated "I am enlisting into a UIC/Skill 21R (per SRIP policy) to serve no less than 6 years in a paid drill status for $10,000."  He indicated in Section III (Obligations), Item 3 that he was further obligated to serve in the same Military Department and in the same critical skill for which the bonus was approved unless excused for the convenience of the government. 

2.  The evidence shows the applicant was awarded PMOS 21R, and later awarded PMOS 12R due to a change in the MOS structure. 

3.  Orders show he was transferred to the 198th Signal Battalion for duty in MOS 25B, and the 198th Signal Battalion was ordered to active duty in support of Operation Enduring Freedom, effective 4 September 2013, for an initial period of 400 days. 

4.  The absence of signatures and dates from the Enlisting Official and Service Representative are not the applicant's responsibility.  There is more than sufficient evidence available to show the applicant believed he would receive the PSEB that he was promised.  The DEARNG is responsible for the administrative errors relating to the handling of the applicant's PSEB.

5.  However, other than his statement there is no evidence to show the applicant was involuntarily transferred out of his enlistment MOS/UIC to fill a critical vacancy for deployment.  When the DEARNG Deputy Chief of Staff, Personnel requested an ETP for the applicant to receive the second payment of his NPSEB the memorandum only mentioned the signing errors on the Bonus Addendum.  That official did not mention the circumstances surrounding the applicant’s transfer to a deploying unit.

6.  In view of the above, there is insufficient evidence at this time to grant 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.

ABCMR Record of Proceedings (cont)                                         AR20110020775



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ABCMR Record of Proceedings (cont)                                         AR20140000767



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