IN THE CASE OF:	

		BOARD DATE:	    29 April 2014

		DOCKET NUMBER:  AR20140001173 


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, in effect, an exception to policy (ETP) for retention of a Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states:

   a.  Her addendum does not state she was owed a bonus; however, at the time of her enlistment she was told that she was eligible for a bonus.  Her Personnel Qualification Record (PQR) and Enlisted Record Brief (ERB) both state her bonus pay date is 20 April 2010, the day she enlisted.  However, after serving 3 years in the Army National Guard (ARNG) she has not seen any bonus.  She went and talked to a recruiter for assistance to figure out the problem and apparently she completed an obsolete addendum form when she enlisted.  They completed a new addendum and it was forwarded to the Incentive Manager Assistant and then to the National Guard Bureau (NGB).  

   b.  On 8 December 2013, she learned the NGB has denied her request because at the time of her enlistment she needed a score of 50 or higher on the Armed Services Vocational Aptitude Battery (ASVAB).  She scored 47.  

   c.  Although she does have the paperwork that states she is qualified for a bonus, the NGB also denied the bonus because they stated the bonus date was prior to her enlistment date.  She has an email for the Incentive Manager Assistant that shows the Incentive Manager Assistant told her what date to put on the sworn statement.  The date she input was also her 17th birthday, the day she went and talked to the recruiter to begin the enlisting process, so the date shouldn't be wrong.  

   d.  The Inspector General's (IG) personnel stated an appeal to the Army Board of Correction of Military Records (ABCMR) was her only choice to prove her case.  If her ASVAB score wasn't high enough to receive a bonus, then none of her paperwork would state that she is entitled to and authorized a bonus.  The IG stated that the PQR and ERB are not contract documents, but they do state that she is authorized and is entitled to a bonus.  This information has to come from somewhere, so she believes a form was missed or never input during the in-processing and that has caused the problem.

3.  The applicant provides copies of a DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), a PQR, an Annex E to DD Form 4 (Non-Prior Service Enlistment Bonus (NPSEB) Addendum, ARNG of the United States), a DA Form 2823 (Sworn Statement), and an ERB.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant provided copies of and her record contains the following:

   a.  A DD Form 4/1 which shows she enlisted in the Florida ARNG (FLARNG) on 20 April 2010 for 8 years.  

   b.  A PQR, prepared on 13 May 2011, which shows the following:

* Item 20 - Bonus Entitlement:  Q
* Item 21 - Bonus Authorized:  Q
* Item 22 - Bonus Date:  20 April 2010



3.  Her records contain and she also provides: 

	a.  Annex E, dated 26 February 2013, she executed for a $15,000 NPSEB.  The addendum states in:

		(1)  Section II (Eligibility), the entries “I have an Armed Forces Qualification Test (AFQT) score of 31 or higher”; the form does not list her score and "I am enlisting into the 151th Aviation/Unit Identification Code WP7SB0 to serve at least 6 years in a paid drill status."

		(2)  Section III (Payments), the entries "I will receive a total bonus of $15,000 for the enlistment bonus option above, less taxes," "I will receive my first bonus payment of 50 percent of the total authorized amount when I complete IADT and I am awarded the MOS for which I enlisted," and the “second and final payment of 50 percent will be paid on the 36th month anniversary of my date of enlistment.”

   b.  DA Form 2823, dated 26 February 2013, wherein she stated that she was offered a $15,000 NPSEB on 8 February 2010, but due to the clerical errors, such as an obsolete form, the bonus was never established in the Information Management and Reporting Center or assigned a bonus control number (BCN).

   c.  An ERB, dated 9 July 2013, which shows in Section I (Assignment Information) - Bonus Enlistment Eligibility Date:  20 April 2010.

4.  In an advisory opinion, dated 11 February 2014, a staff member of the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G1, reiterated the applicant's request.  The G1 official concurred with the NGB's denial of the requested NPSEB.  The G1 official stated the ARNG NGB denied an ETP to retain the $15,000 NPSEB for the following discrepancies:

	a.  The applicant's contract/bonus addendum was obsolete, which violated ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007, 2008, 2009, 10 August 2007 to 30 September 2009, Policy Number 07-06 with updates (1 March 2009 to 15 June 2010).  The applicant signed for a Non-Critical Skill $15,000 bonus; however, there was nothing in the contracting documents to support an incentive having been offered in accordance with the enlistment.

	b.  The applicant's contract/bonus addendum was signed before the enlistment documents which violated ARNG SRIP 07-06.

	c.  The applicant's BCN was requested after date of enlistment which violated ARNG SRIP 07-06.

5.  The advisory opinion was forwarded to the applicant for acknowledgement/
rebuttal on 14 February 2014.  She did not respond.

6.  National Guard Regulation 600-7 (SRIP), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with BCNs which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis.  The State Incentive Manager will verify accession packets as prescribed by state policy for BCNs, accuracy of enlistment contract and bonus addendum, and critical skill and bonus unit eligibility.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted in the FLARNG on 20 April 2010.  On 26 February 2013, she executed a bonus addendum for a $15,000 NPSEB.  The NGB denied her an ETP to retain the bonus because her contract/bonus addendum was obsolete, was signed before the enlistment documents, and the BCN was requested after the date of enlistment which was all in violation of ARNG SRIP 07-06.

2.  The applicant's contentions and the documents she submitted were carefully considered.  However, there is no evidence of record and she did not provide sufficient evidence showing she was unjustly or erroneously denied the NSPEB.  

3.  Therefore, without evidence to the contrary, the action taken by the NGB, Deputy G-1, to terminate the incentive recoupment appears to be proper and he has not shown otherwise.  

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)                                         AR20140001173





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001173



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1