IN THE CASE OF:  	  

		BOARD DATE:  3 March 2015	  

		DOCKET NUMBER:  AR20140006070 


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 her records to show she is authorized payment of a Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states she fulfilled her time in the Inactive National Guard (10 months), returning in February 2012 from pre-mobilization training.  She believes the error was caused by miscommunication between her and the unit administrative noncommissioned officer.

3.  The applicant provides:

* DA Form 2823 (Sworn Statement), dated 19 September 2013 (Applicant)
* DA Form 2823, dated 4 October 2012 (Applicant)
* memorandum from the National Guard Bureau (NGB), dated 14 March 2013, subject:  Request for Exception to Policy for NPSEB (Applicant)
* DA Form 2823, dated 4 September 2013 (Sergeant First Class 
R____ P____)
* email correspondence, dated 3 October 2012 through 4 September 2013
* DA Form 2823, dated 5 September 2013 (Sergeant C____ D____)
* memorandum from the Oklahoma Army National Guard (ARNG), dated 6 March 2012, subject:  Request Extension Waiver for Soldier Currently Flagged for Army Physical Fitness Test (APFT) Failure (Applicant)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 4 March 2012
* memorandum from the Oklahoma ARNG, dated 16 March 2012, subject:  Request Waiver for Extension of Enlistment (Applicant)
* memorandum from Headquarters, 120th Engineer Battalion, Oklahoma ARNG, dated 17 September 2013, subject:  Letter of Recommendation for (Applicant)
* character reference letter from Colonel J____ R____, dated 8 September 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant's DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows she enlisted in the Oklahoma ARNG on 16 October 2008 for a period of 8 years, thereby establishing an expiration of term of service (ETS) date of 15 October 2014.

	a.  Section III (Explanation to Applicant) of her Guard Annex (Enlistment/
Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment) states:  "Initial enlistment as a non-prior service member.  I have no previous military service on active duty, or active duty for training, in the Armed Forces of the United States and upon executing this enlistment I will incur a statutory military service obligation of eight years."

	b.  Section II (Eligibility) of her NGB Form 600-7-1-R-E (Annex E to DD Form 4 – NPSEB Addendum – ARNG of the United States) states:  "I am enlisting into a Non-Critical Skill under 6x2 or 8x0 enlistment option and will receive a NPS Non-Critical Skill Bonus (50/50 payment)."

	c.  Section III (Payments) of her NGB Form 600-7-1-R-E states:  "I will receive a total bonus of $20,000 for the enlistment bonus option above, less taxes."

	d.  Section IV (Suspension) of her NGB Form 600-7-1-R-E states:  "I understand I will be suspended from bonus eligibility if I…enter a period of non-availability (placement in the Inactive National Guard (ING) (emphasis added).  Maximum period of non-availability are:  (a)  one year for personal reasons [or] (b)  three years for missionary obligations.…Note:  Reinstatement of bonus eligibility is not guaranteed.  If I regain bonus eligibility, my payments will be processed effective on the date the suspension is lifted or on the adjusted anniversary date of satisfactory creditable service (emphasis added)."

	e.  Section VI (Termination with Recoupment) of her NGB Form 600-7-1-R-E states:  "I understand that I will be terminated from bonus eligibility, with recoupment, if I…fail to extend within 30 days of my return to active status for any time served in the ING [or] exceed maximum time in the ING.  Recoupment will be calculated from the date of transfer into the ING."

2.  Oklahoma ARNG Orders 124-006, dated 4 May 2011, released her from attachment to Headquarters Service Company, 120th Engineer Battalion, and transferred her to the ING effective 1 April 2011 for the period 1 April 2011 to 1 February 2012 (approximately 10 months) by reason of family hardship.

3.  Oklahoma ARNG Orders 059-001, dated 28 February 2012, released her from attachment to the ING and transferred her to Headquarters Service Company, 120th Engineer Battalion, effective 1 February 2012.

4.  On 4 March 2012, she executed an extension of her enlistment contract for a period of 6 months, thereby extending her ETS from 15 October 2014 to 15 April 2015.

5.  On 6 March 2012, her company commander requested a 6-month extension waiver to allow the applicant to comply with APFT requirements.  The request for waiver states the applicant had a failing APFT on 18 April 2010.  She became pregnant shortly after that and was issued a temporary physical profile.  She was assigned to the ING from 1 April 2011 to 1 February 2012 due to family care plan issues following the birth of her child.

6.  On 16 March 2012, the Oklahoma ARNG granted her a waiver to allow her to extend her enlistment for a period not to exceed 6 months.  Her new ETS date was established as 15 April 2015.

7.  Oklahoma ARNG Orders 115-089, dated 24 April 2012, ordered her to active duty as a member of her ARNG unit in support of Operation Enduring Freedom beginning 3 July 2012 for a period not to exceed 400 days.

8.  She was honorably released from active duty on 18 June 2013 upon completion of required active service.  Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she completed 11 months and 16 days of net active service during this period.

9.  On 6 June 2014, she executed an extension of her enlistment contract for a period of 6 years, thereby extending her ETS from 15 April 2015 to 15 April 2021.

10.  Section III (Bonus Amount and Payments) of her NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – Reenlistment/Extension Bonus (REB) Addendum – ARNG of the United States) states:  "I am reenlisting/
extending for the six-year DMOSQ [duty military occupational specialty qualification] REB and will receive a total REB in the amount of $10,000.  My REB will be processed in two installments.  The first 50% REB payment will be processed the day after my current ETS upon verification of my MOS and unit of assignment in qualification in GIMS [Guard Incentive Management System].  The second 50% REB payment will be processed on the fourth year anniversary of my REB contract start date provided installment 1 was previously processed."

11.  National Guard Regulation 600-200 (Enlisted Personnel Management) establishes standards, policies, and procedures for the management of the ARNG and the ARNG of the United States enlisted Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the Oklahoma ARNG on 16 October 2008 for a period of 8 years, thereby establishing an ETS date of 15 October 2014.

2.  Her NPSEB Addendum shows she contracted for an NPSEB in the amount of $20,000.  This NPSEB Addendum also shows she understood she would be suspended from bonus eligibility if she entered a period of non-availability (placement in the ING) exceeding 1 year for personal reasons or 3 years for missionary obligations.  If she regained bonus eligibility, her payments would be processed effective on the adjusted anniversary date of satisfactory creditable service.

3.  On 1 April 2011, she transferred to the ING by reason of family hardship for the period 1 April 2011 to 1 February 2012 (approximately 10 months).  On 1 February 2012, she was transferred from the ING to Headquarters Service Company, 120th Engineer Battalion, to resume her ARNG active service.

4.  She was required to extend her term of enlistment in the ARNG by 10 months to 14 August 2015 to retain eligibility for her NPSEB in accordance with her NPSEB Addendum.  As a result of failing the APFT on 18 April 2010 followed closely by her subsequent pregnancy and family care plan issues following the birth of her child, she was only authorized to extend her term of enlistment by 6 months pending satisfactory completion of an APFT, thereby establishing a new ETS date of 15 April 2015.

5.  On 6 June 2014, she met full eligibility to reenlist/extend and she executed an extension of her enlistment contract for a period of 6 years, thereby establishing a new ETS date of 15 April 2021.  Her REB Addendum shows she contracted for an REB in the amount of $10,000 in connection with this 6-year extension.

6.  The applicant satisfied the terms of her NPSEB Addendum when she executed extensions obligating her to serve in the ARNG through 14 August 2015, a period equal to the amount of time she was assigned to the ING (10 months) in addition to her initial period of enlistment.  Therefore, her records should be corrected to show she was granted an exception to policy to retain her NPSEB upon satisfactory completion of a period equal to the amount of time she was assigned to the ING (10 months) in addition to her initial period of enlistment and she is entitled to payment of the unpaid portion of her NPSEB.

BOARD VOTE:

____X___  ____X___  ____X___ GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing she was granted an exception to policy to retain her NPSEB upon satisfactory completion of a period equal to the amount of time she was assigned to the ING (10 months) in addition to her initial period of enlistment; and

	b.  paying her the unpaid portion of her NPSEB effective 14 August 2015, the adjusted anniversary date of satisfactory creditable service, provided all other ARNG service criteria are met.



      ____________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)                                         AR20140006070



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ABCMR Record of Proceedings (cont)                                         AR20140006070



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