BOARD DATE:	  13 January 2015

		DOCKET NUMBER:  AR20140006700 


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 record to restore full eligibility for his Prior Service Enlistment Bonus (PSEB) and Student Loan Repayment Program (SLRP).

2.  The applicant states:

	a.  When he decided to reenlist in the Army National Guard (ARNG), the recruiter told him he qualified for both bonuses.  He was sworn in on 31 July 2006 and trusted that the California ARNG (CAARNG) recruiter had exercised due diligence to ensure that the paper work was all in order.

   b.  The CAARNG Incentive Task Force letter informed him that there was neither an enlistment bonus addendum nor a SLRP addendum in his record.

	c.  However, the existing documentation supports his request because his DA Form 1966/3 (Record of Military Processing) shows both programs in item 32a (Specific Options/Programs Enlisted for):

	d.  The Duty Military Occupational Specialty Qualification (DMOSQ) issue is irrelevant – orders show he was twice ordered to change to a different MOS to fill unit needs.  Also, he was in fact qualified in MOS 51B (Carpentry and Masonry Specialist).

	e.  He relied on the recruiter to get the enlistment documents correct.  He had already met his original military commitment and only agreed to an additional
6-year commitment because of the enlistment bonus and the SLRP. 

3.  The applicant provides copies of transfer orders dated 28 September 2006 and 26 March 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant had completed 4 years active duty in the Navy and approximately 4 years of inactive duty in the CAARNG.  He had been awarded MOS 51B in 2001.  It had been redesignated and the applicant was officially awarded MOS 21W (also Carpentry and Masonry Specialist).

2.  He enlisted in CAARNG for 6 years on 31 July 2006.  His DD Form 4/1 (Enlistment/Reenlistment Document) states the details of his enlistment are included in Section C and Annex A, X, and Z.  He enlisted for assignment in MOS 21W but no unit Identification code was specified in the DA Form 1966.

3.  The cited annexes are not contained in the available records.  Item 32c of his DA Form 1966/3 shows, "Bonus & Student Loan Repayment $20,000."  The applicant started his enlistment with assignment to an engineer brigade. 

4.  The applicant received $7,500 in payments for the PSEB on 22 September 2006 and 26 March 2008.  SLRP payments in the amount of $6,000 were made on his behalf.

5.  The orders the applicant submitted in support of his request show that, effective 28 September 2006, the CAARNG released him from a vehicle driver position with the engineer brigade and transferred him to a signal support system maintenance detachment position with an infantry division.  Effective 23 March 2007, the CAARNG moved him again; this time to a radio retransmission operator position in an infantry company.

6.  Effective 14 November 2008, he was transferred to the 1st Cadet Company.  He completed Officer Candidate School (OCS) and took the oath of office as a second lieutenant on 15 August 2009.

7.  The CAARNG Incentive Task Force wrote to the applicant on 13 April 2012 requesting supporting documentation and suggesting that he might be eligible for an exception to policy.

8.  On 30 November 2012, the CAARNG Incentive Task Force completed a DD Form 139 (Payment Adjustment Authorization) authorizing recovery of $15,000 from the applicant because he had "no contract in file and is              Non-DMOSQ.”

9.  In a 6 November 2013 memorandum, the Commander of the CAARNG Incentive Task Force wrote that the applicant was not eligible for the SLRP.

10.  A 6 November 2013 memorandum for the Board from the CAARNG Incentive Task Force pointed out that the applicant was eligible for the $15,000 PSEB but had not executed the required written agreement.  It also noted that he was never eligible for the SLRP because he was assigned to a non-qualifying position as an OCS Student.   Nevertheless, it recommended relief from recoupment of the SLRP already paid and creation of a valid bonus addendum to support his PSEB eligibility. 

11.  In January 2014, a CAARNG Legal Assistance attorney analyzed the case and recommended relief.  (This individual may have been assigned to assist the applicant, but it is impossible to tell.  The applicant did not designate him as counsel or mention him all.)

12.  An 18 April 2014 memorandum from the National Guard Bureau (NGB) recommends the requested relief.  It is impossible to tell if the applicant, the above-mentioned attorney, or the CAARNG actually submitted this document.

	a.  Notwithstanding the absence of addenda, when the records were audited it was determined that the applicant had been eligible for both bonuses.

	b.  The absences of the bonus agreements is due to an error by the recruiter as is demonstrated by the fact that the DD Form 1966 lists both bonuses in block 32a, which was signed by the recruiter.  The incentives were initially paid, which reinforces the conclusion that the addenda had previously existed.

	c.  The applicant's attendance at OCS and subsequent commissioning should not cause termination of the incentives.  The Selected Reserve Incentive Program guidance for Fiscal Year 2006, as then in effect, provided that recoupment was not required if the Soldier participated in OCS.

	d.  Likewise, the same policy guidance provided the SLRP would remain in effect for Soldiers attending OCS and after accepting a commission.

13.  NGB Memorandum dated 26 May 2006 on the subject of Selected Reserve Incentive Programs set forth the requirements and provisions for recruiting bonuses for Fiscal Year 2006 to be known as Policy 06-06.  It provided:

	a.  As an exception to recoupment policy, recoupment was not required of a ARNG Soldier accepting an immediate appointment as an officer or a warrant officer in the ARNG after serving 1 year of an incentive contract.  Participation in an ARNG OCS or warrant OCS program is not cause for termination with recoupment.

	b.  SLRP for prior service enlistees (or extensions) was payable while attending OCS or WOCS and they would remain eligible upon commissioning or appointment subject to the SLRP restrictions and entitlements of their enlistment term.  Such commissioning or appointment did not start a new term.

14.  As pointed out in similar cases, the Department of the Army issued guidance to the NGB denying authorization for exceptions to policy when the addendum is not signed by government representatives, or when such signatures are more than 12 months from the date of the commission.  Given the circumstances surrounding this case, creating an addendum would serve no purpose.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his military records should be corrected to show he the completed PSEB and SLRP addenda, relief from recoupment of any funds received, and receipt of any authorized funds as yet unpaid.

2.  A review of the applicant's case clearly shows that the applicant was not at fault for any of the administrative errors that occurred in the processing of his enlistment contract.

3.  Additionally, the fact the incentives were paid indicates that the required addenda had been completed, even though the CAARNG can't locate them years after the fact. 

4.  The applicant was fully qualified for the PSEB and the SLRP and this position is supported by the NGB opinion.

5.  No SLRP exception to policy was or is necessary.  Furthermore, he was authorized t o receive SLRP payments through the period of his enlistment (until 30 July 2012).

6.  Creation of backdated addenda in this case is neither necessary nor authorized.



BOARD VOTE:

___X_____  ____X____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a. show that all necessary addendum for the PSEB and SLRP were completed by applicant and all required official in a timely manner; 

	b.  terminating any ongoing recoupment action and refunding any related recoupment of these monies that may have already occurred; and

	c.  paying him any unpaid applicable incentives through his original period of enlistment (30 July 2012) that is related to this correction of records.



      _________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)                                         AR20140006700



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