IN THE CASE OF:  

		BOARD DATE:  2 December 2014

		DOCKET NUMBER:  AR20140007601


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 payment of the second half of his Army National Guard (ARNG) non-prior service enlistment bonus (NPSEB) for a critical skill military occupational specialty (MOS) in the amount of $10,000.

2.  The applicant states the second payment of his $20,000 NPSEB was withheld.  The first payment was paid when he completed his initial entry training (IET).  The second payment was to be paid at the 3-year interval.  He understands that his training was long and may have exceeded what was in the original contract.  However, this was out of his control.  After successfully completing basic combat training, he went to his IET location at the Defense Language Institute in Monterey, CA.  He began his 47-week language course right on schedule.  He was never held back, was never flagged, and he never failed a physical training test.  He graduated right on time in Pashto, a category 4 language, with a 2/2/1+ qualification.  He was immediately sent to a secondary IET school at Goodfellow Air Force Base.  Once again, he began his course (which was even a shortened version of the course Farsi linguists were put through) right on schedule.  He graduated on schedule with no delay.  He successfully completed all of his training without delay.  The long training period went over the contract's length of IET.  He could not have changed any of this.  He did not influence it negatively whatsoever.  He did everything in his power to facilitate a timely completion of IET.  He feels he has been treated unjustly because of something entirely out of my control.



3.  The applicant provides:

* A National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document) – NPSEB Addendum), dated 8 August 2008
* A Guard Annex (Enlistment/Reenlistment Agreement, ARNG, dated 8 August 2008
* A memorandum, subject:  Request for Exception to Policy (ETP) for NPSEB, dated 17 May 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Iowa ARNG (IAARNG) on 8 August 2008 for a period of 6 years with an obligation to serve for no less than 8 years in the U.S. Armed Forces.  He is currently serving as an active member of the IAARNG.

2.  Annex E to his DD Form 4 shows he enlisted for a $20,000 NPSEB in MOS 35W with Persian-Iranian language, includes Farsi.  Section III - Payments, paragraph 4 of this annex states "I understand that I will not receive a payment until all requirements have been met and my entitlement has been verified and certified by the proper authority."

3.  Orders 8224004, Department of Defense, Military Entrance Processing Station, Sioux Falls, South Dakota, dated 11 August 2008, ordered the applicant to initial active duty for training (IADT).  The order shows the period of training was approximately 9 weeks for basic training and 53 weeks for MOS 35P training or until completion.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows:

	a.  he entered active duty for training on 31 May 2009 (9 months and 24 days after the date of his enlistment in the IAARNG);

	b.  he completed the 13-week Voice Interceptor Course in 2010;

	c.  he was awarded MOS 35P Cryptologic Linguist;

	d.  he was released from active duty training on 9 December 2010; and

	e.  he had completed 1 year, 6 months, and 9 days of active duty training.

5.  On 17 May 2013, the Deputy G1 (Personnel Officer), ARNG, denied the applicant's request to retain the $20,000 NPSEB.  The Deputy G1 stated the applicant did not complete MOS 35P training within the 24-month required timeframe.  Therefore, the State Incentive Manager would terminate the incentive without recoupment.

6.  The applicant's record is void of any evidence showing he failed to complete any courses required to obtain MOS qualification or that courses were rescheduled for his benefit.

7.  National Guard Regulation 600-7 (Selective Reserve Incentive Programs), chapter 2, paragraph 2-3, provides that a person is eligible for an NPSEB if they meet the following requirements:

* contract for a term of 8 years (6 years must be in the ARNG)
* meet eligibility requirement for enlistment as an NPSEB applicant 
* enlist for assignment to a vacant position
* meet the educational requirements
* has an Armed Forces qualification test score of 31 or higher
* is not enlisting for a military technician (MilTech) position
* completes the NGB Form 600-7-1-R-E
* only contracts for one bonus at a time

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the IAARNG in good faith for a period of 6 years with the expectation of receiving a $20,000 enlistment bonus.

2.  The evidence of record shows that he completed his training as a cryptologic linguist in Pashto, a language in the Persian-Iranian family of languages.

3.  The evidence indicates that he was denied payment for the NPSEB because he did not complete his training within 24 months of his enlistment.  However, the evidence shows that he did not enter active duty training until 31 May 2009, a period of 9 months and 24 days after his enlistment in the IAARNG.  There is no explanation for this delay.  However, due to the long length of his language training, it is reasonable to believe that this was the first available course after his enlistment.  The evidence further shows he completed all of his IET in a period of about 18 months and was returned to his IAARNG unit for duty.  The total elapsed time from enlistment to completion of training was 28 months and 2 days.  There is no evidence showing the applicant did anything to delay any part of his required training.

4.  The Deputy G1, ARNG denied his request for an ETP citing the applicant had failed to become duty MOS qualified in MOS 35P within the 24-month timeframe.  However, it appears that due to the scheduling and the length of training, through no fault of his own, he was unable to meet the 24-month requirement.

5.  Therefore, notwithstanding the NGB's denial of his request for an ETP, in view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's record to show he was fully entitled to receive the contracted NPSEB.

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 the State 
Army National Guard records and Department of the Army records of the individual concerned be corrected by:

	a.  showing he was granted an exception to policy to retain the NPSEB in accordance with the terms of his enlistment contract; and

	b.  paying him, out of ARNG funds, the total amount of his NPSEB as specified in his enlistment contract.



      ____________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)                                         AR20120020438



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ABCMR Record of Proceedings (cont)                                         AR20140007601



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