IN THE CASE OF:  	  

		BOARD DATE:  14 April 2015	  

		DOCKET NUMBER:  AR20140011485 


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 approval of an exception to policy (ETP) to retain his $20,000 non-prior service enlistment bonus (NPSEB).

2.  The applicant states he enlisted in the Washington Army National Guard (WAARNG) for a term of 6 years in military occupational specialty (MOS) 35F (Intelligence Analyst) and signed a contract with an addendum for a $20,000 signing bonus.  His request for an ETP for the $20,000 has been denied because: 

* he did not contract for the proper term of service  
* his bonus addendum was obsolete  
* his bonus addendum was signed before his enlistment documents 

3.  He has spoken with two other members of his unit who shipped just before and after his ship date, had contracted for the same term and MOS, and were authorized the same signing bonus.  They have been paid their enlistment bonus.

4.  The applicant provides:

* his Enlistment/Reenlistment Agreement, Army National Guard, Service Requirements and Methods of Fulfillment, dated 20 November 2009
* National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4, Non-prior Service Enlistment Bonus Addendum, Army National Guard of the United States), dated 20 November 2009
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States) 
* Headquarters, Military Department, State of Washington Orders 161-952, dated 10 June 2010
* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of  4 November 2010
* a memorandum, dated 27 February 2014, from NGB, subject: Request for ETP for NPSEB for (the applicant)

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States) shows he enlisted in the WAARNG on 20 November 2009 for a period of 1 year.

2.  The enlistment agreement he signed on 20 November 2009 stated he agreed to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve.  He was enlisting for MOS 35F.

3.  His NGB Form 699-7-1-R-E, dated 20 November 2009, shows he was enlisting into a critical skill MOS under the 6x2 or 8x0 enlistment option and would receive a non-prior service (NPS) critical skill bonus (50/50 payment).  The total bonus is shown as $20,000 with payment of 50 percent (%) upon completion of initial active duty for training (IADT) and assignment of the MOS for which he enlisted.  The second and final payment of 50% was to be paid on the 
36-month anniversary of his date of enlistment.

4.  A second DD Form 4 shows he enlisted in the WAARNG on 1 February 2010 for a period of 7 years and 42 weeks.  He entered active duty on 26 April 2010 and completed his IADT on 4 November 2010.  He was awarded MOS 35F on 
4 November 2010.

5.  A memorandum, dated 27 February 2014, from NGB denied his request for an ETP to retain a $20,000 NPSEB.

	a.  He did not contract for the proper term of service on 20 November 2009 which violates Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 07-06 Updated (1 March 2009 to 15 June 2010).

	b.  His contract/bonus addendum was obsolete which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15 June 2010).

	c.  His bonus addendum was signed before the enlistment documents which violates ARNG SRIP 07-06 Updated (1 March 2009 to 15 June 2010).

	d.  His date of enlistment is shown as 1 February 2010 and his contracted bonus addendum, dated 20 November 2009, showed the bonus amount was $20,000.

	e.  He signed an obsolete addendum offering a $20,000 NPSEB when he was assigned to the Recruiting Force Pool-Inactive National Guard.  Soldiers enlisting under this option are not authorized incentives because they are not in an active status and the term of service is only for 1 year.  An individual must enlist for a minimum term of 3 years.

	f.  The ARNG recognized that this was at no fault of the Soldier and allowed the applicable $10,000 NPSEB addendum to be completed.  The $10,000 NPSEB will be in accordance with the SRIP policy based upon his enlistment to an active status on 1 February 2010.  The applicant has already received an initial 50% payment of $5,000 and will receive the remaining payment(s) in accordance with the proper incentive addendum.

	g.  The corrected copy of his NGB Form 600-7-1-R-E shows:

		1)  He was enlisting into critical skill 35F to serve no less than 6 years in a paid drill status for a $10,000 NPSEB.

		2)  His first installment of 50% was to be processed upon completion of his IADT.  A second 20% installment will be processed on the third-year anniversary and the final 30% installment will be processed on the sixth-year anniversary of his date of enlistment.

6.  ARNG SRIP 07-06 updated 17 February 2009 was effective 1 March 2009 and was to remain in effect until 30 September 2009.  Paragraph 6c showed the amount of the NPS critical skills (CS) bonus was $10,000.  Eligibility for the NPS CS bonus included enlistment in the 6x2 or 8x0 enlistment option.

7.  ARNG SRP 07-06 was updated on 15 March 2010 and was to remain in effect until 30 September 2009 (2010).  Paragraph 6c showed the amount of the NPS CS bonus was $10,000.  Eligibility for the NPS CS bonus included enlistment in the 6x2 or 8x0 enlistment option.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be allowed to retain a NPSEB of $20,000.  He contends two other members of his unit who shipped just before and just after his ship date have been paid their enlistment bonuses.  However, he provides no specifics pertaining to either case.  Therefore, there is no way to determine if their situation was exactly the same as the applicant's.

2.  At the time of his enlistment on 20 November 2009, he completed an obsolete NGB Form 600-7-1-R-E showing a $20,000 NPSEB.  At the time the NPSEB for enlisting in a CS was $10,000.  He enlisted for only 1 year in the Recruiting Force Pool-Inactive National Guard making him ineligible for an NPSEB.

3.  When he enlisted on 1 February 2010 the NPSEB for enlisting in a CS was $10,000.  However, he did not complete an additional NGB Form 600-7-1-R-E.

4.  NGB recognized the situation was no fault of the applicant.  NGB allowed for the applicable $10,000 NPSEB addendum to be completed.  The $10,000 NPSEB is in accordance with the SRIP policy in effect upon his enlistment to an active status on 1 February 2010.  The applicant has already received his initial payment of $5,000.

5.  In view of the above, there is no basis for granting the relief requested in this case.

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)                                         AR20140011485





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140011485



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1