IN THE CASE OF:	

		BOARD DATE:	  15 October 2015

		DOCKET NUMBER:  AR20140020728 


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, payment of his $20,000 Non-Prior Service Enlistment Bonus (NPSEB) that was executed on 7 March 2009 in the Oregon Army National Guard (ORARNG).

2.  The applicant states:

* he enlisted in the ORARNG on 7 March 2009 for military occupational specialty (MOS) 91B (Medical Specialist)
* at the time of his enlistment, MOS 91B was a critical MOS and offered a $20,000 lump sum bonus 
* he was processed by his recruiter and completed training; when he returned to his unit, he was told he would receive only $10,000
* his DD Form 1966/1 (Record of Military Processing) states "a critical Unit Identification Code (UIC) valid vacancy, $20,000 bonus"
* nowhere does it say or did he sign or initial stating he would accept a $10,000 bonus
* Annex E (NPSEB-ARNG) also states he would receive $20,000
* he has upheld his end of the contract but has not received the full payment
* he believes the Government should uphold its end of the contractual agreement 
* if the situation was reversed, he knows he would be required to pay the amount owed to the receiving party

3.  The applicant provides the following documents:
* DD Form 4 (Enlistment/Reenlistment Document)
* DD Form 1966 (Record of Military Processing)
* Annex E to DD Form 4 (Non-Prior Service Enlistment Bonus Addendum)
* A Guard Annex (Enlistment/Reenlistment Agreement - ARNG)

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 Army Board for Correction of Military Records (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's records show he enlisted in the ORARNG in the rank/grade of private/E-1 for a period of 8 years on 7 March 2009.  In connection with this enlistment he and his recruiter signed various allied documents as follows:

	a.  A DD Form 1966 shows in Section 32a (Specific Options/Programs Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees) he enlisted under the 6x2 option with a NPS Montgomery GI Bill Kicker; Critical UIC Valid Vacancy, $20,000 for 6 years; for training in MOS 91B.  Section VI (Remarks) shows the entry "I accept $10,000 Enlistment Bonus," but the applicant did not place his initials on the line.  Additionally, the remarks section shows he enlisted for assignment to F Company, 141st Brigade Support Battalion.  A bonus control number is handwritten in the remarks section.  

	b.  Annex E to his DD Form 4 shows he enlisted into a critical UIC under the 6x2 option and would receive a NPS Critical UIC Bonus in lump sum payment.  The payment would be a total of $20,000, less taxes, and he would receive this amount in one lump sum payment upon completion of all required training.   He and his recruiter authenticated this form with their signatures.  The annex contains bonus control number E09030032OR. 

3.  On 5 August 2009, he entered active duty for training (ADT).  He completed basic combat and advanced individual training and he was awarded MOS 91B.  He was released from ADT on 3 February 2010 to the control of his ARNG unit.

4.  On 25 February 2010, he was promoted to private/E-2 and on 4 April 2010, he was promoted to private first class/E-3, in MOS 91B, while assigned to F Company, 141st Brigade Support Battalion.  

5.  On 19 March 2010, the National Guard Bureau (NGB) denied his request for an exception to policy to receive the 6-year $20,000 NPSEB.  An NGB official stated: 

	a.  The applicant executed a bonus addendum for a $20,000 NPSEB in a critical UIC on 7 March 2009.  Section VI of his DD Form 1966/4 indicates $10,000.  In accordance with the ARNG Selected Reserve Incentives Program Guidance for Fiscal Year 2007, 2008, and 2009 (10 August 2007 to 30 September 2009) (Policy Number 07-06 with updates) he qualified for a $10,000 NPSEB for a Critical UIC.  In all fairness and good conscience, the applicant should receive the $10,000 NPSEB as long as all the eligibility criteria have been met. 

	b.  The Military Personnel Office should ensure that all elements responsible for counseling Soldiers on this issue are properly trained so that the guidance a service member receives is accurate and effective.  This will preclude this issue from negatively affecting Soldiers in the future. 

6.  On 6 September 2011, he was attached to D Company, 1st Battalion, 186th Infantry, ORARNG, for 1 year (extended for another year in September 2012) and on 13 September 2011, he was promoted to specialist/E-4 in MOS 91B.   He was released from attachment on 7 September 2013.

7.  On 4 February 2014, he was reassigned to the 1st Battalion, 186th Infantry, ORARNG, and on 11 February 2014, he extended his ARNG enlistment by 8 months. 

8.  On 18 June 2014, ORARNG published orders ordering him to active duty effective 20 July 2014 in support of Operation Enduring Freedom.  He subsequently deployed to and served in Afghanistan from 14 September 2014 to 8 June 2015. 

9.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment bonus contracts are valid only with bonus control numbers 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 bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant enlisted under the 6x2 enlistment option for a $20,000 NPSEB.  His recruiter annotated the 
DD Form 1966/4 portion of his enlistment contract or allied documents with a bonus control number.  He also signed Annex E that promised him a $20,000 bonus and the annex contains bonus control number E09030032OR. 

2.  He enlisted in good faith, followed the instructions of the subject matter experts that enlisted him, signed the addendum that he was told to sign, and he was issued a bonus control number.  He completed training in the MOS he contracted for and he continues to satisfy the contractual obligations he contracted for.  

3.  However, it is clear that an administrative error was committed here.  Section VI of his DD Form 1966/4 indicates the amount as $10,000. In accordance with the ARNG SRIP Guidance for Fiscal Year 2007, 2008, and 2009 (10 August 2007 to 30 September 2009) he qualified for a $10,000 NPSEB for a Critical UIC. As the NGB opined, in all fairness and good conscience, the applicant should receive the $10,000 NPSEB as long as all the eligibility criteria have been met.  As the evidence indicates payment of $10,000 has already been approved, no further relief is warranted.

4.  In view of the foregoing, there is insufficient evidence to support granting him the full $20,000 NPSEB incentive.  

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)                                         AR20140020728





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ABCMR Record of Proceedings (cont)                                         AR20140020728



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