IN THE CASE OF:	   

		BOARD DATE:	  24 March 2015

		DOCKET NUMBER:  AR20140021734 


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, the request for exception to policy to retain the $10,000 Non-Prior Service Enlistment Bonus (NPSEB) in the Virginia Army National Guard (VAARNG) was approved by the National Guard Bureau (NGB). 

2.  The applicant states when she enlisted in the ARNG she signed two contracts.  The first contract was for one year because she was put into the Recruit Force Pool (RFP).  Upon signing the first contract, she also signed for all of her incentives to include the Student Loan Repayment Program (SLRP), Montgomery GI Bill (MGIB), the GI Bill Kicker, and the Enlistment Bonus (EB).  When she returned to the Military Entrance Processing Station (MEPS), she was informed by her recruiter that the contract was incorrect.  She re-signed the contract but without the incentives.  She was never told or directed by personnel at the MEPS that she had to re-sign her incentives.  She already received the first half of the bonus along with the other incentives.  She has not received the second half of the bonus.  She believes she is entitled to the second half of the bonus.  She is also entitled to not have the first half recouped.   

3.  The applicant provides:

* Exception to  policy request and NGB denial of exception to policy
* NGB Form 22B (ARNG Recruit Force Pool Report)
* DD Form 4 (Enlistment/Reenlistment Document), dated 10 August 2009 and 22 February 2010
* Annex E (NPSEB Addendum, ARNG) to DD Form 4
* MGIB Kicker Addendum
* DA Form 5435 (Statement of Understanding)
* Annex L (Enlisted Loan Repayment Program Addendum) to DD Form 4
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the VAARNG under the RFP enlistment option for 1 year on 10 August 2009.  The RFP is an ARNG enlistment option.

	a.  Applicants who are eligible for enlistment but cannot ship to their initial active duty for training (IADT) for more than 120 days after becoming eligible to enlist in the ARNG will contract in the Inactive National Guard and are assigned to the RFP of the Recruiting and Retention Command.  

	b.  Applicants enlisting in the RFP will enlist for a 1-year (1x0) enlistment contract that is accomplished in two phases.  Phase I is inactive and Phase II is active.  Applicants enlist in the active ARNG 120 days prior to entry into IADT.

2.  In connection with this enlistment, the applicant completed a DA Form 5435, on 10 August 2009, that outlined her obligation and eligibility requirements for entitlement under the Selected Reserve MGIB and bonus program. 

3.  The applicant's NGB Form 22B shows she remained in the RFP from 10 August 2009 through 21 February 2010, a period of 6 months and 12 days that would be applied to her 8-year military service obligation.  She was released from the RFP for enlistment in the Selected Reserve.

4.  She enlisted in the active VAARNG for a period of 7 years and 21 weeks on 22 February 2010.  She enlisted for military occupational specialty (MOS) 88M (Motor Transport Operator) and assignment to the 1173rd Transportation Company.  She agreed to remain in the ARNG as a satisfactory participant for 6 years. 

5.  On 2 June 2010, she executed, in addition to the MGIB Selected Reserve Kicker Incentive Addendum and the SLRP Addendum, Annex E (NPSEB) to DD Form 4.  She indicated she understood that:

* she was enlisting in the ARNG into the critical unit identification code/skill 88M to serve no less than 6 years in a paid drill status for $10,000
* she will receive a total bonus of $10,000 for the enlistment bonus option selected 
* she will forfeit 50 percent of the bonus if she does not ship on the original scheduled IADT date (2 June 2010)
* if she does not become fully qualified in her MOS within 24 months of her enlistment the incentive will terminate without payment 
* her bonus would be paid in three installments, 50 percent upon completion of IADT, 20 percent on the third anniversary and 30 percent on the sixth anniversary 
* she would not receive payment until all requirements are met and her qualification has been verified by the State Incentive Manager 

6.  This Addendum was assigned Bonus Control Number E1006XXXXVA.  The applicant, her enlisting official, and a service representative authenticated this Addendum with their signatures.

7.  She entered ADT on 1 June 2010 and completed basic combat training through 13 August 2010.  She was issued a DD Form 220 (Active Duty Report) that captured this period of active duty. 

8.  She entered ADT on 1 June 2011 and completed the required MOS training.  She was honorably released from active duty on 12 August 2011 and returned to the control of the ARNG.  She was awarded MOS 88M effective 22 August 2011.

9.  She entered active duty on 1 April 2013 and served in Afghanistan from 21 May 2013 to 15 February 2014.  She was promoted to sergeant on 7 June 2013.  She was honorably released from active duty on 23 March 2014. 

10.  On 15 January 2014, she submitted through the VAARNG an exception to policy request regarding the bonus.  Her battalion commander stated that due to the bonus addendum being signed after the date of enlistment, the bonus is being withheld.  Before she shipped to basic training, an error was discovered with her contract.  She was asked to sign a new contract to correct the issue.  She was unaware of the ramifications caused by this action and has otherwise fulfilled all of her duty obligations.  

11.  On 4 December 2014, the NGB denied her request for an exception to policy and ordered the State Incentives Manager to terminate the incentive with recoupment effective the date of the contract.  The NGB official stated: 

* the applicant's contract/bonus addendum was signed after the enlistment which violates the ARNG Selected Reserve Incentive Program (SRIP)    07-06, dated 1 March 2009
* she failed to initial all required statements on the addendum which also violates the ARNG SRIP
* her DD Form 4 and DD Form 1966 (Record of Military Processing) do not support an incentive being offered at the time of enlistment
* the bonus control number and signatures on the addendum are after the date of enlistment  

DISCUSSION AND CONCLUSIONS:

1.  The applicant executed an initial 1-year enlistment in the VAARNG under the RFP enlistment option.  She returned to the MEPS on 22 February 2010 and executed an enlistment contract in the VAARNG for a period of 7 years and 21 weeks.  She enlisted for MOS 88M and assignment to the 1173rd Transportation Company.  She agreed to remain in the ARNG as a satisfactory participant for 6 years. 

2.  She returned to the MEPS again on 2 June 2010 and she signed three addendums, including Annex E (NPSEB) in connection with this enlistment.  This Annex was signed by her, her enlisting official, and a service representative.  It was issued a bonus control number by the State Incentives Manager and/or the NGB and she received the first half of her bonus.

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

4.  It is clear that administrative errors were committed in the processing of her enlistment.  It is equally clear as a result of this improper guidance she is being denied a hard-earned incentive.  She should not be penalized for an action that was not her fault.  Therefore, as a matter of equity, she should receive full administrative relief for payment of her non-prior service enlistment bonus in accordance with regulatory guidance. 

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

* amending Annex E (Non-prior Service Enlistment Bonus) Addendum to show it was executed on 22 February 2010
* stopping any recoupment action of her non-prior service enlistment bonus 
* paying the total amount of her non-prior service enlistment bonus in accordance with her contract subject to the threshold amount listed on this 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)                                         AR20140021734





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ABCMR Record of Proceedings (cont)                                         AR20140021734



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