IN THE CASE OF:	  

		BOARD DATE:	  8 January 2015

		DOCKET NUMBER:  AR20140006914 


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 an exception to policy for payment of a $20,000 Selected Reserve Incentive Program (SRIP) enlistment bonus.

2.  The applicant provides his statement via a memorandum for record (MFR), subject:  Request for Exception to Policy to be Granted for Payment of the Active First Enlistment Bonus for [Applicant], dated 20 December 2012.  He states therein that he signed a 4-year Active First Bonus Annex on 18 April 2008 for the bonus amount of $40,000.  Upon completion of his 4-year Active First commitment he was told he would be required to transition back to the National Guard for an additional bonus amount of $20,000 and complete his time in a unit of the Indiana Army National Guard (INARNG).  He was told by the Military Entrance Processing Station National Guard Liaison and his National Guard Recruiter that once he transitioned into the INARNG he would be eligible for the additional $20,000 bonus payment.  He has completed his Active First requirement and he has also transitioned into the INARNG as he was advised to do.  He received the $40,000 portion of his Active First bonus while on active duty.  He has not received the additional $20,000 payment since transitioning into the INARNG.  After speaking with his Readiness Noncommissioned Officer (RNCO) he has been advised that he was not eligible to receive the additional $20,000 payment due him because of the policy that was in effect at the time of his initial enlistment.  He is therefore requesting an exception to policy for the remaining payment of the $20,000 Active First bonus based on signing a National Guard bonus annex for $20,000 on 18 April 2008 and a $40,000 Active First Program (AFP) Bonus annex of $40,000 the same day.

3.  The applicant provides:

* his MFR requesting an exception to policy to be granted payment of the Active First Enlistment Bonus
* his RNCO's MFR in support of the applicant's request for an exception to policy to be granted payment of the Active First Enlistment Bonus, dated 20 December 2012
* National Guard Bureau (NGB) denial of the request for exception to policy
* his RNCO's MFR in support of the applicant's request for an exception to policy to be granted payment of the Active First Enlistment Bonus, dated 21 August 2013
* NGB Memorandum, Subject:  ARNG "Active First" Enlistment Option Pilot Program, (NGB-ARH Policy Memorandum, Number 07-323), dated 7 October 2007

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4 (Enlistment/Reenlistment Document) shows that on 18 April 2008 the applicant enlisted in the INARNG for a period of 8 years.

2.  On 18 April 2008, he executed a DD Form 1966 (Record of Military Processing – Armed Forces of the United States) which shows he acknowledged the following incentives in Section IV (Certification), item 32 (Specific Options/Program Enlisted for):

* Active First $40,000 (48-month enlistment)
* Critical Skill Valid Vacancy - $20,000 (6 year)
* Non-Prior Service (NPS) Montgomery GI Bill Kicker - $200

3.  Section VI (Remarks Continuation) of his DD Form 1966 (page 4) shows:  "enlistment option:  48 month 'Active First'" and page 6 shows "Active First Control # 2008-1834."

4.  The Guard Annex (Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment), Section III (Explanation to Applicant) shows in paragraph 1, in pertinent part, that:

* he would serve in the ARNG from the time of his accession into the ARNG through completion of initial entry training (IET)
* he would transition into active duty in the Regular Army (RA) upon completion of IET and remain on active duty for 48 months
* upon separation from the RA, he agreed to serve in his Military Occupational Specialty (MOS) for the remainder of his military service obligation (MSO) in a Selected Reserve unit of the ARNG, unless he reenlisted in the RA
* he would receive a $40,000 enlistment bonus under this option, which he would receive after arrival at his first permanent duty station in the RA

5.  His National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 - NPS Enlistment Bonus Addendum ARNG of the United States) shows he acknowledged the following:

	a.  Section II (Eligibility), paragraphs 6 and 7 – he enlisted into a Critical Skill MOS 25U (Signal Support Systems Specialist) under the 6X2 or 8X0 enlistment option and he would receive an NPS critical skill bonus.

	b.  Section III (Payments) - he would receive a total bonus of $20,000.00, less taxes, with receipt of first payment of 50 percent of the total authorized amount upon completion of initial active duty training and award of his critical skill MOS; and receipt of the second and final payment of 50 percent of the total authorized amount on the 36th-month anniversary of his date of enlistment.

6.  A DD Form 368 (Request for Conditional Release), dated 11 September 2008, shows the applicant's recruiter initiated a request for his conditional release from the ARNG that was approved effective upon his date of graduation from advanced individual training.

7.  On 11 September 2008, he was discharged from the INARNG for enlistment in the RA under the Active First Enlistment Option.

8.  On 12 September 2008, he enlisted in the RA for a period of 4 years under the AFP.

9.  On 11 May 2012, he enlisted (to be effective upon his release from active duty in the RA) in the ARNG for 3 years, 7 months, and 6 days.  Annex A completed in connection with this enlistment shows in paragraph 3 that he acknowledged with his initials that he was not authorized an affiliation bonus.  It further contains the entry, "Active First, I will be required to serve in a unit of the ARNG or the Army Reserve for a period of 4 years" with his initials. 

10.  On 11 September 2012, he was honorably released from active duty after completing 4 years of service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that upon his release from active duty he was transferred to a unit in the INARNG.  The remarks block of this form shows he was paid an enlistment bonus of $40,000 in May 2009.
11.  On 5 June 2013, the Deputy G1, ARNG, denied a request for an exception to policy (ETP) for payment of a NPSEB to the applicant.  The reason given was that the applicant did not request release from the AFP prior to shipping to active duty.  The ARNG official further stated that although the applicant completed an NPSEB addendum at the time of initial enlistment with the ARNG, the NPSEB became invalid upon shipping to active duty as outlined in the Active First policy.  The applicant could not receive an NPSEB after completion of the Active Army term as he was classified as a prior service member.  In addition, there was no substantiating documentation to support an affiliation bonus being offered at the time of transitioning from active duty through the Reserve Component Career Counselor (RCCC).  Therefore the request could not be granted.

12.  On 21 August 2013, his RNCO completed an MFR providing the reasons he believes the applicant should be paid an additional $20,000 bonus.  He stated that the applicant's recruiter and the ARNG MEPS Liaison advised the applicant he would be paid a total of $60,000.

13.  On 24 April 2014, the NGB, Chief, Personnel Policy Division, provided an advisory opinion which stated:

	a.  That office recommended approval of the applicant's request to receive his NPSEB in the amount of $20,000.

	b.  The NGB Incentives Branch denied the request for ETP on 5 June 2013.

	c.  An email from NGB, Incentives Branch, dated 15 April 2014, states that under the AFP a Soldier does not complete any incentive agreement that constitutes a $20,000 incentive for release from active duty to the ARNG up front.  The Soldier is offered an affiliation bonus through the transition point with the RCCC, if eligible and the incentive is authorized under the SRIP at the time.  Unless there is an incentive addendum signed by the applicant and acknowledged by the ARNG for an affiliation bonus, there is no contractual agreement that can be paid in accordance with Department of Defense Instruction 1304.31, enclosure 3.

	d.  Per the memorandum from the applicant's RNCO, the applicant signed a 4-year year Active First Bonus on 18 April 2008 for the amount of $40,000.  Upon completion of the 4-year AFP commitment, he was required to transition back into the INARNG in order to receive an additional payment of $20,000.

	e.  The applicant's unit concurs with the recommendation.  The NGB Incentives Branch non-concurs based on the enclosed 15 April 2014 email.

14.  The advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not submit a response.

15.  The Department of the Army, Office of the Deputy Chief of Staff, G-1, Chief, Incentives and Budget Branch previously stated in an advisory opinion that:

	a.  The AFP was an ARNG initiative that first enlisted a recruit into the ARNG for 8 years, where the recruit would first serve 3 - 4 years in the Active Army, and return to the ARNG to complete the remainder of his or her contract after separation from the Army.

	b.  The recruit would sign a conventional contract with the ARNG with incentives based on his or her selected MOS and once the Soldier enters the Active Army, the ARNG incentives would become void.  The Soldier would receive a new set of incentives under the Active Army incentive programs.  Further, ARNG incentives are only paid if the Soldier serves out the full ARNG contract.  Once he or she enters active duty, his or her incentives are recomputed based on the Active Army incentives message that is in effect upon enlistment.

	c.  By statute, a Soldier can only receive bonuses for the period of service currently serving.  Therefore, the Soldier is only entitled to the incentives contracted for under that enlistment agreement.  Accordingly, the advisory opinion recommended denial of the request.

16.  An NGB, memorandum, subject:  ARNG "Active First" Enlistment Option Pilot Program (NGB-ARH Policy Memorandum, Number
07-33), dated 7 October 2007, authorized this program and established its general framework and governing policy that includes three phases.  The phases are IET as a member of the ARNG, active duty commitment, and ARNG service for the remainder of their 8-year MSO.

	a.  Paragraph 8a(6) states that an Active First enlistee may change their mind prior to shipping and remain in the ARNG, thus voiding the Active Army portion of their contract.  The Soldier is entitled to the ARNG SRIP if they elect to remain in the ARNG before they ship if they meet the requirements outlined as follows:

		(1) At the time of their enlistment in the ARNG, the enlistee contracts for a SRIP bonus for which they qualify under the SRIP policy in effect at time of enlistment.  The following statement will be placed on the SRIP contract:  "I understand that this contract is effective only if I elect, prior to my initial entry training shipping date, not to participate in the AFP and agree to remain in the ARNG for the remainder of my 8-year MSO in a drilling status".

		(2) The enlistee will initial the statement.

		(3) The SRIP contract will be sent to the State Incentive Manager and will be processed according to NGB-ARM guidance.

		(4) Once the Soldier ships, the Soldier is obligated to fulfill the Active First portion of their enlistment contract and all ARNG SRIP incentives are voided and any bonus control numbers voided.  If the Soldier fails to access into the Active Army for any reason after shipping, the Soldier will be contractually required to remain in the ARNG for the remainder of their eight year MSO and will not receive any ARNG enlistment bonus

	b.  Paragraph 8c(1) provides for Phase 3 of this program and presents the Soldier's options upon completion of the initial Active Army commitment.  It states, in accordance with the terms of the "Active First" Annex to the Soldier's enlistment contract, upon completion of his or her initial Active Army obligation, a Soldier may either reenlist in the Active Army or be released from active duty to transition to an ARNG unit.  At the transition point, the "Active First" Soldier must see the RCCC to select a unit of assignment and complete the necessary documents to enlist into the ARNG.  Upon arrival to the ARNG unit, Soldier will receive the "Active First" affiliation bonus as reflected in his/her contract and subject to applicable law and policy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the INARNG on 18 April 2008 for a period of 8 years under the AFP.  It appears the responsible individual failed to include on the applicant's SRIP agreement the statement "I understand that this contract is effective only if I elect, prior to my initial entry training shipping date, not to participate in the AFP and agree to remain in the ARNG for the remainder of my 8-year MSO in a drilling status."  However, upon his shipment to IET his $20,000 ARNG NPSEB was properly voided.  Moreover, it is understandable that once he was discharged from the ARNG he could not complete the 6X2 or 8X0 non-prior service ARNG obligation required by his contract to receive a $20,000 NPSEB.  He was therefore not entitled to a $20,000 ARNG enlistment bonus.

2.  On 11 September 2008, he was discharged from the ARNG to allow him to enlist in the RA under the AFP on 12 September 2008.  He served 4 years on active duty and was paid the $40,000 Active First bonus in accordance with his agreement.
3.  He acknowledged during his ARNG enlistment processing at the transition point that he was not receiving an affiliation bonus.  Therefore, there is no affiliation bonus to pay the applicant.  It is unfortunate that the applicant believes he should have received a $20,000 SRIP enlistment bonus; however, the incentive policy and his contract does not support granting such relief.

4.  Notwithstanding the NGB advisory opinion recommending approval of his request for an exception to policy, there appears to be no error or injustice in the applicant's record as it relates to any authorized bonuses.

5.  In view of the foregoing, the applicant is not entitled to the requested relief.

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)                                         AR20140006914



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ABCMR Record of Proceedings (cont)                                         AR20140006914



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