BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150000821
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, termination of recoupment of his non-prior service enlistment bonus (NPSEB) and payment of the second half of his NPSEB.
2. The applicant states that he enlisted in the Louisiana Army National Guard (LAARNG) for a Non-Prior-Service Enlistment Bonus (NPSEB) of $10,000 in return for training as a motor transport operator in military occupational specialty 88M. He goes on to state that he completed his training and received the first payment of $5,000. However, when the time came for him to receive the second payment, he instead received a letter stating that there were administrative irregularities in his bonus addendum and that his bonus was terminated and that recoupment action for the first payment would be initiated.
3. The applicant provides a list of documents submitted with his application on page six of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the LAARNG on 28 May 2009 for a period of 8 years, training as a motor transport operator (88M) and a NPSEB of $10,000. He completed his training at Fort Leonard Wood, Missouri and was returned to his LAARNG unit.
2. On 23 July 2013, the incentive manager of the LAARNG dispatched a memorandum to the applicant notifying the applicant that his bonus addendum contained administrative errors which required his bonus to be terminated.
3. The LAARNG submitted a request for an exception to policy on behalf of the applicant to the National Guard Bureau (NGB) on 25 July 2013 contending that the applicant was offered the bonus in good faith and withholding payment of the bonus would be contrary to the best interest of the LAARNG.
4. On 23 September 2013, the NGB denied the request for an exception to policy and directed that the bonus be terminated without recoupment.
5. On 31 March 2014, the NGB conducted a second review of his request for an exception to policy and directed that the applicants bonus be terminated with recoupment.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that recoupment action on his NPSEB debt should be terminated has been carefully considered and found to have merit.
2. The evidence of record shows that the applicant enlisted for a critical skill MOS and a $10,000 NPSEB and that he did everything he could to fulfill his contract and was serving successfully in the LAARNG which is evidenced by the support of his chain of command.
3. It is not reasonable to expect a new Soldier to know the intricacies of a critical skills enlistment contract or the process for completing such documents. However, it is expected that a Soldier new to the Army would follow the advice of his superiors and especially those personnel responsible for recruiting new Soldiers and empowered to offer the incentives.
4. It also appears that the applicant made every attempt to honor his contract and that the department made very little effort to ensure he maintained his NPSEB eligibility.
5. Therefore, as a matter of equity, his bonus should be reinstated, the recoupment action should be terminated and any funds recouped from him for the first half of his NPSEB be returned.
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 Department of the Army and National Guard records of the individual concerned be corrected by reinstating his NPSEB, terminating the recoupment action, returning any funds recouped from him and paying him the remainder of his NPSEB provided he is otherwise qualified.
_______ _ 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) AR20150000821
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000821
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130019702
The applicant requests, in effect, correction of his records to show he executed his enlistment and Bonus Addendum in the Puerto Rico Army National Guard (PRARNG) on the same date and payment of the second half of his Non-Prior Service Enlistment Bonus (NPSEB). The applicant indicated/acknowledged he understood: * upon his enlistment in the ARNG, he would be eligible for an enlistment bonus as indicated in the Selected Reserve Incentive Program (SRIP) * he was enlisting in a critical skill...
ARMY | BCMR | CY2014 | 20140021734
The applicant states when she enlisted in the ARNG she signed two contracts. The applicant enlisted in the VAARNG under the RFP enlistment option for 1 year on 10 August 2009. 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...
ARMY | BCMR | CY2014 | AR20140004957
The applicant requests relief from recoupment of his Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000. IDARNG, MFR, dated 8 September 2012, shows the Commander, Charlie Company, 116th BSTB, stated: a. IDARNG unit officials received an email from the G1, Education and Incentives, dated 21 August 2012, asking if the applicant had reenlisted within the 30-day limit after his return from the ING; b. after contacting the applicant, it was identified he did not sign an...
ARMY | BCMR | CY2014 | AR20140004957
The applicant requests relief from recoupment of his Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $10,000. IDARNG, MFR, dated 8 September 2012, shows the Commander, Charlie Company, 116th BSTB, stated: a. IDARNG unit officials received an email from the G1, Education and Incentives, dated 21 August 2012, asking if the applicant had reenlisted within the 30-day limit after his return from the ING; b. after contacting the applicant, it was identified he did not sign an...
ARMY | BCMR | CY2013 | 20130011511
The applicant requests, in effect, cancellation of any recoupment actions for the first installment payment of $10,000 minus taxes of a $20,000 Non-Prior Service Enlistment Bonus (NPSEB) he already received. His Annex E to DD Form 4 (Enlistment Bonus Addendum Army National Guard of the United States) confirms: * he enlisted for a critical skill MOS (15T) with authorization for a $20,000.00 bonus * he would receive the first bonus payment of 50 percent of the total authorized amount...
ARMY | BCMR | CY2013 | 20130002290
The applicant states he enlisted for a $10,000.00 bonus in 2009. The applicant's DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows he applied for enlistment in the ARNG of the United States and LAARNG for, in part, training in MOS 25B. Records show the applicant enlisted for an NPSEB for CS MOS 25B in the amount of $10,000.00.
ARMY | BCMR | CY2013 | 20130011903
(b) I understand that the AFQT score I receive from this AFCT will be counted as my final AFQT score of record, for which my continued eligibility will be determined. Eligibility for the NPSEB required a score of 31 or higher to receive the incentive. As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by: * showing the applicant was granted an ETP to accept the $20,000 NPSEB offered at the time of his...
ARMY | BCMR | CY2012 | 20120007760
The applicant states she enlisted in the Minnesota Army National Guard (MNARNG) on 15 January 2009 with an enlistment bonus. Based on this information the Bonus Addendum existed in iPERMS or another database in 2009. c. The second bonus payment is due and, unfortunately, the Bonus Addendum is missing from iPERMS. Her bonus addendum was obviously seen on 20 August 2009 in order for her BCN to be validated and for her to receive her first bonus payment.
ARMY | BCMR | CY2013 | 20130014110
The applicant requests correction of her military service records to show entitlement to a $10,000.00 Non-Prior Service Enlistment Bonus (NPSEB). Records show the applicant was processed for enlistment in the ARNGUS and DEARNG on 12 August 2009 for training in MOS 88M and a DD Form 4 was completed on that date. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: a. showing she was granted an...
ARMY | BCMR | CY2014 | 20140017103
She formally requested an ETP from the State Incentive Manager on 1 October 2012, wherein she requested relief from, and termination of, the levied recoupment action in the amount of $20,428.45 that resulted from the termination of her incentive entitlements. (8) Furthermore, had she executed a written agreement the bonus would have been terminated in accordance with Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph E3.l.8.2,...