BOARD DATE:	  29 October 2015

		DOCKET NUMBER:  AR20150001608 


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 correction of his records to show he is authorized to retain his Non-Prior Service Enlistment Bonus (NPSEB) offered at the time of his enlistment in the Missouri Army National Guard (MOARNG) on 25 August 2010.

2.  The applicant states:

	a.  When he enlisted in the MOARNG in 2010 he filled out a bonus enlistment contract for $5,000.00 (first installment due after completion of advanced individual training and second installment due at his 3-year anniversary).  When he completed advanced individual training, he did not receive his first installment of the bonus.  He was told he had to request an exception to policy (ETP) because his contract documents were not filled out correctly by the recruiter.  A corrected copy of his enlistment documents was submitted, his ETP was approved, and he received his first installment of the bonus.

	b.  He was due his second installment of the NPSEB in August 2013.  He contacted his unit and explained the situation.  He was told he needed to request another ETP.  The National Guard Bureau (NGB) denied his request to retain the NSPEB.

	c.  He believes this is unjust because the error was made by the Military Entrance Processing Station and his recruiter.  He has held up his end of the deal in his contract.  He has never been flagged for anything.  He did not receive his second installment of the NPSEB which was due on his third anniversary of enlistment (25 August 2013).

3.  The applicant provides:

* NPSEB Enlistment Bonus Addendum
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* ARNG Current Annual Statement
* MOARNG request for ETP
* NGB ETP denial letter

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MOARNG on 25 August 2010 for a period of 8 years.  His NPSEB Addendum shows he enlisted for military occupational specialty 12Y (geospatial engineer) and a bonus in the amount of $5,000.00.  The addendum states he would be paid the first bonus payment of 50 percent of the total authorized amount upon completion of initial active duty training and the second and final payment of 50 percent would be paid on the third-year anniversary of his date of enlistment.

2.  He was promoted to sergeant effective 17 December 2013.

3.  He provided a memorandum from the MOARNG to NGB, dated 14 January 2014, which states:

	a.  The applicant requests an ETP for his NPSEB in the amount of $5,000.00. 
He contracted for 6 years on 25 August 2010, for military occupational specialty 12Y, in the MOARNG.  He received $2,500.00 payment for this incentive.

	b.  Due to no fault of the applicant, the enlisting official failed to date his signature and the service representative did not sign or date the addendum.  The Education and Incentives Branch is requesting approval of the ETP.

4.  He also provided an ETP memorandum from NGB, dated 8 December 2014, which states:

	a.  The request for an ETP to retain the $5,000.00 NPSEB is denied.  The State Incentive Manager will terminate without recoupment.

	b.  The applicant's bonus control number (BCN) was requested after the date of enlistment which violates ARNG Selected Reserve Incentive Program (SRIP) Policy Number 10-01.

	c.  The applicant's contract/bonus addendum contains a missing signature from the service representative and signature dates from the service representative and enlisting official which violates ARNG SRIP Policy Number 10-01.

	d.  A review of the applicant's DD Form 4 and DD Form 1966 (Record of Military Processing – Armed Forces of the United States) do not support an incentive being offered at the time of agreement/contract.  The BCN was requested 1 day after the applicant enlisted with the MOARNG.  He continues to be a satisfactory participant with the MOARNG; therefore, relief from recoupment is granted.

	e.  The applicant accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract.  Therefore, withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army.

5.  Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), section 0201 (General Provisions), provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit.  If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit.  Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control.  Conditions under which repayment will not be sought are set forth in section 0202.

6.  Department of Defense Financial Management Regulation, volume 7A, chapter 2, section 0202 (Repayment and Non-repayment Conditions), provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control.  In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following:

* contrary to a personnel policy or management objective
* against equity and good conscience
* contrary to the best interest of the United States

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be paid the second installment of the NPSEB.

2.  The evidence confirms he enlisted in the MOARNG on 25 August 2010 for a period of 8 years for an NPSEB in the amount of $5,000.00.  He received the first installment ($2,500.00) according to the MOARNG.

3.  NGB states the applicant's NPSEB bonus was terminated because his BCN was requested after the date of his enlistment and his bonus addendum contains a missing signature from the service representative and signature dates from the service representative and enlisting official.  NGB also states withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army.

4.  It appears the applicant is being denied the NPSEB based on a missing signature and signature dates on his NPSEB addendum, not his eligibility.

5.  Notwithstanding the NGB memorandum denying him an ETP to retain the NPSEB and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records to show he requested and received approval for an ETP to retain the NPSEB and to pay him the full NPSEB in the amount of $5,000.00.


BOARD VOTE:

___X_____  ___X_____  ___X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:

	a.  showing he was granted an ETP to retain the NPSEB in the amount of $5,000.00 and

	b.  paying him any portion of the NPSEB not already paid up to the amount of $5,000.00.



      ___________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)                                         AR20150001608



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ABCMR Record of Proceedings (cont)                                         AR20150001608



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