BOARD DATE:	  9 April 2015

		DOCKET NUMBER:  AR20150003640 


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 entitled to a non-prior service enlistment bonus (NPSEB) of $10,000.

2.  The applicant states:

   a.  An error in his enlistment contract needs to be corrected.  Section B (Agreements) of his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) only lists Annex A (Enlistment/Reenlistment Agreement - Army National Guard (ARNG) Service Requirements and Methods of Fulfillment) and Annex K (The ARNG of the United States Montgomery GI-Bill Selective Reserve Kicker Incentive Addendum) and should have also listed Annex E (NPSEB Addendum - ARNG).  In addition, the Annex E that is filed in his Official Military Personnel File (OMPF) was executed incorrectly by the Military Entrance Processing Station (MEPS) personnel and does not have the signature of the service representative on it. 
   
   b.  Upon his enlistment in the ARNG on 11 March 2009, he was offered an enlistment bonus of $10,000.  He signed his DD Form 4, NPSEB Addendum, and all the documents in good faith.  He was issued a valid bonus control number (BCN) and received the first bonus installment payment of $5,000.  He completed one station unit training (OSUT) and subsequently deployed to Afghanistan in support of Operation Enduring Freedom (OEF).  He then learned that his bonus was terminated with recoupment.
   
   c.  His command attempted to correct this by requesting an exception to policy (ETP) but the request was denied by National Guard Bureau (NGB).  He would like his records corrected to show he is entitled to the bonus so he can stop the recoupment.  The recoupment is causing undue financial hardship and should not be occurring because he was offered the incentive at the time he enlisted.  This whole ordeal is the primary motivating factor behind his decision not to reenlist in the ARNG.

3.  The applicant provides two memoranda, DD Form 4, DD Form 1966 (Record of Military Processing - Armed Forces of the United States), Annex A and Annex K to DD Form 4, and his NPSEB Addendum.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Mississippi ARNG (MSARNG) on 11 March 2009 for a period of 8  years in military occupational specialty (MOS) 19K (M1 Abrams Armor Crewmember) and assignment to the 155th Infantry Battalion, St Louis, MS.  He agreed to serve in a troop program unit for 6 years and as a member of the Individual Ready Reserve (IRR) for an additional 2 years. 

2.  He provides and his OMPF contains an NPSEB Addendum wherein it shows:

* he was an NPS enlistee and was enlisting into critical MOS 19K to serve for no less than 6 years in a paid drill status for a bonus of $10,000
* he understood he would forfeit 50 percent (%) of the total bonus if he did not ship on the scheduled date of 10 June 2009
* he understood that if he failed to become fully qualified in an Army MOS within 24 months of his enlistment the incentive would terminate without payment
* the first 50% installment would be processed when he was awarded the MOS, the second 20% would be processed on the 3rd year anniversary of his enlistment, and the final 30% would be processed on the 6th year anniversary of his enlistment

3.  The NPSEB Addendum was signed by the applicant and dated 11 March 2009.  The enlisting official signed the addendum but did not place the date next to his signature.  The addendum was not signed by the service representative but it does contain a BCN.

4.  The applicant entered active duty for training (ADT) on 9 June 2009.  He completed basic combat training and advanced individual training and he was awarded MOS 19K.  He was released from ADT on 2 October 2009 to the control of the MSARNG. 
5.  The applicant provides a memorandum to the NGB, dated 13 April 2012, wherein Colonel (COL) KBG, Deputy Chief of Staff, Personnel, MSARNG, requested an ETP for the applicant to retain the NPSEB.  COL KBG stated the applicant acted in good faith when he signed his bonus addendum and was unaware that it was improperly processed without the date of the enlisting official's signature or the service representative's signature/date.  The action was requested to authorize payment of his NPSEB.

6.  He also provides a memorandum, dated 7 June 2012, wherein the NGB denied the ETP request for the applicant to retain the NPSEB offered at the time of his enlistment on 11 March 2009 directed the State Incentive Manager to terminate the incentive with recoupment.  The NGB official stated, in part:

	a.  In accordance with ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06 with updates effective 1 March 2009 - 15 June 2010, eligible applicants were offered the NPSEB.  The applicant enlisted in the MSARNG on 11 March 2009 for the NPSEB in critical skill MOS 19K.

	b.  The enlisting official and service representative failed to sign and date the addendum and the incentive was not annotated on his DD Form 4 and DD Form 1966.  As such, the incentive cannot be validated as having been offered at the time of the enlistment and must be terminated with recoupment.

	c.  The applicant may file a claim with the Army Board for Correction of Military Records if he believed an error or injustice still existed.

7.  He was ordered to active duty as a member of his ARNG unit in support of OEF and he entered active duty on 12 July 2012.  He was promoted to the rank/grade of sergeant (SGT)/E-5 on 8 March 2013.

8.  He was honorably released from active duty on 22 June 2013 in the rank of SGT to the control of the MSARNG.  He completed 11 months and 11 days of creditable active service during this period of service.

9.  The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued for this period of service shows he served in Kyrgyzstan/Afghanistan from 21 August 2012 to 19 May 3013.  His DD Form 214, in part, shows award of the Combat Action Badge.

10.  Order 078-844, dated 19 March 2015, issued by Joint Force Headquarters, MSARNG, honorably discharged the applicant from the ARNG effective 10 March 2015 by reason of completion of a 6-year Ready Reserve obligation and transferred him to the U.S. Army Control Group.  This order states:  SRIP - Yes, Termination - Yes, Recoupment - No, Termination Date - 11 March 2009.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his records should be corrected to show he was entitled to a $10,000 NPSEB upon his enlistment in the MSARNG on 11 March 2009.

2.  The evidence of record confirms that at the time of the applicant's enlistment in the MSARNG he was eligible for the NPSEB of $10,000 for enlisting in the critical skill of 19K. 

3.  His record contains an NPSEB Addendum he signed on 11 March 2009 wherein he agreed to serve in MOS 19K for a period of 6 years for a bonus of $10,000.  However, it appears errors occurred on the part of recruiting officials in the processing of the addendum as the enlisting official signed the addendum but did not place the date next to his signature.  In addition, although the addendum contains a BCN, it was not signed or dated by the service representative and was not listed on the applicant's DD Form 4 or DD Form 1966.

4.  What is clear is that the applicant acted in good faith and fulfilled his obligation to the ARNG.  He entered ADT on 9 June 2009, completed training and was awarded MOS 19K, and served honorably with his MSARNG unit for 6 years including a deployment to Afghanistan.  He should not be penalized for errors committed by recruiting officials that were beyond his control and should be granted full relief.

5.  In view of the foregoing, the applicant's record should be corrected as recommended below.

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

* amending his NPSEB Addendum to show the applicant, enlisting official, and service representative all signed and dated the addendum on 11 March 2009 and it contained a valid BCN
* showing he was eligible for payment of the bonus in accordance with the terms of his enlistment contract as a result of this correction
* auditing his records and paying him the $10,000 bonus minus any monies he has already been paid 



      __________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)                                         AR20150003640





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ABCMR Record of Proceedings (cont)                                         AR20150003640



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