IN THE CASE OF:	  

		BOARD DATE:	  27 October 2015

		DOCKET NUMBER:  AR20150008532 


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, correction of her records to show she is authorized an incentive bonus in the amount of $2,500.00 (first installment), in conjunction with enlistment in the Selected Reserve (SELRES) for military occupational specialty (MOS) 12C (Bridge Crewmember) and her completion of basic training and advanced individual training (AIT).    

2.  The applicant states:

a. A $5,000.00 incentive bonus agreement was signed on 23 August 2011 at
the beginning of her enlistment.  

b. The first half of the bonus was to be paid to her after the completion of 
basic training and AIT; however, she never received any portion of the bonus once she completed basic training and AIT.

c. The reasons she was denied her incentive bonus in the denial letter for
her exception to policy (ETP) request by the National Guard Bureau (NGB) were that she contracted with the Simultaneous Membership Program (SMP) through the Reserve Officer’s Training Corps (ROTC); however, the bonus addendum states “SELRES member who becomes simultaneous members of an authorized officer commission program to include those drawing a stipend will remain in the incentive program while in an advanced training status provided they continue to perform military duties as specified in the incentive agreement.”

d.  There was a period of a month between when she completed AIT on 
31 August 2012 and when she signed the SMP agreement on 
28 September 2012 in which the first half of the bonus could have been paid.

e. She served in the MOS 12C for which her bonus was contracted.

f. The missing “Signature of Witnessing Officer/Date” on her NGB Form 
600-7-1-R-E (Annex E to DD Form 4 Non-Prior Service Enlistment Bonus (NPSEB) Addendum Army National Guard of the United States) should not be her fault since it was out of her control as a new Soldier joining the Army.
 
3.  The applicant provides:

* NGB ETP denial letter dated 9 March 2015
* Orders 220-585 dated 7 August 2012
* NGB Form 600-7-1-R-E dated 23 August 2011

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 18 August 2011, the applicant enlisted in the Army National Guard (ARNG) Recruit Force Pool.  

3.  On 23 August 2011, she enlisted in the Texas ARNG for 7 years and 51 weeks.  She acknowledged, initialed and signed an NGB Form 600-7-1-R-E which states:

a. Section II (Eligibility)  -  “I am enlisting into an ARNG state [critical skill] for
MOS 12C10 and agree to serve no less than 6 years in a paid drill status.  I understand that I will receive the authorized amount of $5,000.00.” 

b. Section VIII (Termination) - “a.  SELRES member[s] who become 
simultaneous members of an authorized officer commissioning program to include those drawing a stipend will remain in the incentive program while in advanced training status provided they continue to perform military duties as specified in this incentive agreement.”

c.  Section IV (Incentive Amount and Payments), in paragraph 7 states:

* “First 50% installment will be process upon completion of Initial Active Duty Training (IADT) and verification of MOS qualification in the Standard Installation Division Personnel System (SIDPERS) for which I enlisted or upon sufficient training to be deployable”
* “The second and final 50% installment will be processed on the 3-year anniversary of my date of enlistment of a 6.2 or 8x0 enlistment option.”

4.  A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she entered IADT on 15 May 2012 and completed IADT on 31 August 2012.

5.  Orders 220-585, dated 7 August 2012 show she was awarded primary MOS 12C on 31 August 2012.

6.  On 28 September 2012, the applicant signed an NGB Form 594-1 (Annex B DD Form 4/DA Form 4836 ARNG SMP Agreement).  Section C (For Current ARNG Members Electing Participation in SMP) states:

a. “As a current ARNG member, my original enlistment/reenlistment agreement is to be held in abeyance in order that I may participate in the SMP.  As a participant in the SMP, I understand that –

* Upon acceptance into SMP, I am not eligible to continue in the ARNG Incentive Program.”   

7.  However, in the “Confirmation of SMP Agreement” section of the NGB Form 594-1, paragraph 6, the applicant only agreed to Sections A (Agreements) and
B (For All Direct SMP Enlistments/Reenlistments).

8.  On 16 May 2014, the applicant graduated from ROTC and was appointed as a second lieutenant (2LT) in MOS 42B (Human Resources Officer).

9.  The applicant submitted a request to the NGB for an ETP to receive the first installment of her incentive bonus of $2,500.00, since she met all the requirements.  However, on 9 March 2015, NGB denied her request, stating the applicant:

* entered into the SMP which violates ARNG SELRES Incentive Program (SRIP) 11-01
* is not serving in the MOS for which [she] contracted which violated ARNG SRIP 11-01
* entered into a ROTC/SMP Scholarship agreement prior to the completion of Initial Active Duty Training (IADT); therefore, NGB cannot approve the request

10.  DOD Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs.  It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.

DISCUSSION AND CONCLUSIONS:

1.  On 23 August 2011, the applicant enlisted in the ARNG for MOS 12C and agreed to serve no less than 6 years in a paid drill status.  

2.  On 31 August 2012, she completed her IADT, was awarded MOS 12C, and was eligible to receive her first installment for her incentive bonus for $2,500.00.

3.  However, she served less than one month in the SELRES, and entered into a SMP Agreement on 28 September 2012.  

4.  On 16 May 2014, she was appointed and took her oath of office as 2LT in the USAR.  

5.  The applicant’s record shows that the SRIP policy and the terms of the applicant's SELRES contract for an incentive bonus would be terminated without recoupment if she became a participant in the SMP/ROTC. 

6.  It appears that although the NGB denied the applicant’s ETP request based on three different reasons, the last one is incorrect.  The applicant did, in fact, complete IADT as required by her bonus addendum.

7.  It appears that administrative errors were committed in the processing of his her SELRES incentive bonus.   As a result of these errors, she has been deprived of an incentive for which she contracted.  
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 paying the applicant her first installment for her incentive bonus in the amount of $2,500.00 in accordance with the terms of her SELRES 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)                                         AR20110020282



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ABCMR Record of Proceedings (cont)                                         AR20150008532



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