IN THE CASE OF: BOARD DATE: 24 November 2015 DOCKET NUMBER: AR20150000337 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, reconsideration of his earlier request to correct his records to allow him to retain his Prior Service Enlistment Bonus (PSEB) and the Student Loan Repayment Program (SLRP) incentive offered at the time of his enlistment in the Puerto Rico Army National Guard (PRARNG) on 30 July 2008. 2. The applicant states: * he wants a manual control number assigned to his PSEB contract * the control number was not issued at the time of his enlistment * he wants to receive his PSEB 3. The applicant provides: * self-authored request for exception to policy memorandum * DA Form 1059 (Service School Academic Evaluation Report) * certificate of training * DA Form 1559 (Inspector General (IG) Action Request) * IG response * Manual control number request * PRARNG memoranda, dated 9 July 2014 and 1 October 2014 * National Guard Bureau (NGB) Form 600-7-6-R-E (PSEB Addendum) CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130005767 on 19 December 2013. 2. The applicant provided a DA Form 1559 which shows he submitted an IG action request in February 2014 for a manual control number for his PSEB and SLRP contracts. He also provided a memorandum from his company commander, dated 9 July 2014, and a memorandum from the PRARNG Education Service Officer, dated 1 October 2014, in support of his request. This documentation is new evidence that merits consideration by the Board at this time. 3. The applicant enlisted in the PRARNG on 22 January 1997 and he held military occupational specialty (MOS) 13B (Cannon Crewmember). He served in Kuwait from 24 December 2003 to 9 March 2004 and from 18 March 2004 to 29 May 2004. He was honorably released from active duty on 20 July 2004 to the control of the ARNG. 4. He was separated from the PRARNG on 21 January 2005. 5. On 30 July 2008, he again enlisted in the PRARNG for a period of 6 years. His PSEB Addendum shows he enlisted for MOS 21R (interior electrician) and a bonus in the amount of $15,000.00. The addendum states he would be paid the first bonus payment of 50 percent of the total authorized amount upon becoming MOS qualified and the second and final payment of 50 percent would be paid on the 36-month anniversary of his date of enlistment. The addendum is void of a bonus control number. 6. His NGB Form 600-7-5-R-E (SLRP Addendum) was completed on 30 July 2008. It shows he acknowledged he is a prior-service applicant enlisting for a 6-year term and he had one existing loan in the amount of $2,145.46. He also acknowledged the incentive would be terminated if he voluntarily transferred out of his contracted MOS or SLRP-eligible unit. The addendum is void of an SLRP control number. 7. He completed phase II of the Interior Electrician Course from 23 October 2009 to 6 November 2009. PRARNG Orders 351-500, dated 17 December 2009, awarded him primary MOS (PMOS) 21R. 8. He was promoted to sergeant/E-5 effective 16 February 2010. 9. PRARNG Orders 214-506, dated 1 August 2012, promoted him to staff sergeant/E-6, withdrew PMOS 21R, and awarded him PMOS 12H. 10. He completed phase II of MOS 12H (Construction Engineering Supervisor) from 13 to 28 March 2013. 11. In the processing of his original case in 2013, an advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1. The Army G-1 recommended granting the applicant full relief and receipt of both the PSEB and SLRP incentives as indicated on his bonus addenda. The Army G-1 representative added that a review of the applicant's case shows he was offered the PSEB and SLRP incentives for enlistment in a non-duty MOS qualification for MOS 21R. MOS 21R was not a critical skill for the PRARNG or NGB at the time of enlistment and the applicant should not have been offered the incentives. As a result of this administrative error, through no fault of his, he has not been paid for either incentive. 12. The applicant provided a DA Form 1559 showing he submitted an IG action request in February 2014 for a manual control number for his PSEB and SLRP contracts. On 5 March 2014, the Office of the IG responded and stated his records show he received a memorandum from the Deputy Assistant of the Army (Review Boards), dated 7 January 2014, informing him he could request reconsideration within 1 year of this memorandum if he could obtain statements of support from his chain of command, recruiting officials, and/or NGB showing they support his request for payment of the PSEB and the reasons for their support. 13. He provided a memorandum from his company commander, dated 9 July 2014, which states: a. The applicant is a member of his unit. He reviewed the applicant's personnel records and found no derogatory information which might reveal a lack of honesty or any other information that might compromise his integrity. b. The applicant has never failed to attend a battle assembly or annual training since August 2008, the date he was assigned to the unit. He travels over 80 miles every time the unit holds inactive duty training. He also gives rides to other Soldiers to avoid driving fatigue and prevent accidents. His medical records reveal no pre-existing medical conditions or possible disqualifying circumstances that might prevent him from performing his duties. c. He was informed the applicant is undergoing a difficult situation for payment of a reenlistment bonus he was entitled to receive after signing his agreement on 30 July 2008. He truly believes the applicant deserves to be vindicated as established in the bonus contract agreement. d. He vouches for the applicant's integrity of character, reliability, trustworthiness, and ability to withstand the pressures and influences which might arise to compromise the integrity of the PRARNG or the U.S. Army. e. He offers high recommendations for the applicant without reservation. The applicant is an enthusiastic and committed leader who helps others without the expectation of something in return. 14. He also provided a memorandum from the PRARNG Education Service Officer, dated 1 October 2014, which states: a. The applicant enlisted in the PRARNG on 30 July 2008 for a Selected Reserve Incentive Program bonus of $15,000.00. His NGB Form 600-7-6-R-E was entered manually and a bonus control number was never obtained. b. On 15 May 2013, the Incentives and Budget Branch of Enlisted Accessions Division, Department of the Army Office of the Deputy Chief of Staff, G-1, recommended granting the applicant full administrative relief and receipt of both the PSEB and SLRP as indicated on bonus addendums due to no fault of the Soldier. However, the ABCMR denied the applicant's request. c. The PRARNG cannot overrule the Department of the Army based on the ABCMR determination. 15. National Guard Regulation 600-7 (Selective Reserve Incentive Programs) paragraph 2-5, states enlistment bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 16. Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2, governs repayment of unearned portions of bonuses and other benefits. a. 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. b. 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 PSEB in the amount of $15,000.00 and be allowed to retain the SLRP. 2. He claims he was denied both his PSEB and the SLRP because a control number was not issued at the time of his enlistment. 3. The evidence confirms he enlisted in the PRARNG on 30 July 2008 for a PSEB in the amount of $15,000.00 and the SLRP. 4. The evidence shows: a. In 2013, the Army G-1 recommended granting the applicant full relief and receipt of both the PSEB and SLRP incentives as indicated on his bonus addenda. The Army G-1 representative added that a review of his case shows he was offered the PSEB and SLRP incentives for enlistment in a non-duty MOS qualification for MOS 21R. MOS 21R was not a critical skill for the PRARNG or NGB at the time of enlistment and the applicant should not have been offered the incentives. As a result of this administrative error, through no fault of his, he has not been paid for either incentive. b. Notwithstanding the favorable advisory opinion, in December 2013, the ABCMR denied the applicant's request for the PSEB and SLRP because he was not entitled to either option and he should not receive an incentive that was offered in error and is not otherwise offered to others. c. In January 2014, the Deputy Assistant Secretary of the Army (Review Boards) informed the applicant via memorandum that he could request reconsideration if he could obtain statements of support from his chain of command, recruiting officials, and/or the NGB showing they support his request for payment of the PSEB and the reasons for their support. d. Per the Deputy Assistant Secretary's memorandum, he provided a statement of support from his company commander, dated 9 July 2014. 5. Based on the foregoing evidence, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records and pay him the PSEB in the amount of $15,000.00 and allow him to retain the SLRP. 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 amendment of the ABCMR's decision in Docket Number AR20130005767, dated 19 December 2013. 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 exception to policy to allow him to retain the PSEB and SLRP offered on 30 July 2008, b. paying him the PSEB in the amount of $15,000.00, and c. allowing him to retain the SLRP as outlined in his NGB Form 600-7-5-R-E. _______ _ 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) AR20150000337 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000337 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1