BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150004111 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 her records to shows she is authorized a non-prior service enlistment bonus (NPSEB) in the amount of $20,000. 2. The applicant states: a. On 11 December 2006, she enlisted in the Wisconsin Army National Guard (WIARNG) while she was a junior in high school under the Split Training Option. She attended all the required schools that were reserved for her and had no control of when those dates were. She attended basic combat training (BCT) from 14 June through 25 August 2007 and graduated from high school on 1 June 2008. She then attended and completed the military occupational specialty (MOS) 88M (Motor Transport Operator) advanced individual training (AIT) course from 7 November 2008 through 15 January 2009. This followed the training path that was given to her and resulted in her becoming MOS qualified (MOSQ) 2 years, 1 month, and 4 days after the date of her enlistment. b. She did transfer out of the MOS she contracted for on 1 June 2010. However, it was MOS 00F (MOS Immaterial) where 88M was a feeder MOS required for that position. Under the guidance from her leadership in the Recruiting and Retention Battalion, she was hired for Full Time National Guard Duty (FTNGD) as a field recruiter. She did transfer into the Recruiting and Retention Battalion which is a Table of Distribution and Allowances (TDA) unit but was unaware this violated her contract. c. She did not request or have knowledge that her bonus control number (BCN) was requested prior to her enlistment date especially considering that her Annex A (Enlistment/Reenlistment Agreement - ARNG Service Requirements and Methods of Fulfillment) and her DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) are dated 11 December 2006; the date she enlisted. 3. The applicant provides three DD Forms 214 (Certificate of Release or Discharge from Active Duty), DD Form 220 (Active Duty Report), an Army Training Request and Reservation System (ATRRS) printout, high school diploma, and a printout titled Soldier Assignment History. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the WIARNG on 11 December 2006 for a period of 6 years when she was 17 years of age and a junior in high school. Her expiration of term of service (ETS) was 10 December 2012. 2. Her record contains an Annex E to DD Form 4 (NPSEB Addendum - ARNG) wherein it shows: * she was an NPS enlistee and was enlisting for a bonus of $20,000 * she was enlisting under the Split Training Option and would graduate high school prior to initial active duty for training (IADT) or Phase II of IADT * she was not enlisting to gain employment in a military technician position or to gain employment in an Active Guard/Reserve (AGR) position * she was enlisting into the 1157th Transportation Company, Unit Identification Code (UIC) WQS2HD, Oshkosh, WI, to serve at least 6 years in paid drill status * she was enlisting into critical MOS 88M * she would receive her first bonus payment of 50 percent (%) when she completed IADT and was awarded the MOS she was enlisting for * the second and final 50% installment would be paid on the 36-month anniversary of her enlistment [December 2009] 3. The NPSEB Addendum also showed she agreed to and understood that the bonus would be terminated: * without recoupment if she accepted a military technician or AGR position and on the effective date of her orders had served at least 6 months of the incentive contract term * with recoupment if she accepted a military technician position or AGR position and had not served at least 6 months of the incentive contract tem * with recoupment if she voluntarily transferred into a noncritical MOS or transferred from the unit for which the bonus was awarded; recoupment would be calculated from the date of transfer * with recoupment if she did not become MOSQ or awarded the MOS required for her position within 36 months of transfer due to unit inactivation, reorganization, or relocation 4. The NPSEB Addendum was signed by the applicant and the service representative on 11 December 2006 and contains a BCN. 5. She entered Phase I of IADT on 14 June 2007, completed BCT, and was released from IADT on 25 August 2007. The DD Form 220 she was issued shows she completed 2 months and 12 days of creditable active service during this period of service. She was promoted to the rank/grade private first class/E-3 on 14 April 2008 and graduated from high school on 1 Jun 2008 6. She entered Phase II of IADT on 7 November 2008, completed AIT, and was awarded MOS 88M effective 15 January 2009. She was honorably released from IADT on 15 January 2009 to the control of the WIARNG. The DD Form 214 she was issued shows she completed 2 months and 9 days of creditable active service during this period of service. She was promoted to the rank/grade of specialist (SPC)/E-4 on 14 June 2009. 7. She was ordered to active duty as a member of the 1157th Transportation Company, 64th Troop Command, for FTNGD and ADT and entered active duty on 21 December 2009. She completed the 2-week Warrior Leader Course in May 2010. 8. Orders 166-1013, dated 15 June 2010, issued by the Joint Force Headquarters WI (JFHWI), released her from the 1157th Transportation Company and transferred her to the Recruiting and Retention Command, Madison, WI, effective 1 June 2010. These orders show: * "Selected Reserve Incentive Program (SRIP): Yes, Termination: No" * assignment reason was "In accordance with State laws or regulations" * MOS: "00F" 9. She was promoted to the rank/grade of sergeant (SGT)/E-5 on 14 July 2010, and attended the 2-week Recruit Sustainment Program (RSP) Cadre Course in November 2010. 10. Her record contains: a. A DA Form 2166-8 (NCO Evaluation Report (NCOER)) she received in September 2011, covering 6 months of rated time from 14 July through 31 December 2010 for her duties as the Recruiting and Retention NCO, Recruiting and Retention Battalion, in DMOS 00F. b. A DA Form 2166-8 NCOER she received in October 2011, covering 9 months of rated time from 1 January through 30 September 2011 for her duties as the Recruiting and Retention NCO, Recruiting and Retention Battalion, in DMOS 00F. 11. She was honorably released from active duty on 30 September 2011 to the control of the WIARNG. The DD Form 214 she was issued shows she completed 1 year, 9 months, and 10 days of creditable active service during this period. Her DD Form 214 shows her MOS as 88M, her last unit of assignment as the 1157th Transportation Company, and the unit she was transferred to as the 1157th Transportation Company. 12. Her record contains: a. Orders 276-1014, dated 3 October 2011, issued by JFHWI, releasing her from the Recruiting and Retention Battalion and transferring her to the 1157th Transportation Company, effective 3 October 2011. These orders show "SRIP: No" and assignment reason was "In accordance with State laws or regulations." b. DA Form 4836 (Oath of Extension or Enlistment or Reenlistment), dated 18 October 2011, wherein it shows she extended her enlistment for 1 year on that date and her new ETS was 10 December 2013. Her unit of assignment is shown as the 1157th Transportation Company. 13. She was ordered to active duty as a member of her ARNG unit in support of Operation Enduring Freedom and entered active duty on 11 February 2012. 14. Orders 094-1012, dated 3 April 2012, issued by JFHWI, released her from the 1157th Transportation Company and transferred her to the Recruiting and Retention Battalion, effective 3 April 2012. These orders show "SRIP: No" and assignment reason was "Reduction in authorized strength." 15. She served in Afghanistan with the 1157th Transportation Company from 14 April 2012 to 7 January 2013. Her record contains: a. A DA Form 2166-8 she received in October 2012, covering 12 months of rated time from 1 October 2011 through 29 September 2012 for her duties as a Truck Commander, 1157th Transportation Company, Afghanistan, in DMOS 88M. b. A DA Form 2166-8 she received in January 2013, covering 3 months of rated time from 29 September 2012 through 10 January 2013 for her duties as a Truck Commander, 1157th Transportation Company, Afghanistan, in DMOS 88M. 16. She was honorably released from active duty on 12 February 2013 to the control of the WIARNG. The DD Form 214 she was issued shows she completed 1 year and 2 days of creditable active service during this period, of which 8 months and 26 days was foreign service in Afghanistan. Her DD Form 214 shows her MOS as 88M, her last unit of assignment as the 1157th Transportation Company, and the unit she was transferred to as the 1157th Transportation Company. 17. She was promoted to the rank/grade of staff sergeant (SSG)/E-6 on 24 June 2013. 18. Her record contains a memorandum to the WIARNG, dated 5 January 2015, wherein the National Guard Bureau (NGB) denied the ETP request for the applicant to retain the NPSEB offered at the time of her enlistment on 11 December 2006 and directed the State Incentive Manager to terminate the incentive with recoupment effective the date of enlistment. The NGB official stated, in part: a. Reference ARNG SRIP Guidance for Fiscal Year 2007 (FY07), Policy Number 07-01 effective 1 October 2006. b. The applicant did not complete MOS training within 24 months which violated Title 10, U.S. Code, section 10105. She transferred out of the MOS contracted for and transferred into an unauthorized TDA which violated ARNG SRIP 07-01. c. The applicant's BCN was requested prior to the date of enlistment which violated ARNG SRIP 07-01. She enlisted for UIC WQS2HD and MOS 88M; her current MOS was 00F. d. The applicant could file a claim with the Army Board for Correction of Military Records if she believed an error or injustice still existed. DISCUSSION AND CONCLUSIONS: 1. The evidence of record confirms that at the time of the applicant's enlistment in the WIARNG she was 17 years old, a junior in high school, and enlisted under the Split Training Option. 2. Her record contains an NPSEB Addendum she and the service representative signed on 11 December 2006, with a BCN, wherein she agreed to serve in critical MOS 88M and assignment to the 1157th Transportation Company for a period of 6 years for a bonus of $20,000. She was subsequently assigned to the 1157th Transportation Company, completed BCT in 2007, graduated high school in June 2008, and completed AIT in January 2009. 3. Although she was awarded MOS 88M just over 25 months after her initial enlistment, this was through no fault of her own. Under the Split Training Option, she was not eligible to attend AIT until after she graduated from high school on 14 June 2008; this was already 18 months and 4 days after her initial enlistment. In addition, she would not have had any control over the dates she was scheduled for AIT and had to rely on her ARNG unit to ensure she attended AIT as required. 4. She was ordered to FTNGD on 21 December 2009 while still assigned to the 1157th Transportation Company. Orders were issued by WIARNG on 15 June 2010 that transferred her to the Recruiting and Retention Command in DMOS 00F, effective 1 June 2010. These orders indicated she did have the SRIP and it was not terminated, and the assignment was in accordance with State laws/regulations. 5. Commanders are responsible for ensuring Soldier's serving under the SRIP are properly assigned/utilized and should not have allowed her to be reassigned outside her unit and MOS. 6. Her record shows she served in the Retention and Recruiting Battalion in DMOS 00F, from 14 July 2010 to 30 September 2011 (1 year, 2 months, and 17 days) and was transferred back to the 1157th Transportation Company on 1 October 2011 in DMOS 88M. 7. In addition, she served on active duty from 11 February 2012 to 12 February 2013 while assigned to the 1157th Transportation Company in DMOS 88M. It is unclear why orders were issued by the WIARNG that transferred her to the Recruiting and Retention Battalion on 3 April 2012, as the evidence of record confirms she served in Afghanistan from 14 April 2012 to 7 January 2013 with the 1157th Transportation Company in DMOS 88M. 8. What is clear is that the applicant acted in good faith and fulfilled her obligation to the ARNG. She enlisted on 11 December 2006, completed BCT and AIT, and was awarded MOS 88M. She has served honorably with her WIARNG unit for over 6 years, including a deployment to Afghanistan, and continues to serve today. She should not be penalized for errors made by recruiting officials or decisions made by her ARNG unit and should be granted full relief. 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 her NPSEB Addendum to show the applicant, enlisting official, and service representative all signed and dated the addendum on 11 December 2006 and it contained a valid BCN * showing she was granted an exception to policy and was eligible for payment of the bonus in accordance with the terms of her enlistment contract as a result of this correction * auditing her records and paying her the $20,000 bonus minus any monies she 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) AR20150004111 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004111 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1