BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003932 BOARD VOTE: ____x_____ ___x____ ___x_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003932 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 Army National Guard records of the individual concerned be corrected by showing an exception to policy was approved authorizing him to retain his Non-Prior Service Enlistment Bonus. ______________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. BOARD DATE: 12 October 2017 DOCKET NUMBER: AR20160003932 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 military service records to show entitlement to a $2,500 Non-Prior Service Enlistment Bonus (NPSEB). 2. The applicant states he signed his enlistment agreement on 30 March 2012 to enlist in critical skill (CS) military occupational specialty (MOS) 68K (Medical Laboratory Specialist). However, he was unable to sign the NPSEB Addendum because of technical difficulties with the recruiting computer system and the 2-hour time zone difference between the Military Entrance Processing Station (MEPS) and the Request Operations Center (ROC). The issue was not resolved until the following day. On 2 April 2012, he returned to the MEPS and signed the NPSEB Addendum. He states MOS 68K was still identified as a CS MOS and he was eligible for the bonus. He has fulfilled every requirement for the NSPEB, but the Army National Guard (ARNG) has denied his request for payment of the bonus as an exception to policy (ETP). 3. The applicant provides copies of his: * NPSEB Addendum * MOS orders * Request for an ETP for payment of an NPSEB and the ARNG’s decision CONSIDERATION OF EVIDENCE: 1. A review of the applicant's military personnel records show the following pertinent documents were prepared on 30 March 2012: a. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States) was prepared by the Army recruiter to determine the applicant's eligibility for enlistment. It shows, in pertinent part, in Section IV (Certification): * item 32 (Specific Option/Program Enlisted for, Military Skill, or Assignment to a Geographical Area Guarantees), shows he was enlisting for 6 years (active) x 2 years (inactive) with assignment to 197th Special Troops (WP40AA), South Ogden, UT, and MOS 68K1O, ARNG Standard Training Program * the applicant and the recruiter signed this form on 30 March 2012 b. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) and Guard Annex (Enlistment/Reenlistment Agreement ARNG Service Requirements and Methods of Fulfillment) show he enlisted in the ARNG of the United States (ARNGUS) for a period of 8 years and in the UTARNG for a period of 6 years on 30 March 2012. Section IV (Acknowledgement) of the Guard Annex shows he enlisted for 197th Special Troops, South Ogden, UT; MOS 68K and he would report to the MEPS on 9 October 2012 for basic training. * the applicant, recruiter, and enlisting officer signed the DD Form 4 * the applicant and recruiter signed the Guard Annex 2. A further review of the applicant's military personnel records show the following pertinent documents were prepared on 2 April 2012: a. A DD Form 1966 that shows, in pertinent part, in Section IV: * item 32, he was enlisting for 6 years (active) x 2 years (inactive) with assignment to 197th Special Troops (WP40AA), South Ogden, UT; $2,500 NPSEB for MOS 68K1O, ARNG Standard Training Program; and NPS Montgomery GI Bill Kicker $200 * the applicant and the recruiter signed this form on 2 April 2012 b. An NGB Form 600-7-1-R-E (Annex E to DD Form 4 – NPS Critical Paragraph/Line Number MOS Enlistment Bonus Decentralized State Incentive Pilot Program Addendum ARNGUS) shows the applicant enlisted in the UTARNG for a period of 6 years for an NPSEB in the amount of $2,500 for MOS 68K1O and the 197th Special Troops. It also shows a Reservation Transaction Identification (RTID) Number and Bonus Control Number (BCN) of "3803651." Section X (Certification) and the applicant, the recruiter, and Senior Guidance Counsel (MEPS, Salt Lake City, UT) signed the addendum. c. An MGIB-K (ARNGUS MGIB Selective Reserve (SR) Kicker Incentive Addendum) shows the applicant enlisted in the UTARNG for a period of 6 years for the MGIB-SR Kicker Incentive rate of $200. It also shows he was enlisting for MOS 68K1O and 197th Special Troops and a RTID of "3803651." The applicant and the recruiter signed the addendum. 3. A review of the 2012 calendar shows 30 March 2012 fell on a Friday and 2 April 2012 fell on a Monday in 2012. 4. A UTARNG, Recruiting and Retention Battalion, Draper, UT, memorandum, dated 11 April 2012, shows the commander requested an ETP for the applicant's MGIB Kicker Addendum being dated four (4) days after his enlistment, thereby requiring him to be enlisted in the Recruit Force Pool rather than the Recruit Sustainment Program (RSP). It shows the MEPS guidance counselor attempted to telephone the ROC (on 30 March 2012) for an override of the system, but due to the time zone difference (2 hours), he was unable to contact anyone at the late hour of that day. The guidance counselor spoke with a representative of the ROC the following day (31 March 2012) who entered the recruitment transaction directly into the RSP, which showed an MGIB Kicker was authorized. The applicant returned to the MEPS on 2 April 2012 to sign the MGIB-SR Kicker Incentive Addendum. The commander requested the MGIB Kicker contract be honored (despite the inconsistent dates) due to system complications and no fault of the recruit (applicant). 5. A National Guard Bureau (NGB), Arlington, VA, Memorandum, dated 18 April 2012, shows the Chief, Personnel Programs, Resources, and Manpower Division, approved the request from the UTARNG to allow the applicant to retain the MGIB Kicker for which he contracted with the ARNG. The Discussion section of the memorandum shows the applicant and the guidance counselor endorsed the ARNG MGIB-SR Kicker Incentive Addendum after the date that began his 6-year enlistment obligation and the action was unavoidable due to recruiting computer system errors. It also shows, the MOS the [applicant] was enlisting in the ARNG for was still identified as a critical skill on the date he signed his Kicker Incentive Addendum and the enlistment actions were completed. 6. An NGB, Arlington, VA, memorandum, dated 21 May 2012, shows the Deputy G1, ARNG, disapproved the applicant's request for ETP to retain the $2,500 NPSEB. The State Incentive Manager directed the incentive be terminated with recoupment. Eligible recipients were offered the NPSEB effective 26 July 2011 to 24 July 2012. The applicant enlisted in the UTARNG on 30 March 2012 for the NPSEP in CS MOS 68K. However, the NGB Form 600-7-1-R-E was not signed until 2 April 2012 and the BCN was requested that same day, which was retroactive to the date of enlistment. It was concluded, "Therefore, there is no documentation to support an incentive being offered at the time of enlistment." 7. The applicant completed: * the Medical Laboratory Specialist course, as follows – * Phase I on 23 August 2013 * Phase II on 26 March 2014 * Airborne training on 18 April 2014 8. Joint Forces Headquarters, UTARNG, Draper, UT, Orders 238-001, dated 26 August 2014, awarded the applicant primary MOS (PMOS) 68K1P, effective 26 March 2014. 9. Joint Forces Headquarters, UTARNG, Draper, UT, Orders 364-026, dated 30 December 2014, promoted the applicant to specialist (E-4) in PMOS 68K1P, effective 5 November 2014. REFERENCES: 1. Army Regulation 135-7 (Incentive Programs), Chapter 2 (Selected Reserve Incentive Program – NPSEB), provides the eligibility criteria for enlistment as an NPS applicant prescribed by governing ARNG or U.S. Army Reserve regulations. It shows Soldiers will not receive any enlistment bonus payment, initial or subsequent, until he or she has completed initial active duty for training and is MOS qualified or received sufficient training to be deployed. 2. Department of Defense, Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay) governs active duty and reserve military pay. a. Chapter 56 (Ready Reserve Accession, Affiliation, Enlistment, and Retention Bonuses) establishes policy guidance pertaining to the accession, affiliation, enlistment, and retention bonuses for members of the Ready Reserve. It shows a bonus may only be paid to a person who meets and satisfies each of the specified eligibility requirements. b. Chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, 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 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: 1. Records show the applicant enlisted in the UTARNG on 30 March 2012 for a period of 6 years and he contracted for assignment to the 197th Special Troops and training in CS MOS 68K. 2. The evidence of record shows that due to a computer system error and time zone differences, the applicant's enlistment contract could not be processed to completion on Friday, 30 March 2012. a. The following day (Saturday, 31 March 2012), the recruiter was able to contact a MEPS official and the enlistment contract transaction was processed. b. On Monday, 2 April 2012, the applicant and the recruiter signed the contract that included an updated DD Form 1966, along with an NPSEB Addendum, and an MGIB-SR Kicker Incentive Addendum. c. The evidence of record shows an RTID Number for the MGIB incentive, and a BCN for the NPSEB incentive; the Salt Lake City MEPS, Senior Guidance Counselor certified the 2 April 2012 NPSEB Addendum. d. On 11 April 2012, the Commander, Recruiting and Retention Battalion, Draper, UT, confirmed the system error and the subsequent actions taken in a request for an ETP for the MGIB incentive, and that it was due to no fault of the recruiter or the applicant. He also confirmed that MOS 68K remained a CS MOS on 2 April 2012. e. On 18 April 2012, the Chief, Personnel Programs, Resources, and Manpower Division, approved the request from the UTARNG to allow the applicant to retain the MGIB Kicker for which he contracted with the ARNG on 2 April 2012. f. On 21 May 2012, the Deputy G1, ARNG, disapproved the applicant's request for ETP to retain the $2,500 NPSEB because the NPSEB Addendum was not signed until 2 April 2012, which was after the date of the applicant's enlistment on 30 March 2012, and because the BCN was not requested until 2 April 2012. Termination of the applicant's NPSEB was directed with recoupment. g. It appears the Deputy G1, ARNG, was not aware of the problems that were encountered surrounding the processing of the applicant's enlistment contract and the reason(s) for the post-dated signatures on the document(s). 3. The applicant completed MOS training and he was awarded CS MOS 68K. Clearly the applicant, as a new recruit, would not have been aware of the technicalities that were the basis for denying an ETP for retention of his NPSEB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003932 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003932 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2