ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 27 July 2017 MEMORANDUM FOR Case Management Division, US Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for AR20160012693 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 27 June 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by: a. showing she was granted an exception to policy to retain the $7,500.00 non­ prior service enlistment bonus (NPSEB) in accordance with the terms of her bonus addendum, and b. Paying her the total amount of her NPSEB per the aforementioned exception to policy based on instructions identified in Department of Defense Instruction Number 1205.21 (Reserve Component Incentives Programs Procedures) 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 27 November 2017. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl b?an( .u. Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160012693 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ __x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 27 June 2017 DOCKET NUMBER: AR20160012693 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ___________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: 27 June 2017 DOCKET NUMBER: AR20160012693 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 approval of an exception to policy (ETP) to retain her Army National Guard (ARNG) non-prior service enlistment bonus (NPSEB) in the amount of $7,500.00 for a critical skill military occupational specialty (MOS). 2.  The applicant states she initially enlisted in the Reserve Officers' Training Corps (ROTC) Simultaneous Membership Program (SMP) for MOS 92A (Automated Logistics Specialist) on 9 September 2013 as a non-contractual candidate. The following May she made a decision to leave the New Mexico Military Institute and the ROTC Program. At that time, her first sergeant approved her request to change her MOS to 68W (Healthcare Specialist). She was taken to the Military Entrance Processing Station (MEPS) to sign the bonus addendum and she understood she would receive a bonus. Two years later, on 22 June 2016, she was notified that there was an error with the paperwork and she has not received the bonus to date. 3.  The applicant provides: * National Guard Bureau (NGB) Form 600-7-I-R-E (Annex E (NPSEB Addendum)) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * memorandum for record (MFR), dated 28 June 2016 * MFR, dated 4 June 2014 * memorandum for NG Incentives, dated 21 June 2016 * memorandum for New Mexico Army National Guard (NMARNG) State Incentive Manger, dated 23 June 2016 CONSIDERATION OF EVIDENCE: 1.  The applicant enlisted in the NMARNG on 9 September 2013 for a period of 8 years and for training in MOS 92A. Her records contain a signed DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) showing she enlisted this date. 2.  Her records contain a Guard Annex (Enlistment/Reenlistment Agreement), dated 13 May 2014, showing she enlisted as a NPS member for a term of 8 years for training in MOS 68W. She indicated this was her initial enlistment and she had no previous military service on active duty or active duty for training in the Armed Forces of the United States. 3.  In connection with the applicant's enlistment, she and her recruiter signed an NGB Form 600-7-1-R-E (NPS Bonus Addendum) on 13 May 2014. By signing this form, she acknowledged in: a.  Section II (Eligibility), paragraph 3, "I am enlisting for a critical skill vacancy in the grade of E-4 or below"; b.  Section II (Eligibility), paragraph 11, that the NPSEB addendum must be signed and dated on the same date as the DD Form 4, to include the service representative and witnessing officer in order for the addendum to be valid; c.  Section III (Bonus Amounts and Payments), that she would receive an NPSEB in the amount of $7,500.00, less taxes for critical MOS 68W; and d.  Section VI (Termination), that her incentive eligibility would be terminated with recoupment if the incentive addendum was signed before or after the execution date of the associated DD Form 4. The effective date of termination would be the contract starting date if the incentive was previously paid. 4.  This form contains a bonus control number (BCN) on page 8. 5.  On 23 January 2015, she completed initial active duty training and was awarded her contracted MOS of 68W. 6.  On 4 June 2014, the Recruitment Sustainment Program Noncommissioned Officer (NCO) submitted a memorandum, wherein he stated: a.  The applicant was enrolled in the New Mexico Military Institute on track to contract as an SMP candidate (ROTC) when she enlisted in the NMARNG. Before going to the MEPS for her physical, she completed her Department of Defense (DOD) Medical Examination Review Board, which determined she had an issue with her eyes causing denial of her ROTC contract. b.  Upon leaving the New Mexico Military Institute, the applicant informed the recruiting NCO that she wanted to change her MOS from 92A to 68W because she was going to remain as an enlisted Soldier. After approval from the first sergeant, she contracted for the NPSEB for training in MOS 68W. 7.  On 21 June 2016, the NMARNG Deputy G-1 requested to have the NGB Incentives Branch honor the applicant's NPSEB, stating: a.  The applicant was in good standing with the NMARNG and had satisfactorily fulfilled the requirements stated in the contract. b.  The applicant signed the DD Form 4 on 13 September 2013, enlisting in the NMARNG as part of the SMP for training in MOS 92A; however, she was disenrolled from the SMP, became an enlisted member, and signed her enlisted bonus addendum for training in MOS 68W on 15 May 2014. 8.  On 23 June 2016, the Chief, Personnel Programs, Resources and Manpower Division, NGB, denied the applicant's request for an ETP to retain her NPSEB, stating the contract/bonus addendum was signed and the BCN was requested after the enlistment documents were signed, which violates ARNG Selective Reserve Incentive Programs Policy Memorandum 13-01[UAu1]. REFERENCES: 1.  DOD Instruction Number 1205.21 (Reserve Component Incentives Programs Procedures) provides policy, assigns responsibilities, and prescribes procedures for the management of the Reserve Components incentive programs. a.  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. b.  Authority to execute payment of all incentive programs included in this instruction is subject to authorization in law and appropriate of funds, and applicable DOD and Service policies. c.  Persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. 2.  Army Regulation 135-7 (ARNG and Army Reserve Incentive Programs) prescribes the policy and procedures for the administration of the ARNG and the U.S. Army Reserve incentive programs. The regulation identifies the documents required to effect a reenlistment or extension which includes reenlistment/extensive incentive annexes which applicants are required to read and understand prior to effecting a reenlistment or extension. 3.  ARNG Selective Reserve Incentive Programs Policy Memorandum 13-01[UAu2] (Fiscal Year 2013) prescribes the policies and procedures for leadership and managers to meet and sustain the ARNG readiness requirements. The recipient must meet the edibility criteria for enlistment, reenlistment/extension, accession, affiliation, commission or appointment into the ARNG. The NPSEB incentive addendum is not valid if it was signed before or after the execution date of the DD Form 4 and was not signed and dated by the recipient, Service Representative, and Witnessing Officer at the time the document was executed. DISCUSSION: 1.  On 13 September 2013, the applicant enlisted in the NMARNG signing her DD Form 4 on 13 September 2013. She did not contract for a bonus on this date. 2.  Based on statements from her recruiting NCO and the NMARNG G-1, the applicant underwent a medical evaluation in preparation for entering the ROTC Program as an SMP cadet when she was apparently medically disqualified. She subsequently completed an ARNG Enlistment Agreement for a critical skill NPSEB for MOS 68W on 13 May 2014. 3.  The terms of the applicant's contract clearly state the NPSEB would terminate with recoupment if the addendum were signed after the date listed on the DD Form 4 or if the BCN was requested after the date listed on the DD Form 4. 4.  Nonetheless, the applicant fulfilled her contractual agreement by completing initial active duty training and was awarded her contracted MOS. The bonus addendum and BCN were obtained after her enlistment date on her DD Form 4 based on a unique set of circumstances. 5.  To date, the applicant has completed approximately 4 years of service and is a member of the NMARNG in good standing. //NOTHING FOLLOWS// [UAu1]CE4 – Omit key facts or citations – no citations were listed. I entered the citations shown. JMR [UAu2]CE4 – Omit key facts or citations – no citations were listed. JMR ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012693 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012693 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2