IN THE CASE OF:  

		BOARD DATE:  12 February 2021

		DOCKET NUMBER:  AR20200001178


APPLICANT REQUESTS: Correction of his record to show he was paid a $20,000.00 
Non-Prior Service Enlistment Bonus (NPSEB).


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three-year time frame provided in Title 10, United 
States Code(USC), section 1552(b); however, the Army Board for Correction of Military 
Records (ABCMR) conducted a substantive review of this case and determined it is in 
the interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states he did not receive the NPSEB.

3.  A review of the applicant's official records shows the following:

	a.  On 29 June 2007, the applicant enlisted in the Army National Guard (ARNG) for a 
period of 8 years. In conjunction with this enlistment National Guard Bureau Form 600-
7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of 
the United States) NPSEB Addendum) was completed showing the following:

	(1)  Section 2 (Eligibility), item 7; the applicant was enlisting in Military 
Occupational Specialty (MOS) 15P (Aviation Operations Specialist).

	(2)  Section 3 (Payments), the applicant would receive a total bonus of 
$20,000.00 of which he would receive the first 50 percent when he completed initial 
active duty training and was awarded the MOS for which he enlisted. The second and 
final 50 percent would be paid on his 36-month anniversary.

	(3)  The applicant signed this form.

	b.  On 31 October 2007, the applicant entered initial active duty for training.

	c.  on 31 January 2008, the applicant was released from initial active duty for 
training, discharged from the Reserve of the Army, and returned to the ARNG with 
uncharacterized service by reason of entry level performance and conduct. His 
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 11 
(Primary Specialty) "none." He completed 3 months of net active service.

	d.  The applicant's records are void of any orders awarding him 15P as a primary 
MOS.

	e.  On 11 December 2020, the analyst of record inquired with the Defense Finance 
and Accounting Service (DFAS) to determine whether the applicant received a NPSEB.

	f.  On 29 December 2020, a DFAS official replied stating "after looking at 
reports.web, this Soldier was not paid a bonus. He was only in from 29 June 2007 – 
13 February 2008. His bonus contract that was in the Interactive Personnel Electronic 
Records Management System is missing DD Form 4 page 3, the annex B is missing 
dollar amounts, there is no MOS order awarding him an MOS for 15P and from what I 
have seen, the Service member has to stay in for at least 3 years before he received 
the first installment of the bonus. He only served 7 and one half months full military time 
in the ARNG." 


BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found relief 
is not warranted.

2.  To receive the first half of his enlistment bonus, the applicant was required to 
complete initial entry training and be awarded MOS 15P.  To receive the second half of 
his enlistment bonus, the applicant would have had to serve satisfactorily for 3 years.  
The Board found he met none of the conditions required in his contract to receive any 
portion of his enlistment bonus.  The Board determined non-payment of the bonus was 
not in error or unjust.  
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XX	:XX	:XX	DENY APPLICATION


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.

		  
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.


REFERENCES:

1.  Title 10, USC, 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 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.

2.  Department of Defense Instructions 1205.21 (Reserve Component Incentive 
Programs Procedures) paragraph 6.2 states, 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.

3.  Army Regulation 601-210 (Active and Reserve Components Enlistment Program) 
states a cash bonus is offered to eligible applicant's enlisting in the Selected Reserve 
and complying with all of the following eligibility requirements:

*	enlists in the ARNG for 8 years
*	enlists for a bonus MOS
*	completes initial active duty training or received sufficient training to be 
deployable


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20200001178


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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