IN THE CASE OF: BOARD DATE: 19 January 2012 DOCKET NUMBER: AR20110012772 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 the Louisiana Army National Guard (LAARNG) honor his Selective Reserve Incentive Program (SRIP) bonus of $15,000.00. 2. The applicant states he enlisted for the SRIP and has fulfilled his part of the enlistment contract, and the LAARNG should fulfill its part. 3. The applicant provides: * National Guard Bureau (NGB) memorandum, dated 14 March 2011, denying his request for an exception to policy to receive the bonus * Congressional correspondence to his United States Senator * NGB Form 600-7-6-R-E (Annex X to DD Form 4 – Prior Service Enlistment Bonus Addendum) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 1. Counsel requests same as above 2. Counsel states: * the applicant was verified for the $15,000.00 SRIP and enlisted for same * after he was paid the first of two equal installments, he was denied the second and informed the first installment would be recouped * the bonus was a major inducement for the applicant to join the Guard 3. Counsel provides same as above. CONSIDERATION OF EVIDENCE: 1. With prior service, the applicant, on 20 February 2008, enlisted in the LAARNG for 6 years in military occupational specialty (MOS) 11B (infantry). As part of his enlistment, he and the LAARNG executed NGB Form 600-7-6-R-E authorizing him a $15,000.00 SRIP bonus. 2. The applicant received a bonus payment of $7,500.00 upon enlistment, with a promise of $7,500 after 3 years. He did not receive the second half of his bonus and, instead, was told the Government would recall the bonus. 3. On 14 March 2011, the Chief, Education, Incentives and Employment Division, NGB, notified the applicant his enlistment contract was incorrect because he did not qualify for a bonus and would have to return the first installment. The notification stated: a. In accordance with the ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2008, 10 August 2007 – 28 February 2009 (Policy Number 07-06), and the Critical Skill List, dated 19 February 2008, a $15,000.00 Prior Service Critical Skill Enlistment Bonus was offered at the time of the applicant's enlistment. However, he enlisted non duty-MOSQ[ualified] into MOS 11B which was not a critical MOS at the time. b. It acknowledged that an error had been committed in the applicant's enlistment process, but offered no remedy for the applicant other than to "ensure all elements responsible for incentive processing are properly trained." 4. The applicant appealed the NGB decision to deny the bonus and to recoup that portion already paid. His appeal was denied despite his arguing that breaching a legal binding contract is not consistent with controlling law and regulation, and he feels he is being punished for another person's mistake. He added he has fulfilled all his requirements set forth in his contract to receive the bonus and has not personally done anything to be undeserving of his bonus. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should be allowed to keep the first portion of the SRIP bonus and paid the second installment of the bonus in the amount of $7,500.00 per his enlistment contract. 2. The evidence confirms he enlisted in the LAARNG in February 2008 for a $15,000.00 SRIP bonus (paid in two 50% installments) after he was determined eligible for the bonus by the LAARNG. He received his first installment of $7,500.00 upon his enlistment. The second and final installment of 50% would be processed for payment on the third-year anniversary of his enlistment. It appears a government error was made when Army officials initially informed him he was eligible for the bonus since his MOS was not on the Critical MOS List at the time of his enlistment. 3. The applicant has fulfilled the requirements of his enlistment contract and did absolutely nothing wrong. In view of the facts of this case and in the interest of equity and justice, it would be appropriate to correct his records and remit payment to him in the amount of $7,500.00. 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 and Army National Guard records of the individual concerned be corrected by showing he was eligible for the SRIP critical skill enlistment bonus of $15,000.00 and paying him the bonus due in accordance with the enlistment contract and bonus addendum agreement entered into at the time of his 2008 enlistment in the ARNG, and reimbursement of any amount of the bonus that may have been previously recouped. Payment of this bonus should come from Army National Guard funds. _______ _ _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) AR20110012772 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20110012772 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1