IN THE CASE OF: BOARD DATE: 22 March 2016 DOCKET NUMBER: AR20150007893 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 record to show he is authorized a Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $20,000. 2. The applicant states: a. He signed his original enlistment contract into the New York Army National Guard (NYARNG) on 18 April 2007. b. He signed his enlistment paperwork with a NPSEB bonus of $20,000.00. He received the first portion ($10,000) after completion of basic training and advance individual training (AIT). c. According to the agreement, he was supposed to receive the second half upon completion of his enlistment contract, which never happened. The first half of his bonus is now being recouped. d. He submitted an exception to policy (ETP) to the National Guard Bureau (NGB), but it was denied on 21 June 2013 because the assign/loss code on his transfer orders stated that it was in accordance state laws or regulations, which was not accepted. The orders were amended on 7 August 2013 to reflect the correct code, involuntary due to a modification table of organization and equipment (MTOE) change. e. The applicant and his command believe this was an administrative error on his original transfer order dated 9 September 2009, and it was through no fault of his own. He has fulfilled his contract agreement. 3. The applicant provides: * Orders 219-1063, Office of the Adjutant General, Joint Force Headquarters, dated 7 August 2013 * Orders 252-1032, Office of the Adjutant General, Joint Force Headquarters, dated 9 September 2009 * NGB letter, Subject: Request for ETP for Non-Prior Service Enlistment Bonus (NPSEB), dated 21 June 2013 * DA Form 2823 (Sworn Statement) dated 10 July 2012 * Unit Manning Report * DA Form 4187 (Personnel Action) * Memorandum for the Record, Subject: Non-duty military occupational specialty (MOS) Status for applicant, dated 2 July 2012 * Annex E to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), NPSEB Addendum, dated 18 April 2007 * DD Form 4 * Orders 130-1068, Office of the Adjutant General, Joint Force Headquarters, dated 10 May 2010 * Orders 199-1010, Office of the Adjutant General, Joint Force Headquarters, dated 18 July 2011 CONSIDERATION OF EVIDENCE: 1. On 18 April 2007, the applicant enlisted in the NYARNG for a period of 3 years. 2. As part of his enlistment, he signed Annex E to DD Form 4, NPSEB Addendum which gave him a bonus for $20,000.00 for the MOS 25C (Radio Operator – Maintainer). He was to receive the first half of the bonus upon completion of initial entry training and the second half upon reaching the 36-month anniversary of his enlistment date. 3. After initial training, he was awarded MOS 25C and he received the first $10,000 installment of his NPSEB. He was assigned to the 466th Medical Company (Area Support), Queensbury, NY. 4. Orders 252-1032, dated 9 September 2009, show that, due to a MTOE change, he was involuntarily transferred to a new unit, the 442nd Military Police Company, Jamaica, NY, into a duty position for which he was not MOS qualified (31B (Military Police)). 5. Orders 130-1068, dated 10 May 2010, show the applicant was transferred back to his original unit, the 466th Medical Company (Area Support), but into a duty position for which he was not MOS qualified (92G (Food Service Specialist)). 6. Orders 199-1010, dated 19 July 2011, show that on 17 July 2011, the applicant was honorably discharged from the NYARNG and transferred to the U.S. Army Reserve Control Group (Annual Training). He did not receive the remaining $10,000 of his NPSEB. 7. On 30 August 2011, the applicant reenlisted in the NYARNG for 3 years and 44 weeks. 8. On 2 July 2012, the applicant’s commander submitted a memorandum for the record which stated, “The Soldier is Non-Duty MOS [Qualified] by no fault of his own, it is due to an MTOE change.” 9. On 21 June 2013, the NGB denied the applicant’s request for an ETP to receive the remaining $10,000 portion of his NPSEB. In addition, they directed the State Incentive Manager to terminate the incentive with recoupment. The NGB stated that the applicant was not serving in the MOS for which contracted, which violates the ARNG Selected Reserve Incentive Policy 07-04. DISCUSSION AND CONCLUSIONS: 1. The evidence of record clearly shows the applicant entered into a contract, in good faith, with the understanding he was authorized and would receive an NPSEB in the amount of $20,000.00. 2. The evidence further shows that, through no fault of his own, the applicant was involuntary transferred into duty positions requiring an MOS other than the MOS for which he contracted. 3. In view of the foregoing and as matter of equity, it would be appropriate to correct his records to show an ETP was approved allowing him to retain the entire amount of his NPSEB in the amount of $20,000.00. 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 ARNG records of the individual concerned be corrected by showing an ETP was approved allowing the applicant to retain the full NPSEB in the amount of $20,000.00, less the amount he has already received, in accordance with the terms set forth in Annex E to DD Form 4, NPSEB Addendum. _______ _ _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) AR20150003846 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007893 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1