BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003858 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: 26 September 2017 DOCKET NUMBER: AR20160003858 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 records of the individual concerned be corrected by: a. amending his records to show he was assigned a valid BCN, that BCN was affixed to his NPSEB Addendum, and his NPSEB Addendum was completed on the date of his enlistment in the VAARNG; b. amending his NPSEB Addendum to show his report date to IADT as 5 January 2010; and c. paying him the NPSEB as specified in his 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. BOARD DATE: 26 September 2017 DOCKET NUMBER: AR20160003858 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 (NPSEB) in the amount of $10,000.00. 2. The applicant states his paperwork indicates he received a bonus control number (BCN) after his enlistment contract was signed, which was not his fault. He also shipped to basic combat training (BCT) on a different day than the date specified on his enlistment contract, nullifying the second half of the bonus. He contends he had nothing to do with his BCT date changing to after the New Year's Day holiday in 2010. He signed all of the paperwork that specified he would receive a $10,000 bonus and he has fulfilled every requirement since his enlistment in the Army National Guard (ARNG). 3. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 8 September 2009 * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 8 September 2009 * National Guard Bureau (NGB) Form 600-7-1-R-E (NPSEB Addendum – ARNG), dated 22 September 2009 * Orders 9348041, issued by the Military Entrance Processing Station (MEPS), Fort Lee, VA on 14 December 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 12 August 2010 * NGB Exception to Policy (ETP) denial memorandum, dated 16 January 2015 CONSIDERATION OF EVIDENCE: 1. The applicant's DD Form 4 shows he enlisted in the Virginia ARNG (VAARNG) on 8 September 2009. 2. In connection with his enlistment, he completed a NPSEB Addendum that shows: a. He was enlisting into a critical skill military occupational specialty (MOS) 35F (Intelligence Analyst)) to serve no less than six years in a paid drill status for a $10,000 bonus. b. He acknowledged he understood that if he did not ship to IADT on the original scheduled dated of 30 December 2009, he would forfeit 50% of the total bonus amount. c. He acknowledged he understood the bonus would be paid in three installments. The first 50% instalment would be processed upon completion of IADT and verification of MOS qualification for which he enlisted. The second 20% installment would be processed on the third-year anniversary, and final 30% installment on the six-year anniversary of his enlistment date. d. The addendum was signed by the applicant and by the enlisting official (a noncommissioned officer (NCO) in pay grade E-7) on 22 September 2009. e. The NPSEB Addendum does not show a BCN. 3. Orders 9348041, issued by the Fort Lee MEPS on 14 December 2009, ordered the applicant to initial active duty for training (IADT) at Fort Jackson, SC. He was ordered to proceed from his home and report to Fort Jackson not later than 2400 hours on 5 January 2010; his report date to BCT was 6 January 2010. 4. The applicant entered active duty on 5 January 2010, in accordance with the report date specified in his IADT orders. 5. After completing BCT, he was ordered to report to Fort Huachuca, AZ on 15 March 2010, for the purpose of completing his advanced individual training. 6. Orders 180-00065, issued by the U.S. Army Intelligence Center of Excellence, Fort Huachuca, AZ on 29 June 2010, awarded the applicant military occupational specialty (MOS) 35F (Intelligence Analyst), effective 12 August 2010. 7. The applicant was honorably released from IADT on 12 August 2010, upon the completion of his required period of active service. 8. It appears the applicant requested payment of the NPSEB but his request was denied. It also appears the applicant requested an ETP to allow him to retain eligibility for the NPSEB as stipulated in his service agreement. 9. In a memorandum dated 16 January 2015, the NGB, Deputy G1 ARNG, denied the applicant's ETP request and directed the State Incentive Manager to terminate the incentive with recoupment effective the contract start date. The Deputy G1 denied the request for the following reasons: * the BCN was requested after the date of enlistment which violates ARNG Selected Reserve Incentive Programs (SRIP) 07-06 * the applicant failed to ship in accordance with his contracted ship date which violates ARNG SRIP 07-06 10. The applicant extended his six-year enlistment on 1 August 2015, for a period of one year. He extended his enlistment for an additional year on 9 July 2016. REFERENCES: 1. National Guard Regulation 600-7 (SRIP) provides that reenlistment or extension bonus contracts are not valid without BCNs. These control numbers are issued from the State Incentive Management Office to the retention NCO and reported to the NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by State policy for BCNs and the accuracy of reenlistment or extension documents. 2. The term "holiday block leave" refers to a programmed holiday break for initial entry training (IET) students. The U.S. Army Training and Doctrine Command (TRADOC) authorizes commanders to allow IET Soldiers, also referred as "trainees," the ability to go on leave during the holiday season. A search of the internet revealed that the Fort Jackson's holiday block leave during the 2009 – 2010 holiday season was scheduled from 17 December 2009 to 3 January 2010. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the VAARNG and entered into a written agreement in good faith that authorized him to receive a $10,000 bonus for a six-year term of service. 2. For unknown reasons, the official responsible for processing the agreement and obtaining a BCN failed to do so in a timely manner. It was not the applicant's responsibility to obtain a BCN. He simply relied on the expertise of those officials appointed to conduct the enlistment process. 3. As a reason for the ETP disapproval, the NGB G1 noted that the applicant "failed to ship in accordance with his contracted ship date" as specified in his NPSEB Addendum; however, the applicant's IADT orders show he was ordered to report to Fort Jackson, SC, on 5 January 2010. His DD Form 214 confirms he complied with his ordered report date. 4. It should be noted that the 30 December 2009 report date specified in the applicant's NPSEB Addendum coincides with the period of the holiday break for IET trainees at Fort Jackson. Therefore, it would be reasonable to conclude that his report date was changed by competent authorities and such a change was in the best interest of the Soldier and the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003858 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003858 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2