BOARD DATE: 23 August 2016 DOCKET NUMBER: AR20160005505 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: 23 August 2016 DOCKET NUMBER: AR20160005505 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 and State ARNG records of the individual concerned be corrected by showing he signed the NGB Form 600-7-1-R-E on 8 April 2009, the date he enlisted in the LAARNG, and paying him the Non-Prior Service Enlistment Bonus in accordance with the terms of this 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: 23 August 2016 DOCKET NUMBER: AR20160005505 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 records to show he is authorized to retain his Non-Prior Service Enlistment Bonus (NPSEB) offered at the time of his enlistment in the Louisiana Army National Guard (LAARNG) on 8 April 2009. 2. The applicant states: a. When he initially enlisted in the LAARNG, he signed for an enlistment bonus. His National Guard Bureau (NGB) Form 600-7-1-R-E (NPSEB Bonus Addendum) is dated 8 November 2009, but he enlisted on 8 April 2009. The date on his NGB Form 600-7-1-R-E needs to be corrected to match the date on his enlistment contract. b. When he signed the NGB Form 600-7-1-R-E, he was instructed by the recruiting staff to only sign it and advised that it would be dated later. He followed this instruction and was under the impression his recruiter understood all requirements by law and military regulation/guidance and there would not be discrepancies in his paperwork. Unfortunately, he was wrong. c. He recently learned he cannot receive the second payment of his bonus because the date on his NGB Form 600-7-1-R-E does not match his enlistment date. Also, this discrepancy could result in a debt for the first payment of the bonus if not resolved. d. When examining the NGB Form 600-7-1-R-E, it is easy to determine all the dates were written by the Enlisting Official/Service Representative, the individual entrusted with the responsibility of ensuring the accuracy of his personnel documents. The military staff responsible for accurate completion of his records were irresponsible and not aware of the requirement to ensure his bonus addendum was signed on the same date as his enlistment. e. He was instructed to only sign the bonus addendum and not date it. The form was later dated by the recruiting staff. This discrepancy went unnoticed by all LAARNG personnel until now and it was discovered when he inquired about the second installment of his bonus. f. Since he became aware of this issue, he took immediate action to have it resolved. If the issue is not resolved, the first payment of the bonus he received in 2009 will be recouped and he will not receive the second payment due to no fault of his own. g. He joined the military under the assumption that the bonus offered and the contract he signed to receive it would be paid. Instead, after upholding his service agreement, he is not going to receive the second payment of the bonus due to an administrative oversight and through no fault of his own, and he might be forced to repay the first installment. 3. The applicant provides: * NGB Form 600-7-1-R-E * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * military occupational specialty (MOS) orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) * NGB exception to policy (ETP) denial letter CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the LAARNG on 8 April 2009 for a period of 8 years. Section IV (Acknowledgement) of his Guard Annex contains the entry: "I will report back to MEPS [Military Entrance Processing Station] on: 01 Jun[e] 2009." His Guard Annex and DD Form 1966, dated 8 April 2009, do not indicate he enlisted for the NPSEB. 2. Section II (Eligibility) of his NPSEB Addendum, dated 8 November 2009, shows he enlisted in critical MOS 21C (bridge crewmember) to serve no less than 6 years in a paid drilling status for a bonus in the amount of $10,000.00. 3. Section IV (Payments) of his NPSEB Addendum states he would receive a total bonus amount of $10,000.00 for the enlistment bonus options in Section II. He acknowledged he would forfeit 50 percent of his NPSEB if he did not ship on 1 June 2009. He understood he would be paid in three installments. The first installment of 50 percent would be paid upon completion of initial active duty training and verification of MOS qualification, the second installment of 20 percent would be paid on the third-year anniversary of his date of enlistment, and the third and final installment of 30 percent would be paid on the sixth-year anniversary of his date of enlistment. 4. Section IX (Certification by Service Representative) of his NPSEB Addendum shows he was assigned a bonus control number. 5. He was promoted to specialist effective 25 January 2012. 6. He provided a memorandum from NGB, dated 4 May 2012, subject: Request for ETP for NPSEB (Applicant), which states: a. The request for an ETP to retain the $10,000.00 NPSEB offered at the time of his enlistment on 4 April 2009 is denied. The State Incentive Manager will terminate the incentive with recoupment. b. The applicant enlisted in the LAARNG on 4 April 2009 for the NPSEB in critical MOS 21C. He signed the bonus addendum on 8 November 2009 and the bonus control number was requested on 30 June 2009. c. A review of Annex A and the DD Form 1966 does not support an incentive being offered at the time of enlistment; therefore, an intent to offer the applicant an incentive in connection with his enlistment cannot be validated. 7. He was ordered to active duty on 19 October 2012 in support of Operation Enduring Freedom. He served in Afghanistan from 15 December 2012 to 11 September 2013. He was released from active duty on 23 October 2013. 8. His records contain an NGB Form 602 (Bar to Reenlistment, Immediate Reenlistment, or Extension (Certificate)), dated 6 November 2015, showing a bar to reenlistment was imposed against him for testing positive for marijuana on 17 August 2014. REFERENCES: 1. National Guard Regulation 600-7 (Selected Reserve Incentive Program), paragraph 2-5, states bonus contracts are valid only with bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by State policy for bonus control numbers, accuracy of contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 2. Principal Deputy Under Secretary of Defense memorandum, dated 21 May 2008, subject: Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits or Stipends, provides that the Service Secretary concerned has the discretion to render a case-by-case determination that the member's repayment will not be required if it is determined that such repayment would be contrary to a personnel policy or management objective, against equity and good conscience, or contrary to the best interest of the United States. 3. Department of Defense Financial Management Regulation, volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), section 0201 (General Provisions), provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit. Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control. Conditions under which repayment will not be sought are set forth in section 0202. DISCUSSION: 1. The applicant requests payment of an NPSEB in the amount of $10,000.00 per his NGB Form 600-7-1-R-E. 2. The evidence of record supports his contention that he was instructed to only sign the NGB Form 600-7-1-R-E and that it would be dated later. Although his NGB Form 600-7-1-R-E is dated 8 November 2009, this form shows he acknowledged he would forfeit 50 percent of his NPSEB if he did not ship on 1 June 2009 (5 months earlier than the date of the bonus addendum) and contains a bonus control number. 3. The evidence confirms: * he enlisted in the LAARNG on 8 April 2009 for a period of 8 years * his Guard Annex and DD Form 1966, dated 8 April 2009, do not show he enlisted for the NPSEB * his NPSEB addendum, dated 8 November 2009, shows he enlisted for an NPSEB in the amount of $10,000.00 * his bonus control number was requested after the contract date * he received the first installment of the bonus in the amount of $5,000.00 4. In May 2012, NGB terminated the NPSEB incentive with recoupment because his: * contract/bonus addendum was signed after the enlistment documents * bonus control number was requested after the date of enlistment * enlistment documentation did not support the NPSEB incentive was offered at the time of his enlistment 5. The fact that his NPSEB addendum was dated after the contract date and his bonus control number was requested after the contract date were no fault of the applicant. 6. Notwithstanding the NGB memorandum denying him an ETP to retain the NPSEB, and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's records to show he signed the NGB Form 600-7-1-R-E on 8 April 2009, the date he enlisted in the LAARNG. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005505 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005505 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2