ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  4 September 2019

	DOCKET NUMBER:  AR20160016903


APPLICANT REQUESTS:  requests to retain the $10,000 Non-Prior Service Enlistment 
Bonus (NPSEB) incentive payment already received.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	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)
*	Bonus Checklist
*	Annex E to DD Form 4 - Non-Prior – Service Bonus Addendum Army National 
Guard(ARNG) of the United States
*	West Virginia ARNG (WV ARNG) Interstate Transfer (IST) Worksheet
*	Military Occupational Specialty (MOS) Change Orders No. 056-026
*	DD Form 214 (Certificate of Release or Discharge From Active Duty)
*	Transfer Orders No. 350-010
*	Duty Position Orders No. 225-634
*	Memorandum, subject: Request for Exception to Policy (ETP)/Grant Relief from 
Recoupment for the Non-Prior Service Enlistment Bonus (NPSEB)
*	Memorandum, subject: Request for ETP/Grant Relief from Recoupment for the 
NPSEB from  (DS)
*	Notification of ETP Result (DS)

FACTS:

1.  The applicant states:

	a.  In December 2014, he elected to do an IST from the MD ARNG to the WV ARNG 
to obtain 100% tuition assistance.  When he enlisted, he received a bonus, however, he 
was willing to forfeit the bonus in exchange for school.  After consultations with the MD 
and WV IST Coordinators, he was told that he was still eligible to receive the bonus and 
he accepted an ARNG 25U position, which was a 2.5 hour drive one-way.

	b.  In March 2016, approximately 27 months after the IST, he inquired as to why he 
never received a portion of bonus.  He was informed it was due to the IST and would be 
required to submit an ETP to the National Guard Bureau (NGB) but it was denied.

2.  The applicant provides:

	a.  DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United 
States) which shows he enlisted on 19 March 2013 for 6 years with the Maryland Army 
National Guard (MD ARNG).

	b.  DD Form 1966 (Record of Military Processing – Armed Forces of the United 
States), dated 19 March 2013, which was used to collect basic information to determine 
the applicant’s eligibility for military service.

	c.  Bonus Checklist which states the applicant would receive the NPSEB in the 
amount of $10,000 while serving for 6 years in the MD ARNG as a 25U.

	d.  WV ARNG IST Worksheet, dated 13 December 2014, which shows the applicant 
voluntarily requested to transfer from the MD ARNG to the WV ARNG.

	e.  Duty Position Orders No. 225-634, dated 13 August 2015, which shows his duty 
position changed to Forward Signal Support Non-Commissioned Officer.

	f.  Memorandum, subject: [Applicant’s] Request for Exception to Policy (ETP)/Grant 
Relief from Recoupment for the NPSEB, dated 16 April 2016, which states he was 
offered the enlistment bonus for a critical assignment as a 25U (Signal Support) in the 
MD ARNG.  He served with the unit until he completed an interstate transfer to 
WV ARNG in order to attend a school with a specific program, only offered at 
West Virginia University. 

	g.  Memorandum, subject: Request for ETP/Grant Relief from Recoupment for the 
NPSEB from the Commander at Military Processing Office (MPO) at the WV ARNG, 
which states the applicant should be granted an ETP and relief from recoupment.  He 
explains the applicant transferred in the same MOS to a unit with the WV ARNG and 
accepted the incentive in good faith.  A recoupment would create a financial hardship 
for the applicant.

	h.  Notification of ETP Results from the NGB, dated 24 August 2016, which states 
the request was denied because the NPSEB was offered in order to fill a critical 
vacancy in the contracted unit.  

3.  A review of the applicant’s service records shows:

	a.  He enlisted in the ARNG on 19 March 2013 for 6 years. 
	b.  According to the ARNG Enlistment/Reenlistment Agreement Service 
Requirements and Methods of Fulfillment, dated, 19 March 2013, he enlisted as a 
non-prior service member with no previous military service on active duty, or active duty 
for training in the Armed Forces of the United States

	c.  Annex E to DD Form 4 – Non Prior Service Enlistment Bonus Addendum ARNG 
on 19 March 2013.  This addendum shows he was enlisting in the ARNG in the 
Selected Reserve Incentive Program (SRIP) for a minimum of 6 years in the ARNG.  He 
acknowledged: 

		(1)  He was enlisting in the WV ARNG unit, 29 Military Police Company as a 25U 
(Signal Support), under the NPSEB.

		(2)  He would receive a total bonus payment in the amount of $10,000 for a 
6-year enlistment.

	d.  He entered active duty for training on 29 July 2013.  Upon completion, on 
27 February 2014, he was honorably released.  His DD Form 214 (Certificate of 
Release or Discharge From Active Duty) shows he completed 6 months and 29 days of 
active service.

	e.  On 21 February 2014, the applicant’s MOS changed from 09B (Unassigned 
Trainee) to 25U (Signal Support).

	f.  In an effort to reduce the financial burden of college tuition, the applicant 
requested to transfer units from MD ARNG to WV ARNG.  According to Orders 
No. 350-010, dated 16 December 2014, he was approved for release and transferred to 
the WV ARNG.

	g.  The applicant is currently serving with the WVARNG.

4.  On 28 March 2019, the Army Review Boards Agency received an advisory opinion 
from the NGB, which recommended approval of the applicant’s request to retain the 
NPSEB and to receive the remaining payment not yet paid to him.  An NGB official 
referenced ARNG Selective Reserve Incentive Programs (SRIP) Policy for Fiscal Year 
(FY) 13-01 and stated:

	a.  A recipient must enlist for a critical skill vacancy and fill a valid, top-loaded 
vacancy in a Modified Table of Organization and Equipment or a Medical Table of 
Distribution and Allowances.

	b.  The NGB denied the applicant’s request for an ETP because allegedly his bonus 
control number (BCN) had been submitted after the date of enlistment.  A request made 
for a BCN or Reservation Transaction Identification Number (RTID) would have been 
made by the Military Entrance Processing Station (MEPS) Guidance Counselor and 
approved by the Guidance Counselor Resource Center.  Any delay this would have 
been was at no fault of the Soldier.

	c.  The applicant worked with IST Coordinators to organize his transfer and 
documents in the applicant’s IST paperwork acknowledged that he received a bonus.  
He transferred into a 25U position equivalent with that of his contract and remained in 
the position regardless of other professional opportunities that were presented to him 
(i.e. reclass schools, etc.) in order to carry out the agreement prescribed in his contract.  

	d.  The Soldier took specific steps in his IST to fulfill his obligation based on the 
guidance given to him by the IST Coordinators and served his contractual obligation in 
the critical skill to which he enlisted.  Furthermore, the applicant was not informed of the 
decision to terminate his bonus until two years after his IST and, therefore traveled 
outside of the reasonable commuting distance during this time to ensure he served in 
the critical skill he agreed to.  Based on the improper guidance he received and his 
efforts to remain in the critical MOS, the applicant should be granted his NPSEB.

5.  The applicant was provided with a copy of this advisory opinion to give him an 
opportunity to submit comments.  He did not respond.

6.  By guidance, SRIP 13-01 (9), NPSEB states:

*	a recipient must enlist for a critical skill vacancy in the grade of E-4 or below
*	a recipient must fill a valid, top-loaded vacancy in a Modified Table of 
Organization and Equipment or a Medical Table of Distribution and 
Allowances
*	the NPSEB incentive addendum must contain the approved REQUEST 
automated RTID issued by the Guidance Counselor Resource Center
*	the MEPS Guidance Counselor is responsible for ensuring the recipient is 
eligible for NPSEB

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was 
warranted.  The applicant’s contentions and the NGB advisory opinion were carefully 
considered.  Based upon the documentary evidence provided by the applicant, found 
within the military service record, and by a preponderance of the evidence, as well as 
the advisory official’s recommendation, the Board agreed there is sufficient evidence to 
grant relief.



BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 showing he met all 
requirements to retain the Non-Prior Service Enlistment Bonus incentive payment 
already received, and the reimbursement of any monies already recouped.

	  
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.  National Guard Guidance, Selected Reserve Incentive Program Policy 13-01 (9), 
Non-Prior Service Bonus (NPSEB) states:

*	a recipient must enlist for a critical skill vacancy in the grade of E-4 or below
*	a recipient must fill a valid, top-loaded vacancy in a Modified Table of 
Organization and Equipment or a Medical Table of Distribution and 
Allowances
*	the NPSEB incentive addendum must contain the approved REQUEST 
automated RTID issued by the Guidance Counselor Resource Center
*	the MEPS Guidance Counselor is responsible for ensuring the recipient is 
eligible for NPSEB

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160016903

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