ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    17 April 2019

	DOCKET NUMBER:  AR20160017138


APPLICANT REQUESTS: Reversal of the National Guard Bureau’s (NGB) Exception to Policy (ETP) denial to retain a $10,000.00 Non-Prior Service Enlistment Bonus (NPSEB).

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), dated 1 March 2010
* NGB Form 600-7-1-R-E (Annex E to DD Form 4), dated 1 March 2010
* Memorandum, Subject: Request for ETP for NPSEB for the applicant, dated 17 August 2016

FACTS:

1.  The applicant states the NPSEB was disapproved because the contract/bonus addendum had unauthorized use of white out, missing a signature, and erroneous information which violated Army National Guard (ARNG) Selected Reserve Incentive Policy (SRIP) Number 07-06, updated 1 March 2009.  The need to file an ETP was brought to his attention as he was following up on recoupment of his enlistment bonus.  The documents were prepared and submitted by the unit without providing him an opportunity to review and edit the documents.  The Soldier that prepared the form should not have used white out on an official document. 

2.  A review of the applicant’s service records show the following on:

* 1 March 2010 – enlisted in the Oregon ARNG for a period of 8 years in Military Occupational Specialty (MOS) 35F (Intelligence Analyst)
* in conjunction with the applicant’s enlistment, NGB Form 600-7-1-R-E was completed showing the following in:




* Section 2 (Eligibility):

* item 3 – “I am test score category I-IIIA (Armed Forces Qualification Test score 50 or higher)” initialed by the applicant (with emphasis)
* item 7 – “I am enlisting in critical skill 35F (emphasis added) (per SRIP policy) to serve no less than 6 years in a paid drill status for $10,000.00”

* section 4 (Payments):

* item 1 – “I will receive a total bonus of $10,000.00 (emphasis added) for the enlistment bonus options in section 2, initials missing” (emphasis added)
* item 2 – “I understand that I will forfeit 50% of the total bonus amount if I do not ship on the original scheduled ship date of 2 June 2010” (emphasis added)
* item 3 – “I understand if I do not ship within 365 days of my enlistment date, the incentive described herein will terminate without payment (emphasis added)
* page 6 – shows the bonus control number E---------R (emphasis added) 

* 29 September 2011 – honorably released from active duty training; DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 14 (Military Education) “Intelligence Analyst, 18 weeks, 2011”

3.  On 17 August 2016, by memorandum, the applicant was informed the request for ETP to retain the $10,000.00 NPSEB was disapproved for unauthorized use of white out, missing signature from the Soldier, and erroneous information.  The applicant enlisted into the ARNG and there was no substantiating evidence supporting the NPSEB being offered at the time of enlistment.  In accordance with Title 37 USC and Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) in order to receive an incentive, a person must enter into a written agreement.  Based upon the agreement presented, he never signed; therefore, the request cannot be granted.

4.  DODI 1205.21, paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member.

5.  ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 – 30 September 2009, updated 1 March 2009, states members may be offered the NPSEB in allowable combinations of a NPS critical Unit Identification Code (UIC) and critical skills MOS.  ARNG SRIP Number 07-06 critical UIC and MOS list does not list UIC WPAPTD or MOS 35F as a State critical UIC or MOS.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board concluded that there was insufficient evidence to show that the applicant was never offered Non-Prior Service Enlistment Bonus (NPSEB) when enlisting.  For that reason, the Board recommended denying the applicant’s request for relief.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

	 
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.  DODI 1205.21 (Reserve Component Incentive Programs Procedures) paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member.
2.  ARNG SRIP Guidance for FY 2007, 2008, and 2009, 10 August 2007 – 30 September 2009, updated 1 March 2009, states members may be offered the NPSEB in allowable combinations of a NPS critical UIC and critical skills MOS.  

ABCMR Record of Proceedings (cont)	 AR20160017138
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