ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 6 September 2019 DOCKET NUMBER: AR20170006261 APPLICANT REQUESTS: reversal of the decision by the National Guard Bureau (NGB) to deny her exception to policy (ETP) request to retain the Non-Prior Service Enlistment Bonus (NPSEB) incentive. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) memorandum dated 17 November 2015, disapproval of exception to policy (ETP) for payment of non-prior service enlistment bonus (NPSEB) * NGB Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Contract) non-prior service enlistment bonus addendum Army National Guard (ARNG) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she enlisted for a $10,000 bonus which she only received a portion of, but that was recouped. She had worked with several administrative personnel to resolve the issue regarding her enlistment bonus and had been told different things over the years. First, she was told that the bonus was recouped because she failed her Army Physical Fitness Test (APFT) while she was pregnant and then she was told that the bonus was requested after her enlistment date. She had fulfilled her portion of the contract and is requesting to receive the bonus that she was promised. 3. The applicant provides: a. NGB Form 600-7-1-R-E (Annex E to DD Form 4 Non-prior service enlistment bonus addendum with Bonus Control Number E0905001640 that states the applicant enlisted for the military occupational specialty (MOS) 92G (Food Service Specialist) to serve no less than 6 years in a paid drill status for a $10,000 bonus. She will forfeit 50 percent of the bonus if she fails to ship for Basic Combat Training on 27 July 2009 and if she fails to ship within 365 days of her enlistment date, fails to graduate from high school, fails to become qualified in an Army MOS within 24 months of her enlistment the incentives will be terminated, but it will not relieve the applicant of her contractual obligation to serve. The bonus will be paid in three installments: the first installment at 50 percent, upon becoming MOS qualified; the second installment at 20 percent at the third year anniversary and the final installment at 30 percent on the sixth year anniversary. The bonus can be terminated with recoupment if the applicant fails to remain assigned in a valid vacant position, two consecutive APFT failures or two consecutive failures to meet body fat standards. b. Memorandum, dated 17 November 2015 from the National Guard Bureau (NGB) that disapproved the exception to policy (ETP) request for NPSEB for the applicant citing the following discrepancies: * written agreement not located in the applicant’s service records which violates Department of Defense Instruction (DoDI) 1205.21, paragraph 6.2 * bonus control number was requested after the date the applicant enlisted which violates Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 07-06 1 March 2009 4. A review of the applicant’s service record shows: a. She enlisted in the Missouri Army National Guard (MOARNG) of the United States on 7 May 2009. b. MOARNG Order Number 159-296 dated 8 June 2009, attached the applicant to Company D, Missouri Army National Guard Recruiting and Retention (R & R) Battalion (Recruit Sustainment Program (RSP)) effective 8 June 2009 in the duty military occupational specialty (MOS) 92G. c. Department of the Army (DA) Form 4187 (Personnel Action), advanced the applicant to rank of private (PV2)/E-2 effective 7 July 2009. d. Military Entrance Processing Stations (MEP) Order Number 9183014 dated 1 July 2009, ordered the applicant to initial active duty for training (IADT) effective 27 July 2009 for Basic Combat Training and 13 October 2009 for Advanced Individual Training in the MOS 92G. e. She was released from active duty for training on 15 December 2009 with an honorable characterization of service under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 4 (Completion of Required Active Service). Her DD Form 214 shows that she completed 4 months and 20 days of active service. f. MOARNG Order Number 365-092 dated 31 December 2009, awarded the applicant the MOS of 92G effective 15 December 2009. g. MOARNG Order Number 060-123 dated 1 March 2010, released the applicant from attachment to Company D, MOARNG R & R BN (RSP) effective 16 December 2009. h. MOARNG Order Number 089-105 dated 30 March 2010, attached the applicant to 294th Engineer Company (Support) effective 29 March 2010 in the duty MOS of 92G. i. DA Form 4187, advanced the applicant to the rank of private first class (PFC)/E-3 effective 7 May 2010. j. DA Form 4187, advanced the applicant to the rank of specialist (SPC)/E-4 effective 1 October 2011. k. DA Form 4187, change the applicant’s duty position to excess effective 7 December 2012. l. MOARNG Order Number 129-027 dated 9 May 2014, ordered the applicant to active duty for training (ADT) for the period of 7 to 29 July 2014 to attend the Warrior Leader Course. m. MOARNG Order Number 210-010 dated 29 July 2014, ordered the applicant to ADT for the period of 6 to 10 August 2014 to attend Force XXI Battle Command Brigade and Below Operational Network. n. DA Form 4856 (Oath of Extension of Enlistment or Reenlistment) dated 9 March 2015, the applicant extended her enlistment for a period of 6 years to obtain a new expiration term of service (ETS) of 6 May 2021. o. NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4856 Reenlistment Bonus (REB) addendum with bonus control number R15030112MO in the duty MOS of 92G for 6 years with a bonus of $12,000 which will be paid in two installments. The first 50 percent to be paid the day after the applicant’s current ETS and verification of her MOS and unit of assignment qualification and the second 50 percent to be paid upon the fourth year anniversary of the applicant’s REB contract. p. NGB memorandum dated 17 November 2015, subject: Request for Exception to Policy (ETP) for Non-Prior Service Enlistment Bonus (NPSEB) (Specialist (SPC) X___, X___, XXX-XX-XXXX). The ETP was disapproved for the following discrepancies: * written agreement cannot be located in the applicant’s service records which violates the DODI 1205.21, paragraph 6.2 * bonus control number was requested after the date of enlistment which violates ARNG SRIP 07-06 updated 1 March 2009 q. DA Form 4187 dated 27 July 2018, that changed the applicant’s name to X__ effective 28 May 2016. r. MOARNG Order Number 090-136 dated 31 March 2017 reassigned the applicant to Culinary Specialist Detachment effective 29 March 2017 in the MOS of 92G. s. MOARNG Order Number 066-116 dated 7 March 2019, that attached to applicant to 1241st Transportation Company effective 9 February 2019. 5. By Regulation 601-210 (Active and Reserve Components Enlistment Program), the appropriate incentive addendum must be completed and a copy made a permanent part of each enlistment or affiliation packet, this must be done prior to distribution per the regulatory requirements. 6. By Regulation 600-7 (Selected Reserve Incentive Programs), a recruit completes an Army National Guard Enlistment Bonus Addendum (NGB Form 600-7-1-R-E) as part of the enlistment contract at the time of enlistment. Enlistment bonus contracts are valid only with bonus control numbers which will be issued from the state incentive office to Military Entrance Processing Station counselors. 7. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment 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 enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the requested relief is warranted. The applicant was eligible for the NPSEB for which she contracted. The evidence shows a failure to properly document the incentive in her record and a failure to follow administrative procedures for obtaining a bonus control number, neither of which can be blamed on the applicant. A preponderance of the evidence supports correcting the applicant's record to show an ETP was approved authorizing her to retain the $10,000 NPSEB. 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 that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army and Army National Guard records of the individual concerned be corrected by showing an exception to policy was approved authorizing her to retain a $10,000 Non-Prior Service Enlistment Bonus and by paying her any monies she is due as a result of this correction. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment Program), in effect at the time, the appropriate incentive addendum must be completed and a copy made a permanent part of each enlistment or affiliation packet, this must be done prior to distribution per the regulatory requirements. 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), chapter 2, paragraph 2-5, provides that enlistment 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 enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 4. Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 2008, and 2009, 10 August 2007 – 30 September 2009 (Policy Number 07-06), in effect at the time, retroactive entitlement to an incentive offered under this policy is not authorized. 5. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating 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. ABCMR Record of Proceedings (cont) AR20170006261 6 1