BOARD DATE: 4 August 2020 DOCKET NUMBER: AR20180000790 APPLICANT REQUESTS: in effect, to retain the $12,500.00 Non-Prior Service Enlistment Bonus (NPSEB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 4 (Enlistment/Reenlistment Document), dated 29 September 2015 * Orders 6152010, dated 25 March 2016 * Utilities Equipment Repairer Certificate, dated 16 November 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 November 2016 * DA Form 2823 (Sworn Statement), dated 13 December 2016 * Memorandum for Request for Exception to Policy for Non-Prior Service Enlistment Bonus (NPSEB), dated 24 August 2017 FACTS: 1. The applicant states he was promised an enlistment bonus. He signed a sworn statement to the National Guard Bureau, but it was disapproved, so he is filing an appeal through the Army Review Boards Agency. It has been two years since he appealed the decision, and he has not heard anything about it. He alsoprovided a copy of the denial letter he received from the National Guard Bureau. 2. A review of the applicant’s available service records reflects the following on: a. 29 September 2015 – he enlisted in the Army National Guard (ARNG) for 8 years under a Military Occupational Specialty (MOS) of 91C (Equipment Repair Specialist) under the 6X2 or 8X0 enlistment option. b. In conjunction with this enlistment, Guard Annex (Enlistment/Reenlistment Agreement Army National Guard Service Requirements and Methods of Fulfillment) states the applicant was entitled to the Selected Reserve Montgomery GI Bill. Under Section 8, (Statement of Acknowledgement and Understanding) (1) He read and understood the statements were intended to constitute all promises and guarantees whatsoever concerning his enlistment. (2) No other (verbal or otherwise promise or representation not annexed to his enlistment contract is valid or will be honored. (3) He understood that he was not promised anything other than what was written on this form and hereby waived any claim based upon any promise or representation not annexed to his contract. (4) He endorsed this form with his signature and it was certified by a service representative. c. DA Form 5435 (Statement of Understanding – The Montgomery GI Bill Selected Reserve) (1) Section 3 (Qualifications) he was contracting for 6 years in the Selected Reserve by enlisting, reenlisting or extending an enlistment or reenlistment in the Army National Guard of the United States with concurrent assignment to the Selected Reserve. Not be an unsatisfactory participant, elect to credit service toward the Montgomery GI Bill for active duty service, be receiving financial assistance as a member of the Reserve Officer Training Corps or pursuing graduate studies or a course of education leading to a degree above a baccalaureate (2) Section 4 (Entitlement) item 3, he understands the basic entitlement to educational assistance under the Selected Reserve Montgomery GI Bill (SEL RES MGIB) will be established the day he meets all of the qualifications specified in Section 3. (3) He endorsed this form with his signature and it was certified by a service representative. d. DD Form 214 dated 16 November 2016 reflective of his service on active duty from 31 May 2016 through 16 November 2016. Item# 23 (Type of Separation) states “Release from Active Duty Training” and Item# 28 (Narrative Reason for Separation) states “Completion of Required Active Service” 3. The applicant provides: a. DD Form 4 (Enlistment/Reenlistment Document), see 2a. above b. DA Form 5435 (Statement of Understanding – The Selected Reserve Montgomery GI Bill), see 2b. above c. Orders 6152010, dated 25 March 2016, issued by Military Entrance Processing Station (MEPS), Oklahoma City, OK ordering the applicant to initial active duty for training under 10 USC 12301 with a report date of 31 May 2016. d. Utilities Equipment Repairer Certificate, dated 16 November 2016 reflective of completion of 91C training. e. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 16 November 2016, see 2c above. f. DA Form 2823 (Sworn Statement), dated 13 December 2016, where in his recruiter states on 8 September 2015, she reserved a job for the applicant with a vacancy control number of 9666164 for the MOS 91C. After discussing the job options at length, the applicant decided he wanted the job that offered mechanical experience, but mostly because it had a bonus tier 3 and he needed extra money for college. The applicant enlisted and assumed the bonus addendum had been signed during contracting which is how things typically work. The applicant was excited because he got the job he wanted. While in advanced individual training, he realized the bonus addendum was missing from his contract. The recruiter noticed the addendum was not in Recruiter Zone. The recruiter said the reservation showed the applicant had a bonus tier of 3. The Recruiter went to MEPs to inquire about the addendum. The civilian guidance counselor stated the Master Sergeant who longer worked at the MEPS simply forgot to add it to the contract. g. Memorandum for Request for Exception to Policy for Non-Prior Service Enlistment Bonus (NPSEB), dated 24 August 2017, from the National Guard Bureau states the following: (1) An ETP to retain the $12,500.00 NPSEB is disapproved for the discrepancy: Written agreement cannot be located in the Soldier's records which violates the Department of Defense Instruction 1205.21, paragraph 6.2. (2) Contract/agreement details: * State enlisted/accessed: OK; Unit Identification Code (UIC): Y7EAA * Date of agreement/enlistment: 29 September 2015 * Contracted bonus addendum/agreement amount: $12,500.00 * Contracted AOC/MOS: 91C; Current AOC/MOS: 91C (3) The discrepancy identified in (2) violates a Department of Defense Instruction and the ARNG does not have the authority to approve this request. The State Incentive Manager will invalidate the incentive in the Guard Incentive Management system. 4. See all applicable guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. The Board found that the applicant was unjustly denied his NPSEB. The applicant completed all the required paperwork, which was validated by his chain of command, and was promised a bonus for a Tier III MOS. The Board agreed that the applicant did everything he was supposed to do and deserves to retain the $12,500.00 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 the evidence presented is sufficient to warrant a recommendation for relief. 1. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is entitled to receive NPSEB. 2. DFAS paying him appropriate NPSEB in accordance with the aforementioned correction minus any payments already issued. 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. Department of Defense Instruction 1205.21 (Reserve Component Incentive Program Procedures) provides guidance regarding the Reserve Component Incentive Program. It states in paragraph 6.2, 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. 2. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) Chapter 2 Enlisted Incentives Section I Non-Prior Service Enlistment Bonus (NPSEB) states: a. Chapter 2-1. (General) Under the provisions of Title 37 USC 308c, this incentive is offered to applicants who have not previously served in the armed forces who enlist in the SELRES of an armed force for a period of not less than three years. Applicant must agree to serve in a critical military skill designated for such an incentive by the Secretary concerned and execute a written agreement to serve as an enlisted member in the SELRES. Applicant must meet the eligibility criteria for enlistment as a Non-prior service (NPS) applicant as prescribed by governing law, DODI, DA, ARNG regulations or as outlined in the current FY SRIP Policy. b. Chapter 2-4. (Military Entrance Processing Station [MEPS] processing) The Applicant must: (1) Fill a valid vacant position and not an excess, over-strength, or manually loaded vacancy as established in paragraph 1-9. (2) Process incentive at the Military Entrance Processing Station (MEPS) per AR 601-210. (3) Accept a Non Prior Service Enlistment Bonus (NPSEB) incentive that has been awarded through the Recruit Quota System (REQUEST). (4) Only be offered incentive if funding is available. (5) Have an incentive written agreement with a valid bonus control number on the addenda approved through the incentive management system. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000790 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1