IN THE CASE OF: BOARD DATE: 20 February 2020 DOCKET NUMBER: AR20180007699 APPLICANT REQUESTS: correction of his records to show he was granted an exception to policy (ETP) allowing him to collect the last two installments of his non-prior service enlistment bonus (NPSEB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Enlistment Documents * Annex E to DD Form 4 Non-Prior Service Enlistment Bonus (NPSEB) Addendum Army National Guard (ARNG) * DD Form 1996/1-1966/6 (Record of Military Processing - Armed Forces of the United States) FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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 is currently serving in the ARNG. 3. The applicant states as a civilian enlisting in the ARNG he was told he was going to receive a bonus. He was also given paperwork stating the same. He has completed all of the necessary requirement to receive the amount he contracted for. He continues to uphold those requirements by serving past his initial 6 year contract. 4. On 28 April 2009, the applicant enlisted in the Army National Guard for a period of 8 years. 5. In connection with his enlistment, he signed Annex E to DD Form 4, NPSEB Addendum ARNG of the U.S. The form contains a bonus control number and was signed by the applicant and a Service Representative. The applicant acknowledged in: a. Section II - Eligibility, he enlisted for the critical unit identification code (UIC) WP7NA1 to serve no less than 6 years in a paid status for $10,000. b. Section III - Payments, shows he was to receive a total bonus of $10,000. c. Section VI - Termination with Recoupment, states that he understood he would be terminated from bonus eligibility, with recoupment, if he voluntarily transferred out of the critical UIC or Skill for which the bonus was awarded upon enlistment. 6. The applicant entered active duty on 31 August 2009, and was awarded MOS 11B (Infantryman). He was released from active duty training on 18 December 2009. 7. On 30 March 2015, the CAARNG State Incentives Manager informed the applicant discrepancies found in his incentive contract required bonus eligibility termination due to his Bonus Addendum missing the Service Representative's name, signature, and date. It was also missing Date of Service Representative. The recoupment amount was determined to be $5,000. 8. On 22 November 2017, the Chief, Personnel Programs, Resources, Nation Guard Bureau (NGB) denied the request for an ETP pertaining to the applicant being able to retain the $10,000 NPSEB because the bonus type was initialed incorrectly which violated the ARNG Selected Reserve Incentive Program (SRIP) 07-06, updated 1 March 2009. The denial memorandum further stated, although the request to retain the incentive was disapproved by NGB, the ARNG granted relief from recoupment due to the error being at no fault of the applicant. The applicant continued to serve in his contracted MOS and was good standing with the ARNG. The ARNG approved the request. 9. Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. The Board noted the decision by the NGB shown in paragraph 8 above. Based on a preponderance of evidence, the Board determined that there was no error or injustice in the applicant’s non-prior service enlistment bonus (NPSEB) payments. 2. After reviewing the application and all supporting documents, the Board found that relief is not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Policy Guidance for Fiscal Year 2007, 2008, and 2009, 10 August 2007 – 30 September 2009 (Policy Number 07-06) with updates established policy to administer ARNG incentives effective 1 March 2009. The ARNG offered: a. A $10,000 NPS Critical UIC Bonus to applicants who enlisted for the 6x2 or the 8x0 enlistment option and agreed to serve in a critical UIC. b. The NPS Critical UIC Bonus was to be paid in three installments. 1) The first 50% installment will be processed for payment upon successful completion of IADT and verification of MOS qualification. 2) The second 20% installment was to be processed on the third-year anniversary, 3) The final 30% installment was to be processed on the sixth-year anniversary of the Soldier's date of enlistment. c. A $5,000 NPS "Off-Peak" Bonus to applicants who agreed to ship to initial training between 1 October and 31 May. This incentive could be received in conjunction with any NPS enlistment incentive. 3. Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs. It states in Section 6.2 (Written Agreements), 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180007699 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1