IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20180008201 APPLICANT REQUESTS: an Exception to Policy (ETP) to show his entitlement to a $15,000.00 Non-Prior Service Enlistment Bonus (NPSEB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum from the National Guard Bureau (NGB) * Memorandum from the Military Department * Unit Incentives Request for Information * NGB Form 600-7-I-R-E (ANNEX E to DD Form 4) * DD Form 4/1 (Enlistment/Reenlistment Document 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 when enlisting, as discussed with the recruiter, his paperwork was intended to reflect he had enlisted for a $15,000.00 NPSEB, Airborne School, and the Special Forces Assessment and Selection (SFAS). He signed his enlistment papers on 31 January 2012. Upon reviewing his paperwork with the recruiter they noticed the omissions. The recruiter assured him MEPS could amend the enlistment papers to make the corrections. He then returned on a subsequent date to sign the corrected papers which included amendments for Airborne Board School, SFAS and the NPSEB. These issues were however further reflected on his initial orders which were revised, rescinded and reissued up to the date he returned to Texas from initial training. 4. The applicant enlisted in the Army National Guard on 31 January 2012. 5. On 7 February 2012, he signed NGB Form 600-7-1-R-E which offered him a $15,000.00 enlistment bonus for a 6-year enlistment in military occupational specialty 11B (Infantryman). 6. Orders 2031006, dated 31 January 2012, ordered the applicant to initial active duty for training (IADT), the reporting date was 25 September 2012. 7. Orders 2269006, dated 9 October 2012, ordered the applicant to IADT with a reporting date of 25 September 2012, with additional training for Basic Airborne Training and Pre SF and SFAS. 8. The applicant entered active duty on 25 September 2012, and was awarded MOS 11B. On 29 May 2015, the applicant was released from active duty training. 9. On 7 November 2016, the applicant requested an ETP for the NPSEB. 10. On 6 June 2017, NGB denied the request for an ETP for a NPSEB due to the applicant's bonus addendum being signed after the enlistment which violated ARNG Decentralized State Incentive Pilot Program (DSIPP) 11-02. 11. ARNG DSIPP Guidance Selected Reserve Incentive Program Guidance for Fiscal Year (FY) 2011, dated 26 March 2001, updated 23 September 2011, prescribes eligibility criteria, procedures and standards for administering the ARNG Selected Reserve Incentive Programs (SRIP). It states, in part, a recipient is required to sign an incentive addendum on the date of enlistment, reenlistment/extension or accession. The addendum states the terms and conditions of the incentive contract. Incentive addendums signed after the execution date of a DD Form 4 series (Enlistment /Reenlistment Document Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) are NOT valid. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service to include his period of active duty, the different dates on his enlistment contract and incentive addendum, the absence of evidence showing completion of Airborne or Special Forces training and the reasons for the denial of his exception to policy. The Board considered the published incentive guidance and the ARNG Decentralized State Incentive Pilot Program (DSIPP) 11-02. Based on a preponderance of evidence, the Board determined that the denial of the applicant’s requested incentive was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. 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. 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. ARNG DSIPP Guidance Selected Reserve Incentive Program Guidance for Fiscal Year (FY) 2011, dated 26 March 2001, updated 23 September 2011, prescribes eligibility criteria, procedures and standards for administering the ARNG Selected Reserve Incentive Programs (SRIP). It states, in part, a recipient is required to sign an incentive addendum on the date of enlistment, reenlistment/extension or accession. The addendum states the terms and conditions of the incentive contract. Incentive addendums signed after the execution date of a DD Form 4 series (Enlistment /Reenlistment Document Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) are NOT valid. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008201 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1