IN THE CASE OF: BOARD DATE: 8 February 2022 DOCKET NUMBER: AR20210006852 APPLICANT REQUESTS: in effect, an Exception to Policy (ETP) for retention of his 2008 Non-Prior Service Enlistment Bonus (NPSEB), in the Nevada Army National Guard (NVARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States) * NPSEB Addendum * Orders Number 111-650 and 159-620 * Request for Exception to Policy (ETP) memoranda * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Enlisted Record Brief (ERB) 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 Army Board for Correction of Military Records (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 states: a. He did not receive either half of his NPSEB for his original contract. He served his contract in the military occupational specialty (MOS) in which he enlisted under, switched to another MOS, but still obtained the critical MOS in his contract within the 3 year allotted time as it stated in his contract. He believes the record is in error because his contract was breached, but he continued to follow through with his contract and deployed to Afghanistan with the unit to which he was assigned. He received the MOS within the 3-year time-frame that he was given and as reflected on his DD Form 214. He spent 10 years in that unit under one of their paragraph and lines with two deployments. b. He was told that if he switched from one critical MOS to another, he would remain able to deploy with the 485th Military Police (MP) Company and receive his bonus. He lost his driver's license and was unable to attend the MOS Qualified 31B school, so was sent to the MOS 92A (Automated Logistical Specialist) school instead. Four months after receiving the MOS 92A, he was MOS qualified as a 31B and remained in that MOS for the remainder of that contract. If he had remained a 92A and switched units, he could have still received a bonus, but instead was lied to and never received any information as to why he was denied until years later after the incident. c. The Board should consider his complaint because he was lied to, never told of any of the findings from the original decision, and was not informed of the process of submitting an application for reconsideration. He never was counseled on this, or told of way to fix or shown the exact reason and where in the Selected Reserve Incentive Program (SRIP) of the reason of why it was recouped. He served out his contract and fulfilled his contract as written. 3. Review of the applicant’s service records show: a. He enlisted in the NVARNG on 30 December 2008, for 8 years. In conjunction with this enlistment he completed and signed an NPSEB Addendum, showing he was an NPSEB enlistee enlisting in the USAR, for 6 years, in bonus military occupational specialty (MOS) 31B (MP), with entitlement to a total bonus of $20,000.00. He acknowledged all reasons for termination and recoupment of his NSPEB. b. He entered active duty training (ADT) on 6 October 2010. He completed advanced individual training and was awarded MOS 92A. He was honorably released from ADT on 16 December 2010 and was transferred to a NVARNG unit. c. The NVARNG published the following orders on/for: * Number 111-650, 21 April 2011, awarding him MOS 31B and withdrawing MOS 92A, effective 10 April 2011, by reason of Completion of formal training * Number 159-620, 8 June 2011, awarding him MOS 92A and withdrawing MOS 31B, effective the same date, by reason of Switch of MOS d. On 28 September 2011, the NVARNG State Bonus and Incentives Manager, requested through the National Guard Bureau (NGB), an ETP for the applicant. She stated he signed a NPSEB Addendum on 30 December 2008 and enlisted for a 31B Critical Skill (CS) MOS Bonus. After completing basic training, he was involuntarily sent to 92A, awarded MOS 92A, and received a DD Form 214. During this timeframe the MOS 92A was on the CS MOS list. He obtained a 31B school seat and completed MOS 31B on 10 April 2011. She requested he be paid for enlistment bonus as scheduled (30 December 2008) in the original installment. e. On 5 January 2012, the Chief, Guard Strength Directorate, NGB, advised the NVARNG of the following: (1) An ETP to retain the $20,000.00 NPSEB offered on 30 December 2008 was denied; the State Incentive Manager would terminate the incentive without recoupment. In accordance with ARNG SRIP Guidance 07-06 (effective 10 August 2007 – 31 March 2008, extended to 28 February 2009), eligible applicants were offered the NPSEB. (2) The applicant enlisted on 30 December 2008 for the CS $20,000.00 NPSEB in MOS 31B. Based upon information presented from the NVARNG, he was involuntarily reclassified to MOS 92A due to his own misconduct that prevented him from attending the 31B as originally contracted. There was no exception granted to him or the NVARNG to retain the incentive prior to reclassification; therefore, the incentive was to be terminated. He could file a claim with the ABCMR f. He was ordered to and entered active duty in support of Operation Enduring Freedom on 31 July 2011 and served in Afghanistan, 5 October 2011 to 18 July 2012. g. He was honorably released from active duty on 2 September 2012, due to completion of his required active service. His DD Form 214 shows he held MOS 31B and he completed 1 year, 1 month, and 2 days of net active service. h. He reenlisted/extended in the NVARNG on 11 January 2015 and 5 December 2021. He is currently serving in an active ARNG status. 5. By ARNG SRIP Policy Number 07-06, a Soldier must enlist for a CS skill vacancy in the grade of E-4 or below for a minimum 6-year enlistment. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Board members noted the denial memorandum by the NGB which essentially stated that an exception to policy to retain the $20,000 NPSEB offered on 30 December 2008 was denied because he was "involuntarily reclassified to MOS 92A due to his own misconduct that prevented him from attending the 31B as originally contracted." Notwithstanding this denial, Board members noted that in accordance with ARNG SRIP Guidance 07-06, eligible applicants were offered the NPSEB. He enlisted on 30 December 2008 for the $20,000 NPSEB in MOS 31B. Although he was initially trained in a different MOS, he still obtained the critical MOS in his contract within the 3 year allotted time and he served in this MOS, and deployed to Afghanistan with the unit to which he was assigned. Board members voted to grant him relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX: XX: XX: 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. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by: * Showing the National Guard Bureau approved his exception to policy to retain the Non-Prior Service Enlistment Bonus (NPSEB), in the Nevada Army National Guard (NVARNG) * Paying him said bonus 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, United States Code (USC), 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 Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3 year statute of limitations if the (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. The ARNG offered: A $20,000.00 Non-Prior Service (NPS) Critical UIC Bonus to applicants who enlisted for the 6x2 or the 8x0 enlistment option and agreed to serve in a critical Unit Identification Code (UIC). The NPS Critical UIC Bonus was to be paid in three installments: the first 50% installment will be processed for payment upon successful completion of Initial Active Duty for Training and verification of military occupational specialty qualification and the second and final payment of 50% was to be processed on the third-year anniversary 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) AR20210006852 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1