IN THE CASE OF: BOARD DATE: 11 February 2022 DOCKET NUMBER: AR20210008092 APPLICANT REQUESTS: on behalf of her son, as Former Service Member (FSM), to receive payment of remaining half of the Non-Prior Service Enlistment Bonus (NPSEB). 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 UnitedStates), dated 13 July 2006 •Annex E to DD Form 4 – Enlistment Bonus Addendum, dated 13 July 2006 •DD Form 93 (Record of Emergency Data), dated 6 January 2011 •Certificate of Death •DD Form 1300 (Report of Casualty), dated 13 February 2012 •Letter from State Incentive Manager, dated 22 February 2021 •Letter from Applicant, dated 8 March 2021 •Memorandum, Subject: Incentive Eligibility for applicant, dated 31 March 2021 •Memorandum for Record (MFR), Subject: Incentive Eligibility for the applicant,dated 31 March 2021 •Memorandum, Subject: Request for Expedited Case Review, dated 16 April 2021 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 her son, the FSM, was mobilized in support of Operation Enduring Freedom in 2011. He was subsequently diagnosed with cancer and died of the illness later that year. The FSM met all eligibility requirements for his final Select Reserve Incentive Program (SRIP) NPSEB payment in 2009, upon the third anniversary of enlistment but it was never paid out. A recent National Guard Bureau (NGB) review of unpaid bonuses uncovered this injustice and subsequent research of the State of Army National Guard (ARNG) records shows he is owed $10,000.00. It was confirmed by the ARNG and NGB that the NPSEB payment the FSM is entitled to was never processed. It is not known why the unit did not initiate the payment but it was in no way his fault. 3.A review of the FSM's service records shows the following:a.On 13 July 2006, the FSM enlisted in the ARNG for a period of 8 years (6years in a paid drill status). In connection with his enlistment, the FSM completed Annex E to DD Form 4 – Enlistment Bonus Addendum ARNG, which shows: •FSM was eligible to receive a $20,000.00 NPSEB, less taxes •FSM would receive one-half (50 percent) of the total authorized amount, lesstaxes, after he completed initial active duty training (IADT) and was awardedthe Military Occupational Specialty (MOS) he enlisted for •FSM would receive the remaining one-half of the total authorized amount,less taxes, upon the third anniversary of his enlistment •Section 5 (Termination), states he would be terminated from bonus eligibility ifhe separates from the ARNG for any reason unless due to death, injury,illness, or other impairment not result of own misconduct, b. DD Form 214 (Certificate of Release or Discharge from Active Duty) for theperiod ending on 3 May 2007 shows the FSM completed IADT and was awarded MOS 19D (Cavalry Scout). c. On 15 April 2011, Orders Number 105-121, issued by the Office of the Adjutant General, ARNG, ordered the FSM to active duty in support of Operation Enduring Freedom for a period of 379 days. d. On 23 October 2011, the FSM passed away from illness. DD Form 1300 (Report of Casualty), prepared on 13 February 2012, shows he was on active duty at the time. The applicant is listed as the FSM's beneficiary for unpaid pay and allowances. 4.The applicant provides: a.DD Form 93, dated 6 January 2011, wherein the FSM named his mother, the applicant, as beneficiary for unpaid pay and allowances. b. Letter from the Education and Incentives Office, ARNG, dated22 February 2021, wherein the State Incentive Manager informed the applicant of a recent audit of the FSM's unpaid incentives showed that she was the beneficiary to the FSM's previously earned enlisted bonus payment. c. Written response from the applicant, dated 8 March 2021, wherein she states he wishes to receive the FSM's unpaid bonus entitlement. d. Memorandum for Army National Guard Personnel Programs, Resources and Manpower Division, Subject: Incentive Eligibility for applicant, dated on 31 March 2021, wherein the Deputy Chief of Staff, Personnel of the ARNG requests payment of the FSM's NPSEB to the applicant. e. MFR, Subject: Incentive Eligibility for the applicant, dated 31 March 2021, from the State Education and Incentive Office, which states the FSM was eligible for his second SRIP installment before passing away in the line of duty in 2011. The FSM met all eligibility requirements from 2006 through 2011 and remained in good standing while serving in the ARNG. The memorandum included the following: (1) NPSEB worksheet showing the FSM was authorized a bonus of $20,000.00, of which he was paid $10,000.00. A difference of $10,000.00 remained. (2) Guard Incentive Management System screenshot which confirmed the SRIP NPSEB entitlement and payments previously mentioned in the memorandum and worksheet. (3) Bonus Payment History which shows a payment in the amount of $10,000.00 on 26 July 2007, the first installment of the FSM's NPSEB. f. Memorandum from the Adjutant General, ARNG, to the Board requestingexpedited case review of the FSM's case. Major General reconfirms the timeline and details surrounding the FSM's entitlement to the NPSEB. He further states the injustice is solely the fault of the ARNG, and not the FSM, which may have been impacted by the transition in incentives management systems. 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 FSM’s military record, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows the FSM was due an additional bonus payment prior to his passing, which should be issued to his next of kin. 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by paying the remainder of the contested bonus to the FSM’s legal next of kin. X 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 militaryrecords must be filed within 3-years after discovery of the alleged error or injustice. Thisprovision of law also allows the ABCMR to excuse an applicant's failure to timely filewithin the 3-year statute of limitations if the ABCMR determines it would be in theinterest of justice to do so. 2.Department of Defense Instructions 1205.21 (Reserve Component IncentivePrograms Procedures) paragraph 6.2 states, as a condition of the receipt of anincentive covered by this Instruction, each recipient shall be required to sign a writtenagreement 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. 3. Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program) provides policy and guidance for the administration of the Selected Reserve Incentive Program NPSEB. A cash bonus is offered to eligible applicants enlisting in the Selected Reserve and complying with all of the following eligibility requirements: • Has not previously served in the U.S. Armed Forces • Enlists in the U.S. Army Reserve for 8 years or a period of 6 years for varying incentives • Completes an enlistment bonus annex This incentive offers a cash bonus to eligible applicants with no prior military service and serve in a designated bonus skill or unit announced by Headquarters Department of the Army. Soldiers will not receive any enlistment bonus payments, initial or subsequent, until they have complied with all of the eligibility criteria in this chapter. //NOTHING FOLLOWS//