IN THE CASE OF: BOARD DATE: 26 January 2022 DOCKET NUMBER: AR20210007359 APPLICANT REQUESTS: in effect, payment of any unpaid enlistment bonus incentives in the North Carolina Army National Guard (NCARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty)] * NCARNG Incentive Manager letter FACTS: 1. The applicant states he may be entitled to a previously earned enlisted bonus payment. He recently received an audit of unpaid incentives. 2. The applicant provides his: * DD Form 214, for the period from 17 March 2013 to 17 March 2014 * Letter, dated 7 March 2021, wherein the NCARNG Incentive Manager stated the following: * a recent audit of unpaid incentives indicated he might be entitled to a previously earned enlisted bonus payment * if he believed he was entitled to that incentive, you could submit a packet to the Army Review Boards Agency in accordance with the Barring Act * his incentive contract information regarding this notification was as followed: o Bonus Type: Enlistment Bonus o Control Number: E09030003NC * he had 90 days from the date of this notification to request potential overdue payments from the North Carolina Incentive Management Office; if there was no response within 90 days, the contract would be marked completed * a complete approved packet from the Army Board for Correction of Military Records would be required before any future payments could be processed 3. Review of the applicant’s service records show: a. He enlisted in the NCARNG on 6 March 2009, for 8 years. In conjunction with this enlistment he completed and signed an: * Non-Prior Service Enlistment Bonus (NPSEB) Addendum – ARNG, showing he was an NPSEB enlistee enlisting in the USAR, for 6 years, in bonus military occupational specialty (MOS) 25U (Signal Support Systems Specialist), with entitlement to a total bonus of $20,000.000; he acknowledged all reasons for termination and recoupment of his NSPEB * he also acknowledged the bonus would be paid in three installments: * first 50 percent (%) installment upon completion of initial active duty training (ADT) and verification of military occupational specialty qualification * second 20% installment processed on the third year anniversary (2012) * 30% installment on the sixth year anniversary of enlistment date (2015) * Bonus Control Number: E09030003NC was applied b. He entered on active duty training (ADT) on 25 March 2009. He completed advanced individual training and was awarded MOS 25U. He was honorably released from ADT on 30 September 2009 and was transferred to a NCRNG unit. His DD Form 214 shows he completed 6 months and 6 days of net active service. c. He was ordered to AD in support of Multinational Force and Observers and entered on 17 March 2013. He served in Egypt from 2 April 2013 to 25 January 2014. He was honorably released from AD on 17 March 2014 and was transferred to a NCARNG unit. His DD Form 214 shows he completed 1 year and 1 days of net active service, including 9 months and 24 days of foreign service. d. He was honorably discharged, in pay grade E-4, from NCARNG on 5 March 2015, by reason of Completion of 6 Years Ready Reserve Obligation. He was transferred to the U. S. Army Reserve Control Group (Reinforcement). His National Guard Bureau Form 22 (Report of Separation and Report of Service) shows he completed 6 years of net service. e. His available record is void of any indication of his bonus installment payments. 4. By regulation National Guard Regulation 600-7 (Selected Reserve Incentive Programs), incentive payments will be processed through personnel pay channels upon verification of all contractual documentation and if the terms and conditions outlined in the incentive agreement are met. 5. Title 31 U. S. Code (USC), section 3702, also known as the Barring Act, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U. S. Code, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. 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 Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the Incentive Manager, North Carolina Army National Guard (NCARNG) letter, the Board concurred with the notification letter stating the applicant might be entitled to a previously earned unpaid enlisted bonus payment incentives from his contracted Non- Prior Service Enlistment Bonus (NPSEB) incentive. Based on this, the Board granted relief for payment of any unpaid enlistment bonus incentives in the North Carolina Army National Guard (NCARNG). 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 that the evidence presented was 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 showing the applicant is entitled to any unpaid enlistment bonus incentives in the North Carolina Army National Guard (NCARNG). 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. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), provides Army National Guard (ARNG) policies and implementation of Selected Reserve Incentive Programs. It sets responsibilities, suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. The regulation states in: a. Paragraph 2-1 (Non-Prior Service Enlistment Bonus (NPSEB) – Under the provisions of Title 37, U. S. Code, section 308c, this incentive is offered to applicants who have not previously served in the armed forces who enlist in the Selected Reserve (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 applicant as prescribed by governing law, DODI, DA, ARNG regulations or as outlined in the current Fiscal Year Selected Reserve Incentives Program Policy. b. Paragraph 2-2 (Entitlement) – Entitlement for an incentive begins on the date the oath of enlistment is rendered. The unit Commander must ensure that Soldiers are counseled when they enlist, acknowledging that they will not immediately receive payments under this program. Payments will be processed through personnel pay channels upon verification of all contractual documentation and if the terms and conditions outlined in the incentive agreement are met. 2. Title 31 U. S. Code (USC), section 3702, also known as the Barring Act, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, USC, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210007359 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1