IN THE CASE OF: BOARD DATE: 14 February 2022 DOCKET NUMBER: AR20210011849 APPLICANT REQUESTS: payment of his remaining enlistment bonus of $2,500.00 as an education benefit. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 Enlistment Bonus Addendum), dated 31 May 2001 * Defense Joint Military Pay System (DJMS) – Reserve Component (RC), dated December 2004 * Memorandum – Subject: Notification of Out of Service Incentive Audit, dated 19 January 2021 FACTS: 1. The applicant states in pertinent part that the remaining $2,500.00 of his enlistment bonus incentive was not received prior to his release from the military. He contests that his records correctly reflect that he completed the terms of his enlistment and should be entitled to the remaining portion as evidenced by the out of service incentive audit conducted. 2. A review of the applicant's available service records reflects the following: a. On 31 May 2001, the applicant enlisted in the Army National Guard (ARNG) to serve as an 11B (Infantryman) for 8 years with entitlement to a $5,000.00 enlistment bonus incentive. b. On 25 August 2002, the applicant was ordered to active duty for completion of his Initial Active Duty Training (IADT). c. On 11 October 2002, the applicant was released from active duty following the completion of his IADT. d. On 1 March 2004, the applicant was ordered to active duty. e. On 23 November 2004, the applicant was charged with violating Article 107 (False Official Statements) and Article 120 (Rape and Sexual Assault) of the Uniform Code of Military Justice (UCMJ). f. On 29 November 2004, the applicant requested to be discharged in lieu of trial by court-martial. g. On 1 December 2004, the Commander, XVIII Airborne Corps and Fort Bragg approved the applicant's request to be discharged in lieu of trial by court-martial. h. On 10 December 2004, the applicant was discharged from active duty with an Under Other than Honorable Conditions characterization of service, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), Chapter 10 (in Lieu of Trial by Court Martial). Subsequently, the applicant was also discharged from the ARNG. 3. The applicant provides the following a: a. NGB Form 600-7-1-R-E, dated 31 May 2001, reflective of the applicant's entitlement to a $5,000.00 enlistment bonus incentive to be paid in increments (50 percent upon completion of IADT and awarded the military occupational specialty (11B) – 50 percent upon completion of the 4th anniversary of his initial enlistment). Section V (Termination) provides acknowledgment by the applicant in that his entitlement to the bonus would be terminated if he separated from the ARNG for any reason unless due to death, injury, illness or other impairment not the result of his own misconduct. b. DJMS – RC, dated 25 March 2021, reflective of the applicant's pay and entitlements as of December 2004. The applicant received a payment of $2,500.00 of his enlistment incentive on 12 October 2002. No further payments are reflected. c. Memorandum – Subject: Notification of Out of Service Incentive Audit, dated 19 January 2021, reflective of the applicant being advised by the Education Services Officer, Virginia ARNG of the recent audit of Out of Service Incentives conducted. The results of the audit indicated that the applicant may be entitled to an enlisted bonus payment of $2,500.00 that was inadvertently not paid. He was further advised that if he believed that he was entitled to this payment, he would need to contact the Army Review Boards Agency. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant’s contentions, military record, and regulatory guidance. The Board found the applicant agreed with the Enlistment Bonus Addendum terms and conditions as evidenced by his signature. The entitlement to the bonus, would be terminated if the service member were separated from the ARNG for any reason unless due to death, injury, illness or other impairment not the result of his own misconduct. As a result of misconduct, the applicant violated the Enlistment Bonus Addendum and, therefore, became ineligible for any further payments. Based on the preponderance of evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. 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. AR 601-210 (Regular Army and Reserve Components Enlistment Program), Paragraph 10-8 (Termination of Incentives) provides that entitlement to an incentive will be terminated when a Soldier separates from a Selected Reserve unit or the Individual Ready Reserve (IRR) of the U.S. Army Reserve or ARNG for any reason. Separation includes discharge or transfer to the IRR, Inactive National Guard, Standby, or Retired Reserve. The service member shall not be eligible to receive any further incentive payments, except for Service performed before the termination date. 2. Department of Defense Instructions 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states, 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) AR20210011849 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1