IN THE CASE OF: BOARD DATE: 20 September 2022 DOCKET NUMBER: AR20210013897 APPLICANT REQUESTS: correction of his military records to authorize payment of the final installment of his enlistment bonus in the Army National Guard (ARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document 0 Army National Guard) * Annex A to DD Form 4 (Enlistment/Reenlistment Agreement, Army National Guard) * Annex E (Enlistment Bonus Addendum) * Memorandum from the National Guard Bureau, 5 February 2021 FACTS: 1. The applicant did not file within the 3-year time frame as provided in Title 10, U.S. 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 he was not paid his final installment of his signing bonus in the amount of $2,400. 3. The applicant enlisted in the Army National Guard (ARNG) for 8 years on 4 September 2003. He agreed to serve as a member of an ARNG unit for a period of 6 years and a member of the Individual Ready Reserve (IRR) or the Inactive National Guard (ING) for the balance of his 8-year service obligation unless he elects to remain with the ARNG unit, or unless he was completely discharged from this enlistment agreement. He understood he would be trained inn military occupational specialty (MOS) 11B (Infantryman). 4. He signed Annex E (Enlistment Bonus Addendum) which promised him a $3,000 enlistment bonus. He understood: * He would receive one-half of the total authorized amount entered above (less taxes) after he became a secondary school graduate, complete IADT, and was awarded the MOS for which he enlisted * He would receive the remaining one-half of the total authorized amount (less taxes) upon satisfactory completion of the fourth anniversary of my enlistment * He would not receive a payment until all requirements have been met and entitlement has been verified and certified by the proper authority 5. He entered active duty for training (ADT) on 20 January 2004 and completed training for award of MOS 11B. He was honorably released from ADT on 7 May 2004 to the control of his ARNG unit. 6. He mobilized and entered active duty on 2 May 2009. He served in Iraq from July 2009 to April 2010. He was honorably released from active duty on 17 May 2010. 7. He was honorably discharged from the ARNG on 15 August 2012. His NGB Form 22 (Report of Separation ad Record of Service) shows he completed 8 years, 11 months, and 12 days of ARNG service. 8. His ARNG Form 23B (ARNG Annual Statement) shows he completed 8 years, 11 months, and 12 days of qualifying service towards on-regular retirement. 9. He provides a memorandum, 5 February 2021, Subject: Completing Closed Year Payments and FY21 SRIP Update, wherein the NGB Chief of Incentives Oversight Branch stated: a. State Incentive Managers (IM) with Soldiers in this population (Enclosure 1) will send a certified letter (Enclosure 2) to each Soldier's last known address using the address from Lexus Nexus with assistance from the State JAG Office. Once the State IM mails the certified letter, they will upload a copy of the letter into GIMS and close out the incentive. If the Soldier elects to pursue the overdue payment, the State IM will assist with submitting their case to the Army Board for Correction of Military Records. State IMs should reference the memorandum of instruction (Enclosure 3) for specific guidance. b. On 30 September 2021, the NGB will close out all out of service Barring Act cases that the State has not completed. The Closed Year Checklist that accompanies the MOI (Enclosure 3) is an update from the FY21 SRIP (Enclosure 11) and provides further clarification of the required documents. c. Updates FY21 SRIP paragraph 2c and includes applicants assigned to a deployable Table of Distribution and Allowances unit, to include Cyber, will be processed IAW the eligibility requirements addressed in the FY21 SRIP for each specific incentive. 10. On 16 September 2022, the National Guard Bureau (NGB) rendered an advisory opinion in the processing of this case. An advisory official stated the Soldier requests to receive the final installment of his enlistment bonus of $2,400. The NGB recommend approval. a. The applicant states that he was contacted by the Oregon Army National Guard (ORARNG) state incentives manager stating that a recent audit of unpaid incentives indicates that he might be entitled to a previously earned enlisted bonus payment. He further states that he was deployed to Iraq and was not aware of the error until he was contacted by his state informing him that he was due an unpaid portion of his enlistment bonus. b. Per the ORARNG, the service member is entitled to payment of an unpaid enlistment bonus. As the National Guard Bureau cannot process payments once the entitlement date reaches 6 fiscal years or older, the entitlement enters a "closed year" status regardless of the reason the incentive payment was not processed. c. The Soldier's final payment fell under The Barring Act due to its age. Any payments greater than six (6) years (including the current FY) require an ABCMR approval for NGB to process them. d. Based on a review of the service members packet and the enclosed documentation provided by the ORARNG, this office recommends the former Soldier be paid the final installment of his enlistment bonus of $2,400. 11. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments and/or a rebuttal. He did not respond. BOARD DISCUSSION: The Board carefully considered the applicants request, supporting documents, evidence in the records, and regulatory guidance. The Board considered the applicant's statement, the medical records, and the review and conclusions of the advising official. The Board noted that the applicant states he was not paid his final installment of his signing bonus in the amount of $2,400. He enlisted in the ORARNG and agreed to serve as a member of an ARNG unit for a period of 6 years. In exchange, he signed and Enlistment Bonus Addendum which promised him a $3,000 enlistment bonus. He did not receive the full amount. The Board reviewed and agreed with the advisory opinion that the applicant is entitled to payment of an unpaid enlistment bonus. The Board voted to grant relief. 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 and Army National Guard records of the individual concerned be corrected by: * Showing the applicant timely submitted an exception to policy to the National Guard Bureau for payment of the final installment of his enlistment bonus in the Oregon Army National Guard * Showing the National Guard Bureau timely received and approved his exception to policy * Paying him the final installment of his enlistment bonus in the Oregon Army National Guard in accordance with his incentive agreement 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 ABCMR determines it would be in the interest of justice to do so. 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, 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. 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), provides Army National Guard policies and implementation of Selected Reserve Incentive Programs. It sets responsibilities, suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. It provides in provides in part, that for enlistment bonus payment, suspension, or termination procedures, the unit commander will: a. Certify the Bonus report to verify eligibility for payment or cause for suspension or termination and submit the original report to the state incentive manager on a transmittal letter; and b. The state incentive manager will verify continued eligibility for payment and correct duty date or the proper codes and dates for suspension or termination. The state incentive manager will submit verification in accordance with state policy to the military pay branch. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013897 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1