IN THE CASE OF: BOARD DATE: 7 September 2022 DOCKET NUMBER: AR20220000988 APPLICANT REQUESTS: correction of his record to show he was paid the first half of his 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 (Enlistment Reenlistment Document Armed Forces of the United States), dated 26 February 2013 * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 Non- Prior Service Bonus Addendum Army National Guard (ARNG)), dated 26 February 2013 * Orders Number 3182010, dated 26 February 2013 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 November 2013 * NGB Form 594-1 (Army National Guard Simultaneous Membership Program Agreement), dated 4 November 2015 * DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Non- Scholarship Cadet Contract), dated 26 February 2016 * Orders Number 151-127, dated 31 May 2017 * NGB Form 22 (Report of Separation and Record of Service) for the period ending 4 May 2017 * DA Form 71 (Oath of Office – Military Personnel), dated 5 May 2017 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 (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 signed an enlistment contract with a bonus incentive. According to the contract, he should have received the first half of the bonus incentive after completing Basic Combat Training and Advanced Individual Training (AIT). He completed AIT in 2013 and did not join the ROTC program until 2015. He believes he never received the first half of the bonus incentive listed in his contract. Since he completed the required training and the contract was still valid at the time, he believes he should still be paid what is owed to him. 3. A review of the applicant's official record shows the following: a. On 26 February 2013, the applicant enlisted into the ARNG for a period of 8 years. He enlisted for a critical skill bonus in military occupational specialty (MOS) 12K (Plumber). In conjunction with his enlistment, he signed NGB Form 600-7-1-R-E showing the following: (1) Section III (Bonus Amount and Payments) of Annex E states, in pertinent part, the applicant would receive a total bonus in the amount of $7,500.00 less taxes in MOS 12K in Tier Level 4. The bonus would be paid in three installments. The first 50 percent payment will be processed upon successful completion of AIT and verification of qualification in both Standard Installation/Division Personnel System (SIDPERS) and the Information Management and Reporting Center(iMARC)/Guard Incentive Management System (GIMS). (2) Section VI (Termination) the bonus would be terminated if he voluntarily changed his MOS during the contractual obligation unless assigned as an 09S Officer Candidate School candidate or 09R Simultaneous Membership Program Cadet. The effective date of termination would be the date reflected on the transfer order. b. On 26 February 2013, Orders Number 3182010, issued by the Military Entrance Processing Station, Forest Park, GA, shows the applicant was ordered to initial active duty for training on 1 July 2013 for the completion of Basic Training and AIT. c. DD Form 214 shows he entered active duty on 1 July 2013 and was honorably released from active-duty training on 1 November 2013. Upon release from active-duty training, he was transferred to the ARNG. He completed 16 weeks of training and was awarded MOS 12K. The applicant completed 4 months and 1 day of net active service this period. d. On 4 May 2017, NGB Form 22 shows he was discharged from the ARNG to accept appointment as a commissioned officer. e. On 5 May 2017, DA Form 71 shows the applicant executed an Oath of Office and was appointed as a Reserve commissioned officer. 4. The applicant provides: a. NGB Form 594-1 showing he signed a ARNG Simultaneous Membership Program Agreement on 4 November 2015. b. DA Form 597 showing he signed an Army Senior ROTC Non-Scholarship Cadet Contract on 26 February 2016. 5. On 18 August 2022, the Chief, Personnel Policy Division of the National Guard Bureau recommended approval of the applicant's request to receive the first half of his enlistment bonus. In pertinent part, he stated: (1) The applicant completed AIT in 2013 and did not join the ROTC program until 2015. He states that he never received the first half of the bonus incentive listed in his contract. Upon coordination with the ARNG, it is determined the applicant is entitled to the initial installment payment for 2 November 2013 as outlined in his bonus agreement. Any subsequent installments were forfeited once he signed a NGB Form 594-1 to contract as a cadet on 4 November 2015. (2) The ARNG concurs with this opinion. The Army National Guard Incentives Branch did not provide input regarding this opinion. 6. On 26 August 2022, the applicant was provided a copy of the advisory opinion to provide comment. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. he 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 Chief, Personnel Policy Division of the National Guard Bureau (NGB) opinion, the Board concurred with the advising official finding the applicant completed advance individual training (AIT) in 2013 and did not join the ROTC program until 2015. Evidence show upon coordination with the ARNG, it is determined the applicant is entitled to the initial installment payment for 2 November 2013 as outlined in his bonus agreement. Based on this the Board granted relief to correct the applicants record to reflect he was paid the first half of his Non-Prior Service Enlistment Bonus (NPSEB). 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 be paid the first half of his Non-Prior Service Enlistment Bonus (NPSEB). 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. ADMINISTRATIVE NOTE(S): N/A REFERENCES: 1. Title 10, 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 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 2013, effective 1 January 2013 through 30 September 2013 (Policy Number 13-01). This policy applies to any individual entering or serving in a traditional status in the ARNG effective 1 January 2013. The SRIP assists leadership and personnel managers in meeting and sustaining ARNG readiness requirements. The programs also provide recruiting and retention incentives to assist in filling critical shortages. In pertinent part, the ARNG SRIP Policy Guidance states, the NPSEB is paid in three installments provided the Soldier was a secondary school graduate prior to attending AIT. "Installment 1: A 50 percent payment upon successful completion of AIT and verification of qualification in both SIDPERS and iMARC/GIMS." //NOTHING FOLLOWS//