IN THE CASE OF: 

		BOARD DATE: 31 January 2023

		DOCKET NUMBER: AR20220003400


APPLICANT REQUESTS: payment of his Prior Service Enlistment Bonus (PSEB) in the 
amount of $15,000.00 in the Army National Guard (ARNG).

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Portion of National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD 
Form 4 PSEB Addendum Army National Guard (ARNG) of the United States)
*	Email Chain with the Inspector General (IG)
*	Memorandum, Subject: Rescind Exception to Policy (ETP) approval, PSEB, 
8 October 2021

FACTS:

1.  The applicant states, in effect:

	a.  To further his service, after years of active duty, he enlisted in the Washington 
Army National Guard (WAARNG) on the premise of being paid a $15,000.00 bonus. 
The bonus has since been found to not be allowed to be paid on a technicality after he 
involved the IG and NGB. There was no reasonable expectation for him to have known, 
at the time, the bonus was not able to be offered to him by the recruiter and the Military 
Entrance Processing Station (MEPS). He had an agreement in his enlistment contract 
to be paid the bonus but then it was out right denied in October of 2021 by the NGB on 
the basis of them not being able to pay that amount, which was contrary to his enlisted 
contract which was approved and signed by the MEPS. 

	b.  This is an injustice against him as he agreed to the contract on the terms which 
included the $15,000.00 bonus. He believes the denial to be in error due to the agreed 
upon contract terms stated in the enlistment packet and signed on behalf of the ARNG 
and him. After months of turmoil and false direction, and final collaboration with 
Senators and the IG, the final denial was based on the ARNG's inability to pay that 
amount. The applicant promised to serve 3 years in order to receive a $15,000.00 
bonus without knowing that the amount he was promised and signed for was unable to 
be paid by the ARNG. 
	c.  He had served previously and currently serves honorably with complete 
dedication to service to the country. The intention of his enlistment in the ARNG was on 
the agreement of receiving the $15,000.00 bonus. This is unjust and a false promise 
and agreement.

2.  The applicant's service records contain the following documents for the Board's 
consideration: 

	a.  DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 3 July 2014 
for a period of 8 years. 

	b.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows, while 
in the USAR, he entered active duty on 22 September 2014 and was released on 
21 February 2015. He completed 5 months of active duty. 

	c.  DD Form 368 (Request for Conditional Release), dated 9 July 2015, shows the 
applicant requested and was approved for release from the USAR to enlist in the 
Regular Army. 

	d.  DD Form 4 which shows the applicant enlisted in the Regular Army on 9 July 
2015 for a period of 3 years and 9 weeks. 

	e.  DD Form 214 shows the applicant was honorably released from active duty on 
7 September 2020. He completed 5 years, 1 month, and 29 days of active duty service 
with 5 months of prior active duty service and 7 months and 6 days of prior inactive duty 
service. Item 11 (Primary Specialty) shows 11B (Infantryman)

	f.  DD Form 368, dated 30 September 2020, shows the applicant requested and was 
approved for release from the Regular Army for enlistment in the ARNG.

	g.  DD Form 4 which shows the applicant enlisted in the ARNG on 30 September 
2020, for a period of 3 years in military occupational specialty 11B. In conjunction with 
this enlistment NGB Form 600-7-6-R-E (Annex X to DD Form 4 PSEB Addendum 
ARNG of the United States) shows the applicant agreed to serve 3 years in the ARNG 
to receive a $15,000.00 PSEB in a lump sum within 180 days after reporting to his unit. 

	h.  Memorandum, Subject: Rescind ETP approval PSEB for the applicant, dated 
8 October 2021, which states, in effect:

		(1)  An ETP request on behalf of the applicant to retain the $15,000.00 PSEB 
was approved, but after subsequent review, a $15,000.00 Enlisted Affiliation Bonus 
(EAB) incentive was not offered in the ARNG FY 20-01 Selected Reserve Incentive 
Program (SRIP). At the time of enlistment, the only bonus the applicant qualified for was 
a three year $5,000.00 EAB. 

		(2)  At the applicant's request, further analysis revealed the previous ETP 
approved by Colonel M- on 24 June 2021, was incorrectly approved and is now 
rescinded. The ARNG does not have the authority to grant bonuses contrary to policy 
and law in effect at the time of the applicant's enlistment contract. 

		(3)  The only authorized payment the ARNG could offer the applicant is the 
$5,000.00 EAB. The applicant may file a claim with the Army Board for Correction of 
Military Records if he believes there is an error or injustice. 

3.  The applicant provides an email chain from the IG, not previously considered, for the 
Board's consideration, which states in pertinent part, the IG's initial inquiry had found 
that the applicant was issued a bonus contract that he was ineligible to receive. At the 
time, he had not completed his initial obligation and was not eligible for a PSEB. As this 
was done through no fault of the applicant, an ETP was being prepared to request he 
be allowed to receive the bonus. 

BOARD DISCUSSION:

After reviewing the application, all supporting documents, and the evidence found within 
the military record, the Board found that relief was partially warranted. The applicant’s 
contentions, the military record, and regulatory guidance were carefully considered. The 
Board noted that the applicant signed an enlistment contract that promised him an 
incentive he was ineligible to receive as he had not completed his initial obligation and 
was not eligible for a PSEB. As this was done through no fault of the applicant, he 
submitted an ETP that was initially approved but later rescinded. The Board reviewed 
and agreed with the advisory official’s finding that the only authorized payment the 
ARNG could offer the applicant is the $5,000.00 Enlisted Affiliation Bonus (EAB). At the 
time of his enlistment, in the ARNG FY 20-01 Selected Reserve Incentive Program 
(SRIP), the only bonus the applicant qualified for was a three year $5,000.00 incentive. 
The Board determined as a matter of fairness he should be paid this $5,000 incentive. 
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a 
recommendation for partial 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 signed an Enlisted Affiliation Bonus (EAB) Addendum that 
promised him a $5,000 incentive, in connection with his enlistment in the Army 
National Guard on 30 September 2020 for 3 years 
•	showing the Army National Guard assigned a bonus control number and entered 
his incentive in the Army National Guard Incentive Management System (GIMS) 
•	paying him the promised incentive in accordance with the EAB Addendum as a 
result of this correction 

2.  The Board further determined that the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to the $15,000 Prior Service Enlisted Bonus incentive.

	 
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:

ARNG FY20 SRIP Policy, Subject:  The ARNG SRIP Policy for FY2020, dated 
1 October 2019 states:

	a.  The PSEB is authorized in accordance with Title 37 United States Code (USC), 
Chapter 5, Subchapter II and DODIs 1304.31 and 1205.21 to individuals with previous 
military service after a break in active duty or reserve duty and reenlist in the Selected 
Reserve. Applicants applying for Urgent MTOE units. Soldiers who are not duty MOS 
qualified must complete training within 24 months of date of enlistment. Eligibility:

		(1)  Skill level 4 or below. Grade commensurate with position or position no 
greater than one grade above the Soldier current grade. 

		(2)  Received an honorable discharge for all prior periods of service. 

		(3)  Not separated from active service or being released from active service for 
the purpose of enlistment in a reserve component. 

		(4)  Have less than 16 years of total military service at time of enlistment. 

		(5)  Have not previously received the PSEB.

		(6)  3 year duty MOS qualified member will be paid in a lump sum after reporting 
to the unit of assignment.

	b.  Enlisted Affiliation Bonus the EAB is authorized in accordance with Title 37 USC, 
Chapter 5, Subchapter II and DODIs 1304.31 and 1205.21. The ARNG authorizes this 
incentive to those serving on Active Duty Army transitioning through the Reserve 
Component Career Counselor (RCCC) or to a service member currently assigned to the 
Individual Ready Reserve (IRR) with a remaining Military Service Obligation (MSO) and 
last period of service was the Active Component. Eligibility:

		(1)  Skill level 4 or below (grade E7 and below). Grade commensurate with 
position or position no greater than one grade above Soldier current grade.

      (2)  Received Honorable discharge for all prior periods of service.  General under 
Honorable Conditions for any period of service is not eligible.  (Exception: Soldiers who 
completed Initial Active Duty Training (IADT) with an uncharacterized discharge).  
   
   (3)  Have less than 16 years of total military service at contract start date.
   
         (4)  Enlist in an MOS on Enclosure 5 (EAB Critical MOS list) and the Top 10 
State/Low Density List (by Quarter).

	c.  For both the PSEB and the EAB only a $5,000.00 bonus was offered.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220003400


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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