IN THE CASE OF: BOARD DATE: 14 December 2022 DOCKET NUMBER: AR20220003590 APPLICANT REQUESTS: payment of his Non-Prior Service Enlistment Bonus (NPSEB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) online application * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) NPS Bonus Addendum) * Orders Number 331-1073, published by Joint Force Headquarters, California Army National Guard (CAARNG) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. 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, in effect: a. His enlistment bonus of $7,500.00 has been withheld since 2015 due to an incorrect Unit Identification Code (UIC). He enlisted in UIC RVRB0 but was transferred to RVRAO, during a battalion Modification Table of Organization and Equipment (MTOE) reorganization. b. Per his enlistment bonus contract, because he was moved to a different unit, he had broken the terms of his contract and thus his bonus was withheld; however, the transfer was due to no fault of his own as it was not initiated by him. He was shuffled to a different company in the same battalion during and MTOE reorganization. c. An enlistment bonus was offered to him and it has been over 7 years since he has received it. Cases like this are not uncommon in the military and degrades morale and compromises the integrity of the fighting force. 3. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 4 shows he enlisted in the CAARNG on 13 February 2015 for a period of 8 years. In conjunction with this enlistment NGB Form 600-7-1-R-E, dated 13 February 2015 was completed, which shows the applicant enlisted for a bonus in Military Occupation Specialty (MOS) 35M (Army Human Intelligence Collector), in UIC WRVRB0. He was enlisting for a period of 6 years and would receive a bonus of $7,500.00. The bonus would be paid in three installments. The first 50 percent would be processed upon becoming MOS qualified, the second 25 percent would be paid on his third-year anniversary, and the final 25 percent would be paid on his fifth-year anniversary. He certified he was enlisting in a valid, vacant position. The bonus could be suspended if: * he entered a period of non-availability in the Inactive National Guard * received a flag for adverse action He would continue to receive his bonus if: * his MOS changed due to unit transition, inactivation, relocation, reorganization or conversion * he accepted a temporary military technician assignment tour for less than 180 days * he was performing active duty operational support * he accepted a position as a Regional Training Institute instructor * he was mobilized or deployed * he accepted a cadre position in the Recruit Sustainment Program * he returned from an authorized period of non-availability and extended his enlistment to cover the period of non-availability * upon transfer to the U.S. Army Reserve if he continued to serve in the same MOS * he volunteered to become 18-series qualified * he changed his MOS due to normal career progression * if non-deployable and assigned to a rear derivative UIC of his parent unit who was deployed His bonus would be terminated, with recoupment, if: * the addendum was signed before or after the execution date of the DD Form 4 * he voluntarily changed his enlistment MOS * he accrued one or more unexcused absences * he became categorized as an unsatisfactory participant * he was separated from the ARNG due to death, injury, illness, or other impairment as a result of his own misconduct * he failed to extend for the period of service, while in an unauthorized period of non-availability * he was excess with a code of 9993 * he was discharged with a flag not closed favorably * he had two consecutive army physical fitness test failures * he failed to maintain medical and dental readiness * he lost his MOS due to removal of security clearance * he separated from the ARNG for enlistment on active duty * he voluntarily transferred within the state or completed an interstate transfer * he voluntarily retired from active drilling status * he was medically discharged by his own misconduct * he failed to return to his contracted UIC and MOS * he accepted a promotion outside of his MOS b. On 11 May 2015, the applicant entered active duty for training. c. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) on 12 May 2017, which shows he was transferred back to his unit and had been awarded MOS 35M. d. Orders Number 142-1007, published by the Joint Force Headquarters, CAARNG, dated 22 May 2017, shows his UIC was RVRB0, and he was released from attachment from the UIC of 90ED2, effective 22 May 2017, for the purpose of previous attachment for administration/training/pay. e. Orders Number 154-1004, published by the Joint Force Headquarters, CAARNG, dated 3 June 2017, shows his UIC was RVRB0, and he was attached to the UIC of RVRA0 effective 1 June 2017, for the purpose of administration/training/pay. f. Orders Number 255-1012, published by the Joint Force Headquarters, CAARNG, dated 12 September 2017, shows his UIC was RVRB0, and he was released from attachment from the UIC of RVRA0, effective 11 September 2017, for the purpose of previous attachment for administration/training/pay. g. Orders Number 229-1001, published by the Joint Force Headquarters, CAARNG, dated 26 October 2017, shows his UIC was RVRB0, and he was attached to the UIC of RVRAO, effective 23 October 2017, for the purpose of administration/training/pay. h. Orders Number 331-1029, published by the Joint Force Headquarters, CAARNG, dated 27 November 2017, show his UIC was RVRB0, and he was released from attachment from the UIC of RVRA0, effective 21 November 2017, for previous attachment for administration/training/pay. i. Orders Number 331-1073, published by the Joint Force Headquarters, CAARNG, dated 27 November 2017 released him from the UIC of RVRB0 and transferred him to the UIC of RVRA0, effective 27 November 2017. His excess code was YYYY. There is no indication on the orders whether this was a voluntary transfer or done because of a change in the MTOE or reorganization of his original unit. 4. On 30 January 2023, the National Guard Bureau, Chief, Special Actions Branch, rendered an advisory opinion in the processing of this case. He opined: a. The Soldier enlisted in the California Army National Guard (CAARNG) on 13 February 2015 and signed a NPSEB contract for a $7,500 bonus paid in three installments. The Soldier was moved from B company to A company of the same Battalion and remained in good standing according to eligibility requirement. CAARNG Incentives found no violations at fault of the Soldier. b. Recommendation for board approval and for the Soldier to submit a closed year packet once ABCMR determination has been made. This opinion was coordinated with the CAARNG and with input from ARNG Incentives Branch 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 National Guard Bureau, Chief, Special Actions Branch advisory opinion, the Board concurred with the advisory official finding it was by no fault of the applicant he was moved from B company to A company of the same Battalion. The Board noted the applicant remained in good standing according to eligibility requirement. Based upon a preponderance of the evidence, the board determined there is sufficient evidence to grant relief. Such relief shall result in the applicant receiving his NPSEB of $7,500.00. 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 records of the individual concerned be corrected by awarding the applicant his NPSEB of $7,500.00. 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, 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. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. It further states termination and recoupment, if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs (SRIP)) provides policies, procedures, and implementation of Selected Reserve Incentive Programs. This regulation sets responsibilities, lists benefits, describes eligibility criteria and entitlement, sets suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. a. A Non-Prior Service Enlistment Bonus is offered to any person meeting all of the following requirements at the time of enlistment: * Contracts for a term of service for 8 years, of which 6 years must be served in the ARNG * Meets eligibility criteria for enlistment as a Non-prior service (NPS) applicant prescribed by governing ARNG regulations * Enlists for assignment to a position vacancy identified on the published Selected Reserve Incentive Program as a Critical Skill MOS list b. Eligible applicants must complete Army National Guard Enlistment Bonus Addendum (NGB Form 600-7-1-R-E) as part of the enlistment contract at the time of enlistment. NGB Form 600-7-1-R-E will be listed as Annex E on the DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the U.S.) within Remarks. c. Soldiers who contracted for an incentive must be assigned to an incentive eligible unit or incentive eligible critical skill in accordance with the respective fiscal year SRIP policy in order to continue incentive eligibility. A bonus may be terminated with recoupment of incentives if an individual voluntarily moves to a non-bonus unit or MOS unless assigned as a 09S (OCS Candidate), 09R (SMP Cadet). Termination is effective the date of transfer into the new MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003590 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1