IN THE CASE OF:  
 
  BOARD DATE: 8 August 2023 
 
  DOCKET NUMBER: AR20230001411 
 
 
APPLICANT REQUESTS:   
 
• payment of the remainder of her Non-Prior Service Enlistment Bonus (NPSEB) 

• payment of her $4,000.00 Reenlistment Bonus (REB) 


 
APPLICANT'S SUPPORTING DOCUMENT(S) 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 NPSEB Addendum) page 3 

• DA Form 2823 (Sworn Statement) 

• NGB Form 333 (Discrimination Complaint in the Army and Air National Guard) 

• Headquarters (HQs), California Army National Guard (CAARNG) Memorandum, Subject: Completed Incentive Eligibility Audit 

• Email from the applicant 

• State of CA Military Department Office of the Adjutant General (TAG) Memorandum, Subject: Bonus and Student Loan Repayment Program (SLRP) Incentive Debts 

• Email from Soldier Incentive Assistance Center (SIAC), 14 March 2017 

• Email from SIAC, 26 June 2017 

• E-mail from SIAC, 27 June 2017 

• NGB Form 22 (Report of Separation and Record of Service) 


 
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, she reenlisted in the ARNG in 2015 and when she inquired about the payment of her REB, she was told that it could not be paid because her NPSEB was not paid in full because she was reassigned to another unit and had to be reclassified into a different Military Occupational Specialty (MOS) than which she 
enlisted for due to no vacancies (at her new unit) of her MOS were available. She appealed the denial of the payment of her bonuses due to special circumstanced of her reassignment and was told that her bonuses would be paid; however, she never received her bonus payments.  She was reassigned to another unit at the recommendation of the Sexual Assault Response Coordinator (SARC) because she had been sexually assaulted in her unit.  
 
3.  A review of the applicant's service record shows: 
 
 a.  The applicant enlisted in the ARNG on 29 May 2009 and was eligible for a $10,000.00 NPSEB for enlisting in MOS 92A (Automated Logistical Specialist). NGB Form 600-7-1-R-E states she would receive three payments for the NPSEB. The first 50 percent upon completion of her initial active duty for training and verification of MOS qualification. The second 20 percent would be paid on the third anniversary of her enlistment and the final 30 percent payment would be on her sixth anniversary of her enlistment. It also states that the bonus may be terminated with recoupment if she voluntarily was transferred out of the unit or MOS for which the bonus was approved. 
 
 b.  DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was ordered to active duty for training on 22 September 2009 and she was honorably released from active duty on 26 February 2010 and completed training for MOS 92A.  
 
 c.  On 17 May 2013, Orders Number 137-1033, issued by the CAARNG, the applicant was released from the 224th Sustainment Brigade and reassigned to the 756th Transportation Company, effective 17 May 2013. 
 
 d.  The applicant achieved course standards for 88M (Motor Transport Operator) during the period of 25 April 2014 through 23 May 2014. 
 
 e.  On 17 September 2014, Orders Number 260-1003, issued by the CAARNG, the applicant was awarded the primary MOS 88M and the secondary MOS 92A, effective 23 May 2014. 
 
 f.  The applicant extended her enlistment in the ARNG on 18 May and 27 May 2015. 
 
 g.  The applicant reenlisted/extended in the ARNG on 23 June 2015 and was eligible to receive a REB in the amount of $4,000.00 lump sum for a 2-year reenlistment. NGB Form 600-7-3-R-E (Annex R to DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) REB Addendum ARNG) states the REB may be terminated with recoupment if the applicant voluntarily changed her MOS during the contractual obligation or became an unsatisfactory participant. 
 
 h.  The applicant was honorably discharged from the ARNG effective 28 May 2018. NGB Form 22 shows the applicant completed 9-years of service. 
 
4.  The applicant provides: 
 
 a.  DA Form 2823 dated 26 March 2013 which describes the sexual harassment incident which occurred while the unit was attending annual training and the reaction of the company commander.  
 
 b.  NGB Form 333 shows the applicant filed a discrimination complaint regarding sexual harassment and reprisal when the commander attempted to get the applicant to sign a counseling statement which stated she was not sexually harassed when she reported it to the chain of command. She requested a no contact order on the suspect and to be transferred to another unit. The applicant also felt intimidated by the commander's statements of her military police experience.  
 
 c.  HQs, CA ARNG memorandum dated 21 April 2015 which stated an audit of the applicant's bonus incentive was reviewed and it was determined her incentive accounts were correct and there was no further action due on her part. 
 
 d.  Email dated 14 May 2016 shows the applicant inquired about the status of her bonus.  
 
 e.  CA TAG Memorandum, Subject: Bonus and SLRP Incentive Debts regarding receipt of fraudulent incentive unknowing to the Soldier. The SIAC had assisted Soldiers to have debts forgiven or have records corrected which enabled them to comply with the terms of the incentive contracts. Many still had errors in their records due to the SIAC not being able to contact them. The TAG encouraged leaders to contact their Soldiers to ensure they contact the SIAC. 
 
 f.  Email dated 14 March 2017, the SIAC contacted the applicant and requested information regarding her bonus inquiry. The applicant responded and informed the SIAC that she was due a portion of her 2009 NSPEB and her 2015 REB. On 20 March 2017 the SIAC informed the applicant her NPSEB was terminated due to her change in MOS during the contractual period. This had prevented the payment of her REB. The SIAC recommended the applicant apply for an exception to policy through the NGB. A subsequent email dated 21 March 2017 informed the applicant the second bonus could not be paid until the first bonus was corrected. 
 
 g.  Email from the SIAC dated 26 June 2017 which informed the applicant the Army Review Boards Agency (ARBA) was reviewing cases regarding the relief of debt. ARBA, the SIAC and Defense Finance and Accounting Service have been working to determine who may be eligible for the waiving of a debt. The SIAC was collecting 
current mailing addresses, e-mail addresses, and banking information for potential individuals. 
 
 h.  Email from the SIAC dated 27 June 2017 which stated the applicant's category 1 memorandum was unable to be located which means she was fully eligible to receive her incentive and she was advised to contact the G1 for resolution of her incentive. In a subsequent email dated 15 March 2018 the applicant was following up on the status of her bonus payments. 
 
5.  On 3 July 2023, in the processing of this case, the NGB, provided an advisory opinion regarding the applicant's request for the payment of her 2009 NPSEB and her 2015 REB. The advisory official recommended approval of the applicant's request. 
 
 a.  The applicant a member of the California Army National Guard (CAARNG) enlisted for 8 years as a 92A, with an enlist bonus of $10,000.00 on 29 May 2009. The bonus was for a critical UIC/Skill per SRIP policy to serve no less than six years in a paid drill status and was to be paid in three installments, the first 50% installment would be paid upon completion of IADT and verification of MOS qualification. A second 20% installment would be paid on the Soldier’s third year anniversary of their enlistment and a final 30% installment would be paid on her sixth-year anniversary of her enlistment. The soldier claims her bonus was terminated because she switched units and MOS before her contract ended. 
 
 b.  Soldier states in her ABCMR claim that she transferred out of her contracted UIC and changed her MOS on 17 May 2013 per order number 137-1033. This action is a violation of the Non-Prior Service Enlistment Bonus Addendum signed by the Soldier on 29 May 2009. The Soldier also contends that she transferred out of her UIC due to  
emotional stress caused by being sexually harassed by a member of her unit.  
 
 c.  In 2015 the Soldier Incentive Assistance Center sent the applicant a memorandum informing her that she was entitled to retain the remaining three thousand dollars from her Non-Prior Service Bonus after doing an audit of her records and determining that her transfer out of the contracted UIC and MOS change was due to her Sexual Assault Response Coordinator (SARC). The audit determined that SARC related transfers are not punishable with termination or loss of incentive. 
 
 d.  It is the recommendation of this office that the applicant’s request to have her third installment of her 2009 NPSEB be paid, because the SARC recommended the Soldier’s transfer due to the Soldier being sexually harassed. Additionally, the Soldier had to change her MOS because there were no vacant jobs in her current MOS at the time. Further recommend approval to have the Soldier’s 2015 reenlist/extension bonus lump sum of $4000.00 be paid once the 2009 NPSEB is paid in full and close out, which would allow the CAARNG to make payment.  
 e.  The opinion was coordinated with the assistance of the CAARNG and the Army 
National Guard Incentives office. 
 
6.  On 10 July 2023, the ARBA, Case Management Division, provided the applicant the advisory opinion for review and comment. The applicant responded on 20 July 2023 via email stating she concurred with the NGB advisory. 
 
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 applicant's contentions, the military record, and regulatory guidance were carefully considered. The Board reviewed and agreed with the NGB advisory official’s finding that in 2015, after the audit of the applicant's records it was determined the applicant's reassignment was into the non-bonus MOS was due to a SARC case and determined SARC related reassignments were not punishable with termination or loss of an incentive. The Soldier Incentive Assistance Center sent the applicant a memorandum informing her that she was entitled to retain the remaining $3,000.00 of her NPSEB. The Board determined the applicant should be paid her third installment of her NPSEB and as well as her REB. 
 
BOARD VOTE: 
 
Mbr 1 Mbr 2 Mbr 3 
 
xx: xx: xx: 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 requested an exception to policy for payment of the remaining $3,000 of her non-prior service enlistment bonus (NPSEB), and the National Guard Bureau (NGB) timely received and approved her exception to policy for payment 

• the applicant requested an exception to policy for payment of the $4000 reenlistment/extension bonus and the NGB timely received and approved her exception to policy for payment 

• paying to the applicant the remaining portion of her NPSB, and her REB as a result of this correction 


 
  8/8/2023

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.  National Guard Regulation (NGR) 600-7 (Selective Reserve Incentive Programs), prescribes policies and procedures for the administration of the Army National Guard of the United States (ARNGUS) incentive programs.   
 
a.  Paragraph 1-11c, Soldiers enlisted after 1 October 1996, who voluntarily transfer within the State or Interstate transfer for reasons other than in paragraph 1-11a, will be governed by the following: (1) Soldiers who contracted for a bonus must transfer into the same MOS in order to retain their bonus or eligibility will be terminated with recoupment. (2) Soldiers who transfer out of a unit and MOS identified for bonus into another unit and MOS identified for bonus will retain their bonus eligibility but will be suspended from payments until they become qualified in and awarded the MOS for their position. They are allowed 24-months to become qualified or their bonus will be terminated with recoupment. 
 
b.  Paragraph 1-20 (Termination), A Soldier's incentive eligibility and entitlement stop when any of the termination reasons listed within the applicable chapters of this regulation apply. Although the Soldier's entitlement to the incentive is terminated, the  
Soldier's responsibility to serve the current statutory or contractual obligation remains.  
Once a Soldier has been terminated, reinstatement of eligibility is not authorized. The unit commander or an authorized unit representative will initiate termination  
procedures when a Soldier is terminated from an incentive. Repeat APFT failure of failure to meet body fat standard within a 1-year period will result in the suspension of an incentive. Two consecutive APFT or body fat standard failures will result in the termination of an incentive.  
c.  Paragraph 2-4 (Entitlement), a. An initial enlistment bonus payment will not be processed until a Soldier has: (1) Met the requirements of a secondary school graduate prior to the completion of Initial Active Duty for Training (GED requires State issued certificate), (2) Completed IADT, (3) Qualified for and been awarded the contracted primary MOS. c. Subsequent payments will not be processed unless a Soldier remains: (1) MOS qualified in the contracted MOS and bonus unit. Cannot be in an over-strength position or coded as excess and  (2) A satisfactory participant. 
d.  Chapter 3 (Selected Reserve Incentive Program – Reenlistment/Extension Bonus) provides that an enlisted member of the Selected Reserve who has completed less than 14-years of total military service and who voluntarily re-enlists or extends in a designated skill or unit for three years may be paid a bonus upon their currently scheduled Expiration Term of Service (ETS). Reenlistment or extension for this incentive is in accordance with the Law.  
 
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