BOARD DATE: 15 December 2015 DOCKET NUMBER: AR20150003750 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests an exception to policy (ETP) to be paid a Prior Service Enlistment Bonus (PSEB) in the Florida Army National Guard (FLARNG). 2. The applicant states, in effect: * he was in the U.S. Army Reserve (USAR) and, in 2008, was granted a conditional release so he could join the Florida Army National Guard (FLARNG); he was supposed to receive a PSEB of $15,000, but never received it * `after joining, he was involuntarily cross-leveled to another unit after which he deployed * during his deployment he tore his anterior cruciate ligament (ACL) (one of the four main ligaments in the knee) * when he redeployed he was placed in a medical holding unit while his ACL was repaired; he was to attend Military Occupational Specialty Qualification School (MOSQ) for MOS 12N (Horizontal Construction Engineer), but could not go because of his medical treatment * additionally, at the time of his enlistment, he was given an obsolete bonus addendum to sign and the bonus control number was requested after he signed the addendum * an ETP was submitted through his chain of command and the National Guard Bureau (NGB) initially granted this request; after a review, however, the NGB reversed their decision * he believes he should have been allowed to receive the PSEB; he enlisted in the FLARNG, in part, because they offered this bonus and, he maintains, he fulfilled his contractual obligations in good faith 3. The applicant provides: * memorandum, dated 4 October 2013, from the NGB, subject: Request for ETP for PSEB [applicant] * memorandum, dated 3 January 2013, from the NGB, subject: Second Review for ETP for PSEB [applicant] (This ETP supersedes the ETP request dated 4 October 2013) * memorandum, dated 24 April 2013, from the FLARNG, subject: ETP for [applicant] * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the U.S.) * DD Form 368 (Request for Conditional Release) * NGB Form 600-7-6-R-E (Annex X to DD Form 4 or DA Form 4836 (Oath of Enlistment or Reenlistment) PSEB Addendum ARNG of the U.S.) * DD Form 1966 (Record of Military Processing - Armed Forces of the U.S.) * DA Form 2823 (Sworn Statement), prepared and signed by the applicant on 2 August 2012 * Orders Number 366-395, dated 24 June 2009, issued by the FLARNG * Orders Number 253-125, dated 10 September 2009, issued by U.S. Army Installation Management Command (IMCOM) * Orders Number 147-1031, dated 27 May 2010, issued by IMCOM * Orders Number A-07-020825, dated 20 July 2010, issued by U.S. Army Human Resources Command (HRC) * Orders Number A-08-023667, dated 20 August 2010, issued by Headquarters, U.S. Army Medical Command (MEDCOM) * Orders Number 313-010, dated 9 November 2011, issued by the FLARNG CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR on 11 March 2006. His official military personnel file (OMPF) contains the following relevant documents from his prior enlistment: a. Selected Reserve Incentive Program - Enlistment Bonus Addendum, signed by the applicant on 11 March 2006, which shows he accepted a $20,000 bonus based on enlisting for 6 years in the USAR in a bonus MOS (97E (Human Intelligence Collector)) and was assigned to Company B, 373th Military Intelligence Battalion. An email from the Defense Finance and Accounting Service (DFAS), dated 4 December 2015, confirms the applicant was never paid this enlistment bonus. b. Orders Number 07-180-00067, dated 29 June 2007, issued by Headquarters, 81st Regional Readiness Command (RRC), showing the applicant's Troop Program Unit (TPU) to TPU reassignment from Company B, 373th Military Intelligence Battalion to the 81st RRC Trainees, Transients, Holdees, and Students (TTHS) Account effective 29 June 2007. There is no entry explaining why he was assigned to the TTHS Account. c. DD Form 214, for the period ending 24 June 2008, showing the applicant completed active duty for training and was awarded MOS 63J (Quartermaster and Chemical Equipment Repairer; later redesignated as MOS 91J). d. Orders Number 08-176-00014, dated 24 June 2008, issued by Headquarters, 81st RRC, showing a TPU to TPU reassignment from the 81st RRC TTHS Account to the Army Medical Command (AR MEDCOM) TTHS Account effective 24 June 2008. The order does not state why he was reassigned to this TTHS account. e. Orders Number 08-258-02404, dated 14 September 2008, issued by Headquarters, Army Reserve Medical Command, showing reassignment from the AR MEDCOM TTHS Account to Company B, 396th Medical Hospital effective 14 September 2008. Other than stating this was an involuntary TPU to TPU reassignment for the convenience of the government, it does not show why he was reassigned to a hospital. f. DD Form 368, showing he requested a conditional release from the USAR to join the FLARNG. It is signed by a colonel identified as being the Chief of Staff, on behalf of Brigadier General CAB, Commander, 2nd Medical Brigade, San Pablo, CA. Neither of the approval or disapproval blocks have been checked. Additionally, his available records do not contain any orders issued by HRC which show his membership in the USAR was terminated. 2. After getting the aforementioned conditional waiver on 8 December 2008, the applicant enlisted in the FLARNG on 30 December 2008. 3. On 30 December 2008, he signed an addendum (NGB Form 600-7-6-R-E) to receive a PSEB. 3. On the NGB Form 600-7-6-R-E, he acknowledged the following relevant items: a. He was enlisting for a 6-year PSEB and affirmed he did not have more than 16 years of total military service. He additionally indicated he had not previously received an enlistment, affiliation, reenlistment/extension bonus, or Student Loan Repayment Program, for service in the Selected Reserve. b. He acknowledged he would receive a total bonus of $15,000 for a 6-year enlistment. His initial payment of $7,500 would be processed on the date his enlistment contract took effect and the subsequent payment of $7,500 would be processed on his 4th year anniversary of service in the FLARNG. c. He stated he understood he could be suspended from bonus eligibility if he: (1) entered a period of non-availability (placed in the Inactive National Guard (ING)). The maximum periods of non-availability were: * 1 year for personal reasons * 3 years for missionary obligations (2) was flagged for an adverse action other than a failure to maintain weight standards or pass the Army Physical Fitness Test. d. He acknowledged his bonus eligibility would be terminated and subject to recoupment, in part, if he: (1) exceeded the maximum time in the ING. (2) did not, within 24 months of a voluntary or involuntary transfer, become qualified in and awarded as a primary MOS, the MOS required for his position. 4. Orders Number 366-395, dated 24 June 2009, issued by the FLARNG, ordered the applicant to active duty (AD) as a member of the 631st Maintenance Company, with a reporting date of 25 July 2009. These orders showed his primary MOS as 63J. 5. Orders Number 253-125, dated 10 September 2009, issued by IMCOM, showed he was assigned to the U.S. Army Central Command (CENTCOM) and deployed to Kuwait in support of Operation Iraqi Freedom. He was to proceed on or about 15 September 2009. In the standard name line of the order it showed he was assigned to the 631st Ordnance Company. 6. Orders Number 147-1031, dated 27 May 2010, issued by IMCOM, released him from active duty effective 13 June 2010 and returned him to the FLARNG. In the standard name line of the order he was shown as being assigned to the 631st Maintenance Company. 7. Orders Number A-07-020825, dated 20 July 2010, issued by HRC, ordered him to AD to participate in Reserve Component (RC) Warriors in Transition Medical Retention Processing for the completion of medical care and treatment. He was to report on 16 July 2010. His primary MOS was listed as 91J. 8. Orders Number A-08-023667, dated 20 August 2010, issued by Headquarters, U.S. Army MEDCOM, ordered him to AD to participate in an RC medical hold transfer for the completion of medical care and treatment. He was assigned to Fort Hood, TX, but was to receive treatment at Camp Robinson, AR. His reporting date was 12 September 2010. His primary MOS was listed as 91J. 9. Orders Number 313-010, dated 9 November 2011, issued by the FLARNG, awarded him primary MOS 12N and withdrew primary MOS 91J effective 30 October 2011. 10. On 24 April 2013, the FLARNG requested an ETP for the applicant. The request essentially stated: * the applicant signed an obsolete bonus addendum and the bonus control number was never requested * he signed the contract under a conditional release from the USAR * he was cross-leveled from MOS 21E (Heavy Construction Equipment Operator (later converted to MOS 12N)) to 12N for deployment, then placed on medical hold * when he had the opportunity, he attended MOSQ, but this did not occur until 30 October 2011, more than 24 months after he enlisted * an incentive was offered and the applicant accepted this offer in good faith; he had otherwise fulfilled his obligations under the contract 11. On 4 October 2013, the NGB approved the applicant's ETP. In the approval, they acknowledged the discrepancies identified in the FLARNG memorandum. The NGB approved the ETP as a matter of equity despite the noted discrepancies. 12. On 3 January 2014, the NGB reversed its earlier decision and revoked their approval of the applicant's ETP. a. The basis for this action was that, at the time of the initial approval, it had not been recognized that the applicant had transferred from the USAR to the FLARNG through the use of a conditional release (DD Form 368). The conditional release did not meet the statutory eligibility requirements for a PSEB because it did not represent a release from active duty, an enlistment, an affiliation, reenlistment, or extension. b. Additionally, the applicant had contracted for a Non-Prior Service Enlistment Bonus (NPSEB) when he enlisted in the USAR. Termination of this NPSEB without recoupment was required as a result of his transfer to the FLARNG. 13. Title 37, U.S. Code, chapter 5, section 308i, states, in pertinent part, a person who is a former enlisted member of an armed force and who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of 6 years in a critical MOS may receive a bonus. The bonus may only be paid if the person received an honorable discharge at the conclusion of all prior periods of service and was not released from active service for the purpose of enlistment in the reserve component. 14. Army Regulation 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers) prescribes policies and procedures for assigning, attaching, removing, and transferring Reserve Component Soldiers. a. A conditional release is required when Soldiers transfer from the USAR to the ARNG. b. The conditional release must be obtained from the USAR unit commander before enlisting in the ARNG. Upon enlistment in the ARNG, a copy of the enlistment contract is sent to the commander, HRC. HRC will issue orders which show that membership in the USAR is terminated with the date of enlistment as the effective date. No formal discharge certificate is issued. 15. A memorandum, dated 10 August 2007, issued by the NGB, subject: ARNG Selected Reserve Incentive Program Guidance for Fiscal Year (FY) 2007, 10 August 2007 - 31 March 2008 (Policy Number 07-06), [as continued to 28 February 2009 by an NGB memorandum dated 29 January 2009], outlined guidance for PSEB. One specific requirement was that, in order to be eligible for a PSEB, the Soldier must not have enlisted under the provisions of a conditional release from another component of the U.S. Armed Forces, to include another Selected Reserve component. The only exception was if the Soldier was in the Individual Ready Reserve (IRR) when the conditional release was issued. . DISCUSSION AND CONCLUSIONS: The applicant requests an ETP to be paid a PSEB. An initial request submitted to the NGB was approved, but this decision was later reversed because his enlistment in the FLARNG occurred after the USAR had given him a conditional release. The NGB noted the conditional release did not meet statutory eligibility requirements for the PSEB. There is no evidence of error in NGB's denial of the applicant's ETP request. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X_____ __X______ __X__ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________X______________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150003750 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003750 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1