BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150006233 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __x______ __x______ ___x_ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150006233 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 31 May 2016 DOCKET NUMBER: AR20150006233 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, in effect, to retain his $15,000.00 prior service enlistment bonus (PSEB). 2. The applicant states his unit deactivated on 30 March 2007. As a result, he was involuntarily transferred from unit identification code (UIC) WX6A90, Petroleum Unit to UIC WPR5AA. A unit representative told him that no military occupational specialty (MOS) 92F (Petroleum Supply Specialist) positions were available in the new unit or battalion. Therefore, he was transferred into an MOS 88N1O (Transportation Management Coordinator) position. At some point, a Unit Readiness Noncommissioned Officer (NCO) enrolled him in 92F School in 2007 in a "W" [wait] status. Next, his unit enrolled him in the 88N School in 2008 in a "W" status. He spent 1 year awaiting attendance at this school. On 15 December 2008, the Army involuntarily transferred him to UIC WY5WAA, and into an MOS 92A (Automated Logistical Specialist) position. His unit enrolled him into the course in 2009 as a substitute for another Soldier. He finally got an MOS in 2011. 3. The applicant provides: * Army Training Requirements and Resources System (ATRRS) screenshot * Orders 050-506, issued by the Puerto Rico National Guard Element, Joint Forces Headquarters, on 19 February 2009 * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 14 March 2013 * Orders 112-534 published by Puerto Rico National Guard Element, Joint Forces Headquarters on 22 April 2013 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Puerto Rico Army National Guard (PRARNG) on 31 March 1997. Orders Number 337-00279, published by the 95th Adjutant General Battalion (Reception), Fort Sill on 3 December 1997 awarded him military occupational specialty (MOS) 13B (Cannon Crewmember), effective 12 December 1997. 3. He was honorably discharged from the ARNG and as a Reserve of the Army on 30 March 2005. 4. He enlisted in the PRARNG on 15 March 2007 for a period of 6 years. His enlistment contract contains: a. a DD Form 1966 (Record of Military Processing – Armed Forces of the United States), showing in Section IV (Certification), block 32 (Specific Option/Program Enlisted for Military Skill, or Assignment to a Geographical Area Guarantees) that he enlisted for an authorized bonus to serve in the 1173rd Quartermaster Company, in UIC WX6A90, in an MOS 92F position. b. an NGB Form 600-7-6-R-E (Annex X to DD Form 4 PSEB Addendum ARNG of the United States (ARNGUS)). (1) Section I (General) of this document confirms the enlisting official explained the Selected Reserve Incentive Program (SRIP) requirements to him. The applicant initialed the following items under Section II (Eligibility), Section III (Bonus Amount and Payments), and Section V (Termination): (a) "Not qualified in the primary MOS for which I am enlisting, but have enlisted into an NGB or State Critical Skill MOS and agree to attend formal training and become qualified in my contracted MOS within 24 months of my date of enlistment." (b) "For a 6-year enlistment I will receive a total bonus of $15,000, to be paid in two 50% installments of $7,500 less taxes. The first 50% installment will be processed for payment upon enlistment if I am already MOS qualified for the position for which I am enlisting. If I am not MOS qualified for the position for which I am enlisting, my first installment of 50% will be processed upon successful completion of MOS training. The second and final 50% installment will be processed for payment on the 36-month anniversary of the date of enlistment." (c) "I understand I will be terminated from bonus eligibility with recoupment, if I do not become qualified in or awarded as primary the MOS required for my position within 36 months of transfer due to unit inactivation, reorganization, or relocation. Recoupment will be calculated from the date of transfer." (2) The applicant and enlisting official authenticated the PSEB Annex X in Section VIII (Authentication) and Section IX (Certification by Service Representative) on 15 March 2007. The addendum does not include a bonus control number (BCN). 5. The applicant's service record contains Orders Number 216-16 published by PRARNG, 162nd Quartermaster (Water Supply) Battalion, Juana Diaz, PR, on 4 August 2007. These orders transferred him from the position of Petroleum Supply Specialist in MOS 92F2O (WX6A90-118) to the position of Water Treatment Specialist in MOS 92W (WPR5AA-110), effective 4 August 2007. The additional instructions state, this assignment was an "Involuntary transfer due to unit deactivation." 6. Orders Number 050-506, published by the PARNG Element, Joint Forces Headquarters, San Juan, PR on 19 February 2009 transferred him from the position of Transportation Management Coordinator (Y0BAA-088) to the position of Equipment Records/Parts Specialist (Y5W90-191) (MOS 92A), effective 15 December 2008. The orders indicate he requested this transfer. 7. His record contains a DA Form 1059 (Service School Academic Evaluation Report), dated 24 April 2011, that shows he completed the Automated Logistics Specialist Course, Phase II (101-92A1O-1) on 24 April 2011. 8. Orders Number 286-705 published by PRARNG Element, Joint Forces Headquarters, San Juan, PR, on 12 October 2012 reassigned him from duty position Quartermaster/Chemical Equipment Repairer in MOS 92A1O to duty position Equipment Records/Parts Specialist in MOS 92A1O, effective 4 October 2012. This was an involuntary assignment due to a Modified Table of Organization and Equipment change. 9. Orders Number 112-534, published by the PRARNG Element, Joint Forces Headquarters, on 22 April 2013 discharged him from the ARNG and as a Reserve of the Army, effective 14 March 2013. 10. He provided a screenshot from ATRRS of his course reservations, printed on 10 February 2015. This document shows: a. his enrollment in the 101-92F1O (Reservation (R)) Petroleum Supply Specialist Course with a reporting date of 4 June 2007 and ending date of 16 June 2007. The RS column [reservation by student function] included the entry "W" indicating a waiting status for attendance in this course. b. his enrollment in the 551-88N1O Transportation Management Coordinator Course in May 2009 was in a waiting status. c. he completed Phases 1 and 2 of the 101-92A1O Automated Logistical Specialist Course in 2011. 11. In a 21 January 2015 memorandum, the Deputy G-1, ARNG, denied the request for an exception to policy to retain the applicant's $15,000.00 PSEB. The Deputy G-1 stated the applicant voluntarily transferred out of the contracted MOS, which violates ARNG SRIP 07-04. The memorandum also states he failed to become qualified in his contracted MOS within 24 months, which violates ARNG SRIP 07-04; he did not serve in the UIC for which contracted, which violates ARNG SRIP 07-04; and the BCN was requested after the date of enlistment, which violates ARNG SRIP 07-04. The Deputy G-1 identified the applicant's contract details as: a. State enlisted/accessed: PR, UIC Y5WAA b. Date of agreement/enlistment: 15 March 2007 c. Contracted bonus addendum/agreement amount: $15,000.00 d. Contracted MOS: 92F, current MOS 92A e. the applicant transferred out of the contracted MOS due to unit reorganization then voluntarily transferred out of that MOS. He did not become qualified in an MOS until almost 4 years after his enlistment. REFERENCES: Title 37, USC, section 308i, states, in part, a person who is a former enlisted member of an armed force who enlists in the Selected Reserve of the Ready Reserve of an armed force for a period of 3 or 6 years in a critical military skill designated for a bonus by the Secretary concerned may be paid a bonus in the amount of $15,000.00 for a 6-year enlistment or $7,500.00 for a 3-year enlistment. Subparagraph 308i(a)(2)(A) states that a bonus may only be paid under this section to a person who meets each of the following requirements: a. The person has not more than 16 years of total military service and received an honorable discharge at the conclusion of all prior periods of service. b. The person was not released, or is not being released, from active service for the purpose of enlistment in a Reserve component. c. The person is projected to occupy, or is occupying, a position as a member of the Selected Reserve in a specialty in which the person – (1) successfully served while a member on active duty and attained a level of qualification while on active duty commensurate with the grade and years of service of the member; or (2) has completed training or retraining in the specialty skill that is designated as critically short and attained a level of qualification in the specialty skill that is commensurate with the grade and years of service of the member. DISCUSSION: 1. The evidence of record shows the applicant contracted to serve in the PRARNG for a period of 6 years and to be paid a bonus of $15,000.00 provided he successfully completed training in MOS 92F and completed the contracted term of service in that MOS. 2. His PSEB Addendum clearly shows he read and acknowledged and understood the contents of the contract. He initialed Section II acknowledging that he was eligible for a PSEB if he attended formal training and became qualified in his contracted MOS within 24 months of his date of enlistment. 3. His service record includes orders involuntarily transferring him from an MOS 92F position to an MOS 92W position, effective 4 August 2007 due to unit inactivation. He was then transferred to an 88N position effective 1 December 2007, due to unit inactivation. Though the unit attempted to schedule him for MOS training in two of these MOSs, there is no indication he completed training in any of these MOSs. 4. On 15 December 2008, he was assigned to a 92A position based on his voluntary request. He did not complete MOS training in MOS 92A until April 2011. In summary, the applicant served nearly 4 years of his 6-year enlistment in positions for which he was never qualified. His remaining service was in an MOS which he requested that was not his contracted MOS or an MOS to which he was involuntarily assigned. 5. Since the applicant did not meet all of the requirements he agreed to on his 15 March 2007 PSEB contract, he is not eligible for payment of the $15,000 PSEB listed in his contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150006233 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150006233 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2