IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008574 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008574 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: a. Attaching and filing his NGB 600-7-6-R-E Addendum, dated 29 April 2008 to his DD Form 4, dated 29 April 2008 into his OMPF. b. Showing his exception to policy was approved in the amount of $15,000.00. ___________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. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008574 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 Texas Army National Guard (TXARNG). 2. The applicant states: a. In 2008, he filled out all the necessary paperwork in order to receive a PSEB for $15,000.00 by enlisting in the TXARNG. b. Three months after enlisting in the TXARNG, he received the first portion of his bonus in the amount of $7,500.00. c. In 2011, while on deployment, he was supposed to receive the second half of his bonus, but didn’t. When he returned from deployment, he was told that his addendum paperwork was no longer in his record. d. In 2013, he was notified that he needed to contact the National Guard Bureau (NGB) in order to receive an ETP in regards to the missing paperwork. e. He submitted the ETP for the missing paperwork, but his request was denied. Additionally, after 2 ½ years, he was given more information to contact the NGB to receive an ETP for the bonus, but again, his request was denied. 3. The applicant provides: * NGB Form 600-7-6-R-E (Annex X to DD Form 4 (Prior Service Enlistment Bonus Addendum)) * bonus payment history, dated 23 April 2013 * Master Military Pay Account (MMPA) print-out, dated 31 January 2009 * NGB ETP memorandum, dated 2 February 2015 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. On 31 August 2004, the applicant enlisted in the U.S. Army Reserve (USAR) for 4 years. After initial training, he was awarded military occupational specialty (MOS) 25F (Network Switching System Operator-Maintainer). 3. On 29 April 2008, the applicant enlisted in the TXARNG for 6 years. In his DD Form 4/1, Section B (Agreements), it stated, “The additional details of my enlistment/reenlistment are in Section C and Annex(es): Annex A.” However, Annex A is not in his official military personnel file (OMPF). 4. The applicant provides his PSEB Addendum, dated 29 April 2009, wherein it stated, in part: a. He was prior service, he was qualified in the MOS he was enlisting for, and held the rank and grade of, or was no more than one grade below the required grade of the position. b. He was enlisting in a duty MOS qualification (DMOSQ) in a critical unit identification code (UIC), DMOSQ or Non-DMOSQ in an approved critical skill under the policy in effect at the time of his enlistment, in a Modified Table of Organization and Equipment (MTOE) unit. c. He would receive a 6-year PSEB in the amount of $15,000 in a noncritical MTOE unit and he was MOS qualified for the position as of the date of his enlistment. d. He understood he would be suspended from the bonus eligibility if he entered a period of non-availability (placement in the Inactive National Guard (ING)) or was flagged for an adverse action other than failure to maintain body composition standards or had an Army Physical Fitness Test failure. 5. On 30 August 2008, the applicant was honorably released from the USAR at the completion of his required active service. He completed 4 years of net active duty service. 6. The applicant provides a copy of his MMPA and his bonus payment history that shows on 17 October 2008 he was paid half of his PSEB in the amount of $7,500.00, with the next anniversary payment date scheduled for 30 August 2011 in the amount of $7,500.00. 7. The applicant’s MOS 25F was converted to 25N. 8. Orders Number 146-1076, dated 26 May 2010, issued by the TXARNG, awarded him primary MOS 25N (Nodal Network Systems Operator-Maintainer) with a secondary MOS of 25F effective 9 April 2010. 9. The applicant was ordered to active duty in support of Operation New Dawn from 26 September 2010 to 8 December 2011. His DD Form 214 shows in: * item 11 (Primary Specialty) – MOS “25N10” * item 24 (Character of Service) – “HONORABLE” * item 28 (Narrative Reason for Separation) – “COMPLETION OF REQUIRED ACTIVE SERVICE” 10. The applicant states while on deployment, he was supposed to receive the second half of his PSEB; however, when he came home he was told that his paperwork (addendum) was no longer in his files or in his Interactive Personnel Electronic Records Management System (iPERMS) record. 11. In 2013, the applicant was notified that he needed to contact the NGB in order to receive an ETP in regards to the missing paperwork. 12. He submitted his request for an ETP to the NGB, but his request was denied. 13. On 2 February 2015, it appears the applicant applied for another ETP from the NGB for the remaining portion of his PSEB; however, it was also denied, they stated: a. That his initial payment of $7,500.00 would be recouped. b. The applicant’s bonus control number (BCN) was requested after the date of affiliation which violates the ARNG Selected Reserve Incentive Program (SRIP) for fiscal year (FY) 07-06. c. His contract/bonus addendum cannot be found which also violates ARNG SRIP 07-06. In addition, the documentation does not support an incentive being offered on the date of affiliation. d. His contract/agreement details are: * State enlisted/accessed: TX * Unit Identification Code (UIC): X4FA0 * Date of agreement/enlistment: 31 August 2008 * Contracted bonus addendum/agreement amount: $15,000.00 * Contracted AOC/MOS: 25F * Current AOC/MOS: 25N e. He does not have a bonus addendum in his military files and a review of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) and DD Form 1966 (Record of Military Processing – Armed Forces of the United States) does not support an incentive being offered at the time of enlistment. REFERENCES: 1. NGB 600-7 (SRIP), paragraph 2-7, states for eligibility, an applicant must: a. Contract for no less than a 3 or 6 year term of service approved for an incentive entitlement by the ARNG as outlined in the current FY SRIP policy. b. Have less than 16 years of total military service. c. Have received an honorable discharge (HD) at the conclusion of all prior periods of service. d. Not have been released, or is not being released, from active service for the purpose of enlistment in a reserve component. e. Be projected to occupy, or is occupying, a position as a member of the Selected Reserve (SELRES) 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. (2) Completes 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. f. Meet minimum the Armed Forces Qualification Test (AFQT) score per current FY SRIP policy. g. Fill a valid vacant position and not an excess, over-strength, or manually- loaded vacancy. h. Not enlist to qualify for a military technician (includes Temporary and Indefinite Technician positions unless the temporary position is for 179 days or less) or Active Guard Reserve (AGR) position Title 10 or Title 32. i. Execute a written agreement to serve as an enlisted member in the SELRES. j. Meet additional requirements directed by ARNG or the current FY SRIP policy. 2. 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 HD 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. 3. A memorandum, dated 10 August 2007, issued by the NGB, subject: ARNG SRIP Guidance for 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 SELRES component. The only exception was if the Soldier was in the Individual Ready Reserve (IRR) when the conditional release was issued. DISCUSSION: 1. The evidence of record confirms the applicant enlisted in the TXARNG on 29 April 2009 for a 6 year PSEB of $15,000 in MOS 25F. He fulfilled his contract and deployed in support of Operation New Dawn in 2010 for over a year. 2. In 2010, he was involuntarily forced to change his MOS from 25F to 25N through no fault of his own. 3. In 2011, he was notified his PSEB contract was terminated with recoupment. The applicant requested an ETP from the NGB; however, it was denied based on his OMPF not having an addendum on file authorizing a PSEB, and that his BCN was requested after his date of affiliation with the TXARNG. 4. Notwithstanding the NGB’s denial for an ETP, the applicant submitted a copy of his PSEB addendum showing he was entitled to the PSEB in the amount of $15,000.00, met all the requirements, and fulfilled his obligation to the TXARNG. 5. Therefore, it would serve the interest of equity and justice to honor his PSEB contract for $15,000.00. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008574 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008574 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2