IN THE CASE OF: BOARD DATE: 13 October 2016 DOCKET NUMBER: AR20150013158 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: 13 October 2016 DOCKET NUMBER: AR20150013158 BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by showing and exception to policy was approved allowing her to retain her non-prior service enlistment bonus and paying her the remaining amount of the incentive. __________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: 13 October 2016 DOCKET NUMBER: AR20150013158 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 correction of her military service records to show reinstatement and payment of a non-prior service (NPS) enlistment bonus (EB). 2. The applicant states she was reclassified from the EB military occupational specialty (MOS) into another MOS shortly after arriving at her home unit. a. She states the reclassification action was based on a command decision due to an EB MOS position no longer being available as a result of unit reorganization. She has orders that confirm the unit reorganization. In addition, her enlistment contract states that she had 36 months to become duty MOS qualified (DMOSQ) due to unit reorganization. b. She adds that she met the requirements and fulfilled her part of the enlistment contract, including remaining in the reclassified MOS, and there is no reason to believe that she would not have stayed in the EB MOS. She concludes by stating the reasons for denial of her EB have not been substantiated. 3. The applicant provides copies of her: * enlistment contract * MOS award orders * transfer orders and amendments * DD Form 214 (Certificate of Release or Discharge from Active Duty) * two DA Forms 1059 (Service School Academic Evaluation Report (AER)) * request for Exception to Policy (ETP) for the EB MOS CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted on 2 April 2009 in the Army National Guard (ARNG) of the United States (ARNGUS) for a period of 8 years and in the Utah ARNG (UTARNG) for a period of 6 years. An NGB Form 600-7-1-R-E (Annex E to DD Form 4 – NPS EB Addendum ARNGUS), dated 2 April 2009, shows the associated options in connection with the applicant's enlistment and, in pertinent part, the following: * Header section: Bonus Control Number (BCN): E0904004 * Section II (Eligibility), the criteria for the EB Selected Reserve Incentive Program (SRIP), NPS Critical Skill Bonus (50/50 payment), and: * Unit: Support Maintenance Company, 489th Brigade Support Battalion * Paragraph/Line Number: 301/18 * MOS: 91C1O (Utilities Equipment Repairer) * Section III (Payments), she would receive a total bonus in the amount of $20,000 (less taxes) and receive – * the first bonus payment of 50% upon completion of initial active duty training (ADT) and award of the MOS for which she enlisted * the second and final payment of 50% on the 36th-month anniversary of the date of her enlistment upon verification and certification by proper authority that all requirements have been met * Section V (Termination Without Recoupment), I understand that I will be terminated from bonus eligibility, without 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. Termination will be effective the date of transfer. * Section VI (Termination With Recoupment), I understand that I will be terminated from bonus eligibility, with recoupment, if I voluntarily transfer into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment. Recoupment will be calculated from the date of transfer. * Section VIII (Authentication) and Section IX (Certification by Service Representative), the applicant and enlisting official signed the document on 2 April 2009 2. In support of her request the applicant provides the following documents. a. Joint Forces Headquarters (JFHQ), UTARNG, Draper, UT, Orders 329-021, dated 25 November 2009, that released her as a Utilities Equipment Repairer, Company B, 489th Support Maintenance, Maneuver Enhancement Brigade (MEB) with attachment to the Recruitment Sustainment Program, Company A, and transferred her to Headquarters and Headquarters Detachment (HHD), 489th Brigade Support Battalion (BSB), MEB with attachment to the Recruitment Sustainment Program, Company A, for an indefinite period, effective 23 November 2009, for the purpose of pay administration and training. The For Army Use section shows: * MOS: 42A2O (Human Resources Specialist) * Position Number Excess Code: Soldier has not completed the minimum training necessary for deployment * Duty position qualification: Not Qualified – Attending Initial Entry Training (IET), Phase 2 of IET or MOS Training b. Headquarters, U.S. Army Combined Arms Support Command, Fort Lee, VA, Orders 322-00286, dated 18 November 2009, awarded her primary MOS (PMOS) 91C1O, effective 27 January 2010 or upon course completion. c. A DD Form 214 that shows she entered ADT on 28 July 2009, was honorably released from ADT on 27 January 2010, and transferred to Support Maintenance Company, 489th BSB, Draper, UT. She had completed 6 months of net active service during this period. It also shows in: * item 11 (Primary Specialty): 91C1O, Utilities Equipment Repairer * item 14 (Military Education): Utilities Equipment Repairer, 11 Weeks, 2010 d. JFHQ, UTARNG, Draper, UT, Orders 053-041, dated 22 February 2010, released her from attachment to the Recruitment Sustainment Program, Company A, effective 20 February 2010. e. Two DA Forms 1059 show she completed the MOS 92B, Food Service Specialist Course, on 5 November 2010. f. JFHQ, UTARNG, Draper, UT, Orders 319-044, dated 15 November 2010, withdrew MOS 91C1O as her PMOS and awarded her PMOS 92G1O and secondary MOS (SMOS) 91C1O, effective 5 November 2010. g. UTARNG, Recruiting and Retention Battalion, Draper, UT, memorandum, dated 21 June 2012, that shows the commander requested the Chief, NGB, approve the applicant's request for ETP for NPS EB. He noted that her second bonus installment payment was denied because Annex E to the DD Form 4 incorrectly states that her bonus will be paid in two increments of 50% each. However, per NGB SRIP policy in effect at the time her contract was written, the EB was supposed to be paid in three increments of 50%, 20%, and 30%. The contract was written incorrectly at the Military Entrance Processing Station (MEPS) because the system change had not yet been implemented. He noted that the applicant "remains in the same MOS she enlisted into where she is faithfully serving as an MOS qualified Soldier." h. UTARNG, JFHQ, Draper, UT, memorandum, dated 23 January 2014, that shows the Deputy Chief of Staff, Personnel, requested the Chief, NGB, approve the applicant's request for ETP for NPS EB. (He provided the same comments summarized in the memorandum, above.) He also noted that the applicant "remains in the same MOS she enlisted into where she is faithfully serving as an MOS qualified Soldier." i. JFHQ, UTARNG Draper, UT, Orders 063-002, dated 4 March 2014, amended Orders 329-021, dated 25 November 2009, to add the Additional Instruction: "Transfer due to Unit reorganization/transformation." j. A DA Form 4187 (Personnel Action), dated 27 October 2014, subject: Reclassification, that shows the Commander, Headquarters and Headquarters Company, 489th BSB, indicated the applicant was transferred due to unit reorganization, on 23 November 2009, from Company B (MOS 91C) to HHC (MOS 42A), 489th BSB. He also indicated that the applicant changed duty positions (from MOS 42A to MOS 92G) on 15 December 2009 based on a command directed move. k. NGB, Arlington, VA, memorandum, dated 19 February 2015, subject: Request for ETP for NPS EB, that shows the applicant's request to retain the $20,000.00 NPS EB was denied because it violated ARNG SRIP 07-6, effective 1 March 2009, based on the following: * she is not serving in the MOS for which she contracted due to unit reorganization * the BCN was requested after the date of enlistment * the contract/bonus addendum is obsolete (1) The Deputy Chief, G1, ARNG, noted the applicant was awarded MOS 91C; however, she never served in a 91C duty position and she transferred out of the contracted MOS. Therefore, the request for ETP was denied. (2) The State Incentive Manager (IM) was instructed to terminate the applicant's NPS EB incentive without recoupment. l. JFHQ, UTARNG, Draper, UT, Orders 078-010, dated 19 March 2015, amended Orders 319-044, dated 15 November 2010, to add the Additional Instruction: "Transfer due to Unit Reorganization." m. A draft document, undated, that shows the State IM, UTARNG, requested that the applicant's ETP be relooked based on the following: * the obsolete annex was used due to no fault of the applicant * the BCN was requested the same date as her enlistment * the contract allows 36-months to become DMOSQ due to unit reorganization * she attended ADT from 28 July 2009 to 27 January 2010 * she was transferred to a 92G position on 14 December 2009 * the transfer was due to the unit losing MOS 91C EB positions * she remained DMOSQ in MOS 91C * she was non-DMOSQ in MOS 92G until 5 November 2010 * she met the 36-month requirement 3. JFHQ, UTARNG, Draper, UT, Orders 154-011, dated 3 June 2014, promoted the applicant to sergeant/pay grade E-5 effective 28 May 2014 and awarded her PMOS 92G2O and SMOS 91C2O. 4. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 28 May 2014, shows the applicant extended her 2 April 2009, 6-year enlistment for a period of 6 years. NGB Form 600-7-3-R-E (Annex R to DA Form 4836 – Reenlistment/Extension Bonus (REB) Addendum) shows she was extending/ reenlisting (in DMOSQ in MOS 92G) for a REB in the amount of $10,000. REFERENCES: Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and the Army Reserve. Chapter 2 (SRIP NPS EB) provides policy and guidance for the administration of the SRIP EB. It shows EB entitlement will stop if the Soldier moves to a nonbonused unit or MOS or is reclassified into an MOS other than that for which contracted. DISCUSSION: 1. The applicant's contention that her records should be corrected to show entitlement to the remaining portion (50%) of a $20,000 NPS EB because she was reclassified from the EB MOS (91G) into another MOS (92G) based on unit reorganization and she became DMOSQ within the required 36-months was carefully considered. 2. Records show the applicant enlisted in the UTARNG on 2 April 2009 for a period of 6 years with a $20,000 NPS EB for a critical skill (MOS 91C) and assignment to a critical skill unit in the UTARNG. a. The NPS EB Annex, dated 2 April 2009, shows a BCN. (1) On 19 February 2015, the Deputy G1, ARNG, NGB, stated the BCN was requested after the date of enlistment, which violates ARNG SRIP policy. (2) On an unspecified date (presumably after 19 February 2015), the State IM stated the BCN was requested on the same date as the applicant's enlistment. b. The NPS EB Annex the State IM utilized was obsolete and contained an erroneous payment schedule. (1) More than 3 years after the enlistment, the Commander, Recruiting and Retention Battalion, stated the NPS EB Annex was written incorrectly at the MEPS because the system change had not yet been implemented. (2) Approximately 5 years after the enlistment, the Deputy Chief of Staff, Personnel, JFHQ, UTARNG, reiterated the argument of the Commander, Recruiting and Retention Battalion. (3) On 19 February 2015, the Deputy G1, ARNG, NGB, stated use of the obsolete annex violates ARNG SRIP policy. (4) On an unspecified date (presumably after 19 February 2015), the State IM stated use of the obsolete form was due to no fault of the applicant. c. The two issues (above) are important elements of the contractual transaction, but not the overriding issue in this matter. 3. Orders were issued on 25 November 2009 that released the applicant from Utilities Equipment Repairer (MOS 91C), Company B, 489th Support Maintenance, MEB because she had not completed the minimum training necessary for DMOSQ and deployment. a. At the time the orders were issued, the orders failed to show the transfer was due to unit reorganization that resulted in the elimination of 91C positions. b. The applicant completed training and was awarded PMOS 91C10, effective 27 January 2010. This entitled her to the initial (50%) payment of the NPS EB and the evidence of record shows she received the payment. c. The applicant subsequently completed additional MOS training. She was reclassified and awarded PMOS 92G10, effective 5 November 2010. 4. The evidence of record shows a NPS EB will be terminated without recoupment if the Soldier does not become DMOSQ in the MOS or is not awarded the MOS as the PMOS for the EB position within 36-months of transfer due to unit reorganization; termination will be effective the date of transfer. The evidence of record shows the applicant satisfied this requirement and is entitled to the initial (50%) payment of the NPS EB for MOS 91C. a. The evidence of record shows the applicant was assigned to HHD, 489th BSB, MEB, on 23 November 2009. She was attached to the Recruitment Sustainment Program, Company A, and released from attachment on 20 February 2010. b. On 5 November 2010, the EB (MOS 91C) was designated as her SMOS and she was awarded PMOS 92G1O. c. The evidence of record does not support the statements of the Commander, Recruiting and Retention Battalion, or the Deputy Chief of Staff, Personnel, UTARNG (made on 12 June 2012 and 23 January 2014, respectively), that the applicant "remains in the same MOS she enlisted into where she is faithfully serving as an MOS qualified Soldier." The evidence indicates she retrained into a new MOS due to unit reorganization well within the 36-month window for the purpose of retaining the incentive. d. In March 2014 and March 2015, more than four/five years after the transfer orders were issued, amendments were issued to add the additional instruction that the transfer was due to unit reorganization. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013158 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013158 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2