IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150016307 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, the following: * an exception to policy (ETP) for retention of a Prior Service Enlistment Bonus (PSEB) * a personal appearance before the Board 2. The applicant states: a. He reenlisted in Company C, 2nd Battalion, 20th Special Forces Group (SFG) (Airborne (A)), Mississippi Army National Guard (MSARNG), on 11 June 2010. He was a Soldier with prior experience in the 20th SFG (A) in military occupational specialty (MOS) 18C (SF Engineer Sergeant). He was promised an incentive of $15,000.00 for a 6-year term, payable in two installments. After a proper security background investigation, he was awarded his previous MOS as an 18C and proved eligible for the PSEB. At that time, he received the first installment of $7,500.00 of the PSEB. b. After 3 years, he was supposed to receive the second installment of the PSEB, but the National Guard Bureau (NGB) denied his bonus. The NGB claimed that he signed an outdated form for the bonus; therefore, they weren't going to pay the second installment. On 14 March 2014, he received a memorandum of the discrepancy regarding an obsolete addendum for his PSEB. The document stated that he could be eligible for an ETP providing he wrote an explanation defending his position. He filed an ETP for the PSEB, had his commander sign the document, and he personally hand-delivered it to the MSARNG incentive manager. c. After waiting over a year, NGB advised him of the termination of his bonus without a payment of the second installation. He reenlisted with the understanding that he was to receive the PSEB. This was no fault of his own and the error exists with the Army. His recruiter was not aware that the form was obsolete since it was dated 2007 and it was the same form that he had used for years. There was no notice that the form was not a current document when he reenlisted. It really shouldn't matter that the form was not current since the bonuses were still the same bonuses in effect for all PSEB critical skill MOSs regardless of the form. d. He has wasted so many hours attempting to have this resolved. He has never understood why they haven’t paid the bonus. He is currently honoring his commitment to serve his country. He would be pleased if the Army honored its commitment and provide him the bonus that was promised when he reenlisted. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. The applicant's military records show he served in the MSARNG from 2 August 1985 through 1 August 1991 and from 16 March 1993 through 9 September 1994. He completed training and he was awarded primary MOS 18C. 2. His records contain the following: a. Email correspondence, dated 10 June 2010, in which the Readiness Noncommissioned Officer (NCO) requested guidance for obtaining a Bonus Control Number (BCN) through the MSARNG. He stated that the Information Management and Reporting Center (iMARC) system showed the applicant was not currently in their state, he must request an inter-state transfer, and the system wouldn't let him request a BCN. b. A DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States) showing the applicant reenlisted in the MSARNG on 11 June 2010 for 6 years. c. An NGB Form 600-7-6-R-E (Annex X to DD Form 4, PSEB Addendum, ARNG of the United States), dated 11 June 2010, the applicant executed for a PSEB under the Selected Reserve Incentive Program (SRIP) in the amount of $15,000.00 in critical skill 18C. On the form he acknowledged he understood the conditions for termination with or without recoupment. Section IX (Certification by Service Representative) of the form contains the signature of the enlisting official; however, it does not contain a BCN. d. Email correspondence, dated 29 June 2010, in which the Readiness NCO requested an ETP for a BCN for several SF enlistments because they were unable to obtain a BCN at the time because the iMARC system had the Soldiers coded incorrectly and then the SRIP policy changed before they were able to have the error corrected. e. An ETP for BCN memorandum, dated 29 June 2010, in which the Readiness NCO requested an ETP for bonus payments to the applicant and another Soldier. He stated: (1) On 29 June 2010 he requested a BCN via the iMARC, but the system gave an error and stated the Soldiers belonged to another state and needed to be inter-state transferred. However, those Soldiers had always been with the 20th SFG, MSARNG, in Grenada. He sent an email to the bonus department in Jackson, MS, but they couldn’t complete the transaction in time before the new SRIP policy became effective due to Summer Annual Training, etc. (2) The applicant was MOS qualified (MOSQ) in SF and he was a huge asset to the 20th SFG and the war on terror. Subsequently it would save millions of dollars by not having to train the applicant like a non-prior service. Currently the 20th SFG was in desperate need of MOSQ "hometown" Soldiers in their unit. It was critical that the applicant receive the bonus, as he was eligible at the time the request was initiated in the iMARC system. f. Orders Number 067-851, issued by the MSARNG on 8 March 2011, awarded the applicant primary MOS 18C effective 5 March 2011. g. A Request for ETP for PSEB memorandum, dated 31 March 2015, in which the Deputy G1, ARNG, denied the ETP for the applicant to retain the PSEB, with termination without recoupment, for the following discrepancies: (1) The applicant's contract/bonus addendum was obsolete and his BCN was requested after the date of enlistment which both violated ARNG SRIP Policy Number 07-06 with Updates, dated 1 March 2009. Supporting documentation proving intent to issue bonus couldn't be found. (2) The applicant's contract/agreement showed he enlisted on 11 June 2010 for a $15,000.00 PSEB in MOS 18C. He signed an obsolete addendum and his DD Form 4 and DD Form 1966 do not support the incentive. h. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 9 July 2015, showing he extended his 11 June 2010 reenlistment by 3 years with an established expiration of term of service of 10 June 2019. 3. In accordance with ARNG SRIP Guidance 07-06 and Updates, dated 1 March 2009, eligible applicants were offered the PSEB. 4. National Guard Regulation 600-7 (SRIP), chapter 2, paragraph 2-5, states enlistment bonus contracts are valid only with BCNs which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. 5. Army Regulation 15-185 (ABCMR), paragraph 2-11, states applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing (personal appearance) whenever justice requires. DISCUSSION AND CONCLUSIONS: 1. With regard to an ETP for retention of a PSEB: a. On 10 June 2010, the Readiness NCO requested guidance from the MSARNG in obtaining a BCN as the iMARC system stated the applicant was not currently in their state and wouldn't let him request a BCN. The applicant reenlisted in the MSARNG on 11 June 2010 for a PSEB in his previous MOS of 18C. His NGB Form 600-7-6-R-E does not contain a BCN. b. The Readiness NCO confirmed the applicant was MOSQ for the PSEB and he had always been assigned to the 20th SFG, MSARNG. He also submitted supporting documentation of the clear intent to issue the applicant the PSEB. c. Notwithstanding the obsolete form, evidence confirms a BCN was unable to be secured at the time of his reenlistment and the transaction couldn't be completed prior to the new SRIP policy effective date. He met all of the eligibility requirements for a bonus at the time; however, administrative errors resulted in the termination of the bonus, without recoupment, and no further payments. d. It is evident that some errors were committed in the processing of the applicant's reenlistment and none of it was his fault. He reenlisted in good faith, extended his reenlistment in 2015, and continues to serve in the MSARNG. As such, he should not be penalized for the administrative errors committed by ARNG State officials or denied the full payment of his PSEB. His records should be corrected as recommended below. 2. With regard to his request for a personal appearance before the Board, by regulation, an applicant is not entitled to a hearing before the Board. Hearings may be authorized by a panel of the Board or by the Director of the ABCMR. In this case, the evidence of record and independent evidence provided by the applicant is sufficient to render a fair and equitable decision at this time. As a result, a personal appearance hearing is not warranted to serve the interest of equity and justice in this case. BOARD VOTE: ___x____ ____x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 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 Department of the Army and State Army National Guard records of the individual concerned be corrected by: * showing the State Incentive Manager assigned a bonus control number to the applicant's signed Annex X on the same date the applicant executed his 6-year enlistment (11 June 2010) and timely processed the bonus addendum * paying him the remainder of his PSEB as a result of this correction _______ _ _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) AR20150016307 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150016307 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1