BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001069 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 BOARD DATE: 10 August 2017 DOCKET NUMBER: AR20160001069 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 amending his National Guard Bureau Form 5435 (Annex K to DD Form 4 or DA Form 4836, Montgomery GI-Bill Selected Reserve Kicker Addendum), dated 20 November 2015, to show he signed it on 6 May 2015. _____________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: 10 August 2017 DOCKET NUMBER: AR20160001069 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 his National Guard Bureau (NGB) Form 5435 (Annex K to DD Form 4 or DA Form 4836, Montgomery GI-Bill Selected Reserve (MGIB-SR) Kicker Addendum) to show he signed it on 6 May 2015 instead of 20 November 2015. 2. The applicant states: a. He wants his Kicker eligibility date adjusted to 6 May 2015. b. He is a contracted Simultaneous Membership Program (SMP) cadet and has been since 6 May 2015. Due to numerous faults at the unit and state/brigade level, he was never awarded a military occupational specialty (MOS) 09R slot at his unit even though all the proper documentation was submitted and accepted months prior. He went the entire summer not receiving E-5 pay and was not allowed to accept his Kicker contract due to not receiving a MOS 09R slot because technically he was not an SMP cadet. c. Once school started in August, and no progress in processing his paperwork, he contacted the Inspector General and requested he look into the matter. The Inspector General did so months later and was able to get his paperwork processed and he was awarded MOS 09R slot and E-5 pay and back pay. After he was awarded MOS 09R, he signed his Kicker contract and has recently been receiving payment for his Kicker. However, he was not paid for the period 1 August 2015 to 19 November 2015 due to delayed processing of contracts by brigade/state level that would have made him eligible for the Kicker contract at that time. d. His Kicker addendum is dated 20 November 2015. If his unit and chain of command hadn’t dropped the ball he would have been eligible in May and would have begun receiving payments in August. All his orders and contracts recognize he has been a contracted SMP cadet since 6 May 2015, except the Kicker contract. 3. The applicant provides: * DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract) * NGB Form 594-1 (Army National Guard SMP Agreement) * memorandum, dated 23 April 2015 * promotion orders, dated 7 October 2015 * transfer orders, dated 7 October 2015 and 6 July 2016 * NGB Form 5435 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Army National Guard on 7 August 2012 for a period of 8 years. 2. He enrolled as a cadet in the ROTC program on 6 May 2015 and he completed his SMP agreement on 6 May 2015. 3. He was promoted to sergeant effective 6 May 2015 and awarded primary MOS 09R. 4. He signed his NGB Form 5435 on 20 November 2015. 5. During processing of this case, an advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, NGB. NGB recommends approval of the applicant's request. The opinion stated: a. The Kentucky Army National Guard reports administrative errors caused the delay in generating the applicant's MGIB-SR Kicker contract. b. Fiscal Year 2014 Selective Reserve Incentive Policy explains a Soldier must complete a MGIB-SR Kicker addendum after contracting in the ROTC Advanced Course and after completion of the SMP agreement, but before the date of commissioning. Per Fiscal Year 2014 Selective Reserve Incentive Policy the applicant was fully eligible for the MGIB-SR Kicker contract, but administrative errors led to a delay in initiating the MGIB-SR Kicker contract at the appropriate time to ensure he would receive first payment upon eligibility of his first payment. c. This advisory opinion was coordinated with the Army National Guard Incentive Branch. d. The Kentucky Army National Guard concurs with this recommendation. 6. A copy of the advisory opinion was forwarded to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: National Guard Regulation 600-7 (Selected Reserve Incentive Programs) states a Soldier enrolled in ROTC (MOS 09R) without a Kicker contract is eligible to complete a Kicker addendum from completion of a DA Form 597 series ROTC cadet contract and NGB Form 594-1 (SMP Agreement) and the award of a 09R MOS in Standard Installation/Division Personnel System up to date of commissioning. DISCUSSION: 1. The applicant requests correction of his NGB Form 5435 to show he signed it on 6 May 2015 because he was a contracted SMP cadet on that date. 2. The Kentucky Army National Guard reports administrative errors caused the delay in generating the applicant's MGIB-SR Kicker contract. 3. Per the advisory official, the applicant was fully eligible for the MGIB-SR Kicker contract on 6 May 2015. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001069 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001069 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2