IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20160004970 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 IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20160004970 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. IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20160004970 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 record to show eligibility for the enlistment bonus paid under the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 35W (Electronic Warfare Signal Intelligence (SIGINT) Recruit). 2. The applicant states, in effect: * he was prior service when he enlisted in the Regular Army (RA) as a specialist (SPC)/E-4 under the ACASP in MOS 35W (specializing in French) * he was told at that time he was not eligible for this bonus, but later found this was incorrect; he met other Soldiers who enlisted under the same circumstances, but they received the bonus * he contacted Mr. JGD in the Prior Service Accessions and Liaison Office (U.S. Army Recruiting Command (USAREC)); this person confirmed with the element of USAREC dealing with languages that he should have been given the bonus * the applicant additionally cited, as a basis for his authorization to receive this bonus, USAREC Message 11-106, dated 24 February 2011, Subject: Processing of Skilled Linguist Applicants Under the ACASP 35W 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 26 August 2010 * USAREC Message 11-106, dated 24 February 2011 * notification of a successful reservation for MOS 35W, dated 25 March 2011 * RA Applicant Data Report, dated 25 March 2011 * Job Qualification Information for MOS 35W, undated * DA Form 330 (Language Proficiency Questionnaire), dated 28 June 2010 * DA Form 3286 - Annex B (Statement for Enlistment - U.S. Army Enlistment Program), dated 30 June 2011 * Orders Number 384-12, dated 11 October 2011 * email, dated 16 March 2012 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. Having had prior enlisted service in the North Carolina Army National Guard and the U.S. Army Reserve (USAR), he enlisted in the RA on 30 June 2011 as an SPC/E-4 in MOS 35W. 3. His official military personnel file contains the following documents: a. DD Form 214, for the period ending 26 August 2010, that shows he completed 9 months and 10 days of net active service for that period, with 1 year, 5 months, and 22 days of prior active service. b. DA Form 3286 - Annex A (Statement of Understanding - RA Enlistment Delay for Applicants with Prior Service or an Existing Military Service Obligation), dated 25 March 2011, shows his application for enlistment in the RA was accepted under the following terms: * must remain fully qualified for enlistment, scheduled for 30 June 2011 * enlistment option is U.S. Army Station/Unit/Area/Command Enlistment Program (Europe) * assured to attend the school for 35W, special qualification identifier (SQI) - L (Linguist) * his civilian-acquired skill as a SIGINT Recruit was recognized for enlistment, and the program authorizes him to be advanced in grade based on demonstrated skill; he will advance to the pay grade of E-4 c. DA Form 330, dated 28 June 2010, showing he achieved a level-2 for listening, and level-3 for reading in French on the Defense Language Proficiency Test (DLPT). d. Section VI (Remarks) of his DD Form 1966 (Record of Military Processing - Armed Forces of the U.S.), dated 30 June 2011, shows: * languages: French and German * recent military service - Army, beginning 2 February 2006 and ending 26 August 2010 * enlistment under the ACASP program, in accordance with Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment Program), chapter 7 (RA and Reserve Component CASP), Table 7-2 or Table 7-3 * qualified to process for top secret or secret clearance * an administrative waiver was approved by the headquarters waivers chief (the waived requirement is not listed) * an exception was approved by Grade Determination Analyst Mr. JGD, dated 23 March 2011, with a specific control number identified; the exception was made to current prior service business rules for MOS 35W * he met the qualifications outlined in USAREC Message 11-106 * the request regarding grade determination for the purpose of enlistment in the RA was approved in the grade of E-4 e. DA Form 3286 - Annex B, dated 30 June 2011, states he acknowledged: * enlistment for the U.S. Army Station/Unit/Area/Command Enlistment Program (Europe) * based on enlisting in this program, he was assured training in MOS 35W, SQI - L * his civilian-acquired skill as a SIGINT Recruit was recognized for enlistment, and the program authorized him to be advanced in grade based on demonstrated skill; he would advance to the pay grade of E-4 4. The applicant provides: a. USAREC Message 11-106, dated 24 February 2011, Subject: Processing of Skilled Linguist Applicants Under the ACASP 35W. (1) The message's purpose was to provide awareness of an enlistment option for applicants with certain language abilities. The Army was in dire need of Soldiers with certain language capabilities. The 35W skilled linguist enlistment option under ACASP for both RA and USAR was a recruiting opportunity. (2) The requirement included French linguists for both the RA and USAR. (3) Enlistment benefits included: * ACASP bonus was $5,000 for test score categories I thorough IIIA * enlistment incentives, such as enlistment bonuses and student loan repayment program * enlistment at the rank/grade of SPC/E-4 * eligibility for a foreign language proficiency bonus upon graduation from advanced individual training and the award of the MOS (4) Qualifications: * DLPT qualification levels of at least "2" for listening and "2" in reading * U.S. citizenship (either native-born or naturalized) * security clearance - must meet top secret, sensitive compartmented information (TS/SCI) access eligibility requirements; an interim TS/SCI access granted by the Central Clearance Facility meets this requirement * minimum score of 91 in aptitude area ST (Skilled Technical) on the Armed Service Vocational Aptitude Battery (ASVAB) * must be a high school graduate * must demonstrate clear enunciation and comprehension in English as well as good English grammar skills (5) Prior Service Eligibility - prior service applicants with skills acquired through military service cannot be enlisted under ACASP, however all prior service applicants who have had a break in RA or USAR service of 3 or more years may enlist for ACASP. b. Document, dated 25 March 2011, showing the applicant had a successful reservation completed for MOS 35W under the U.S. Army Station of Choice enlistment option. Total bonus amount is listed as "0." c. RA Applicant Data Report, dated 25 March 2011, shows: * he was a native-born U.S. citizen * his ASVAB ST score was 128 * he had 17 years of education and a baccalaureate degree * the reason for his advance grade on enlistment was ACASP * he was a prior service applicant who had two periods of active duty, with the last ending in 2010 * he was enlisting for MOS 35W, SQI L (French) * under "Remarks" it reflects RA prior service E-4; grade waiver approved by Mr. JGD; ACASP 35W (French); 1st assignment: Germany * no reference is made to ACASP bonus eligibility d. Orders Number 284-12, dated 11 October 2011, issued by U.S. Army Intelligence Center of Excellence, awarded him primary MOS 35P1L (French) effective 13 October 2011. e. Email, dated 16 March 2012, from GPM, Assistant Inspector General (IG), USAREC, addressed to someone other than the applicant, essentially suggests this person to submit an application to the ABCMR, and use as justification the below referenced White Paper prepared by USAREC for Department of the Army (DA). The White Paper states, in effect: * currently, prior service applicants that are proficient in a foreign language critical to the needs of the Army are able to process under the ACASP for MOS 35P * the ACASP is designed to reward applicants for their foreign language proficiency skills; the current ACASP incentive is $20,000, but must be combined with an enlistment bonus * prior service applicants are not eligible for an enlistment bonus, and thus receive no incentive for returning to active duty * non-prior service applicants receive incentives up to $40,000 to process under ACASP for their foreign language proficiency; applicants processing under ACASP receive no formal language training at the Defense Language Institute * Soldiers on active duty are eligible to reenlist for incentives up to $40,000 for MOS 35P * recruiting more ACASP linguists into MOS 35P will save the Army up to $200,000 per Soldier; prior service Soldiers have a decreased training time, and are able to reach priority units faster * recommend prior service applicants receive the ACASP incentive for enlistment in MOS 35P 5. In an advisory opinion, dated 3 June 2016, an official from the Deputy Chief of Staff (DCS), G-1, recommended disapproval of the applicant's request. a. DA Incentives Message, dated 1 April 2011, was in effect when the applicant enlisted as a prior service applicant. During that time, the ACASP bonus was offered only to non-prior service applicants. This is why the bonus does not appear on his enlistment documents. b. The applicant has received Foreign Language Proficiency Pay, but that program is separate from the ACASP enlistment bonus. 6. The Case Management Division, Army Review Boards Agency, provided the applicant a copy of the advisory opinion on 3 June 2016. He did not submit any comments in response. 7. The official from DCS, G-1 gave a further clarification in an email, dated 15 August 2016. He provided a copy of the DA Incentives Messages, dated 1 April 2011 and 3 January 2011, respectively, and addressed the comments in the remarks section of the applicant's DD Form 1966, essentially stating: * the exception to policy, as listed on his DD Form 1966, was regarding his grade determination and his qualification to obtain a secret clearance * the remarks do not address eligibility for the incentive program * paragraph 5 of the DA Incentives Message, dated 1 April 2011, stated only non-prior service applicants were eligible for the ACASP bonus; paragraph 8B also indicated the prior service enlistment bonus had been rescinded, except for MOS 09L (Interpreter/Translator) applicants * the DA Incentives Message issued just prior was dated 3 January 2011; it also stated only non-prior service applicants were eligible, and that the prior service enlistment bonus had been rescinded, except for MOS 09L REFERENCES: AR 601-210, chapter 7, in effect at the time, provided policy and guidance for implementing the ACASP. a. The program was available to qualified applicants with or without prior service. All prior service applicant who had a break in RA or USAR service of 3 or more years, and who were qualified under chapter 7, could enlist for ACASP, regardless of former MOS. b. Applicants enlisting under the ACASP were to be enlisted in pay grade E-4. No additional accelerated promotion was authorized, unless enlist in the U.S. Army special bands. DISCUSSION: 1. The applicant requests eligibility for the enlistment bonus paid under the ACASP for MOS 35W. He bases his request on information from an unnamed source (provided through Mr. JGD, Prior Service Accessions, USAREC) who affirms his eligibility. Additionally, he cites USAREC Message 11-106, dated 24 February 2011, and an email sent by an official from the USAREC IG to another person. a. A review of USAREC Message 11-106 reveals all prior service applicants for ACASP enlistment are eligible for this program when they have had a break in RA or USAR service of 3 or more years. The applicant was last on active duty until 26 August 2010, while a member of the USAR, and enlisted in 2011. Thus, he does not appear to have met this criterion. b. The email, dated March 2012, apparently gives recommended justifications for the submission of an ABCMR application to someone other than the applicant. As part of that, the official cites a White Paper, purportedly prepared by USAREC for DA, in which a recommendation is made to offer the ACASP bonus to prior service enlistees in MOS 35P. It is important to note the White Paper is not a statement of policy, nor does it reflect regulatory guidance. Rather, the White Paper offers a proposal for possible future action by DA. 2. An official from the DCS, G-1 provided an advisory opinion in which he cited the DA Incentives Message that was in effect when the applicant enlisted in the RA. a. This message clearly shows no bonus was being offered to prior service applicants enlisting under the ACASP. Additionally, no ACASP bonus was available for prior service applicants since at least January 2003. b. The apparent frequency with which DA Incentive Messages were being issued at the time suggests bonus criteria could potentially change as often as quarterly. As such, prior service applicants could, at various times, and based on the needs of the Army, have been eligible for an ACASP bonus. Nonetheless, the only relevant guidance is that which was current at the time of the applicant's enlistment. c. The message in effect when he enlisted did not permit prior service applicants enlisting under ACASP in MOS 35W or 35P to receive a bonus. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004970 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004970 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2