BOARD DATE: 8 September 2016 DOCKET NUMBER: AR20160011969 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: 8 September 2016 DOCKET NUMBER: AR20160011969 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. showing she was granted an exception to policy to retain the non-prior service enlistment bonus (NPSEB) in accordance with the terms of her enlistment contract; and b. paying her the total amount of her NPSEB as specified in her enlistment contract and returning to her any monies that have been recouped. ___________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: 8 September 2016 DOCKET NUMBER: AR20160011969 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 records to show she was granted an exception to policy (ETP), allowing her to retain the non-prior service enlistment bonus (NPSEB) she contracted for. 2. The applicant states she enlisted on 2 August 2012 for an 8-year service obligation and received the Montgomery GI Bill Kicker, as well as a $5,000 bonus. Upon enlistment, the unit stated they had accidentally triple-slotted the military occupational specialty (MOS), so to ensure she would still receive her bonus, she was transferred to a new unit and placed into a "hard slot." Due to a discrepancy in documentation on the unit's end; however, the appeal to receive her bonus was denied. She was not at fault for any of the mishaps leading up to the denial and has remained in good standing with her unit. Her current unit attempted to file an appeal; however, the National Guard Bureau (NGB) denied the appeal. She has committed herself to keeping her end of the contract, it is only right that the Army also take care of the Soldier in return. 3. The applicant provides: * DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 2 August 2012 * NGB Form 600-7-1-R-E (Annex E to DD Form 4 – NPS Bonus Addendum – Army National Guard (ARNG) of the United States (ARNGUS)), dated 2 August 2012 * Orders Number 035-106, issued by Michigan Army National Guard (MIARNG) on 4 February 2013 * Orders Number 035-135, issued by MIARNG on 4 February 2013 * Orders 288-135, issued by MIARNG on 15 October 2014 * A letter from the applicant to the MIARNG Incentive Manager, dated 16 October 2014 * a memorandum from MIARNG, addressed to the Chief, Guard Strength Education, NGB, dated 20 October 2014, subject: Request for ETP for Private First Class (PFC) [Applicant] * a memorandum from the NGB, addressed to the MIARNG State Incentive Manager, dated 28 October 2015, subject: Request for ETP for NPSEB (Specialist (SPC) [Applicant], -2513) 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. The applicant enlisted in the MIARNG on 2 August 2012. In connection with her enlistment, she executed a (an): a. DD Form 1966 (Record of Military Processing – Armed Forces of the United States), which shows she was enlisting for a NPSEB in the amount of $5,000 and training in MOS 35F (Intelligence Analyst), with assignment to Headquarters and Headquarters Company (HHC), 1225th Combat Sustainment Battalion (CSB), Detroit, MI. b. NGB Form 600-7-1-R-E, which shows she was accepting assignment to the ARNG with entitlement to an enlistment bonus under the Selected Reserve Incentive Program (SRIP), to receive a NPSEB in the amount of $5,000. She also indicated she understood: * Section II (Eligibility) * she was enlisting in a critical skill vacancy * she must not be filling an excess or over strength position * she was enlisting in the ARNG for a period not less than 6 years * MOS: 35F * Unit Identification Code (UIC): WPTYAA * Unit Name: HHC, 1225th CSB * Section III (Bonus Amounts and Payments) – (paragraph 1a) the total bonus amount of $5,000 less taxes in MOS 35F. This is a valid, vacant position. 3. On 17 May 2013, she completed training and was awarded MOS 35F. 4. The applicant provides: a. Orders 035-135, issued by the MIARNG on 4 February 2013, which reassigned her to the 177th Military Police Brigade (UIC – TZAHD) effective 6 February 2013. b. Orders 288-135, issued by MIARNG on 15 October 2014, which amended Orders 035-135 to show the transfer reason as "command directed." 5. On 16 October 2014, the applicant submitted a memorandum to her unit Incentive Manager requesting an ETP be submitted on her behalf. It stated, in effect, that she was informed by her old unit that an error had been made and 3 Soldiers had been slotted into the same hard slot. To avoid losing her bonus, she was transferred into a hard slot within her current unit. 6. On 20 October 2014, the MIARNG requested an ETP on the applicant's behalf to allow her to retain her NPSEB. 7. On 28 October 2015, the Chief, Personnel Programs, Resources and Manpower Division, NGB reviewed and denied the applicant's ETP request, for the following reasons: * the applicant was accessed into an unauthorized position at the start of the contractual agreement, in violation of ARNG SRIP 12-01 * the Bonus Control Number (BCN) was requested after the date of enlistment, in violation of ARNG SRIP 12-01 * the applicant was not serving in the UIC for which contracted, in violation of ARNG SRIP 12-01 The appropriate official directed the State Incentive Manager to terminate the incentive with recoupment, effective the contract start date. REFERENCES: 1. ARNG SRIP Policy Number 12-01, dated 17 April 2012 and effective 5 June 2012, stated, in part: a.  A Soldier must enlist for a critical skill vacancy in the grade of E-4 or below for a minimum 6-year enlistment. b.  A Soldier must enlist in a qualifying valid, top-loaded Automated Unit Vacancy System position in the Recruit Quota System in an Modified Table of Organization and Equipment or medical table of distribution and allowances unit and must not be filling excess, over-strength, or manually-loaded vacancies. Exceptions not authorized. 2. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. DISCUSSION: 1. The applicant requests approval of an ETP for retention of her NPSEB. 2. The evidence of record shows the applicant contracted for a NPSEB on 2 August 2012. After completion of initial active duty training, she was awarded MOS 35F. While still in training and due to no fault of her own, she was transferred to another unit as she was assigned against an over-strength position. Consequently, she was no longer serving in the contracted UIC for which the incentive was approved. 3. The MIARNG submitted an ETP request on the applicant's behalf; however, the request was denied by NGB for the aforementioned reasons and because the BCN was requested after the date of enlistment. The applicant's NPSEB addendum reflects the reservation transaction ID number and is authenticated by the witnessing officer and the applicant on her date of enlistment, 2 August 2012. Therefore, this statement by the NGB is inaccurate. 4. The applicant's enlistment documents show an NPSEB was offered at the time of her enlistment in the MIARNG, she accepted the incentive offer made in good faith, and she is serving in the contracted MOS. The applicant would have had no way of knowing that was she placed against an unauthorized or excess position at the time of her enlistment. The evidence indicates that denial of an ETP allowing her to retain the NPSEB is contrary to equity and against the best interests of the Army. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160011969 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160011969 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2