IN THE CASE OF: BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20150002187 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: 28 July 2016 DOCKET NUMBER: AR20150002187 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 DD Form 4, dated 25 September 2014, to show he reenlisted on 1 October 2014 and contracted for a $10,000.00 First Term Soldier Reenlistment Bonus. _____________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: 28 July 2016 DOCKET NUMBER: AR20150002187 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: a.  the execution date on his DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) be changed from 25 September 2014 to 1 October 2014 and b.  payment of a $10,000.00 First Term Soldier Reenlistment Bonus. 2. The applicant states the error was not his fault. 3. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * Selected Reserve Incentive Program – U.S. Army Reserve (USAR) Reenlistment Bonus Addendum * DA Form 3540 (Certificate and Acknowledgment of U.S. Army Reserve Service Requirements and Methods of Fulfillment) * DA Form 4856 (Developmental Counseling Form) * Army Regulation 140-111 (USAR Reenlistment Program) extracts * USAR Form 130-R (Reenlistment Eligibility Worksheet) CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR Delayed Entry/Enlistment Program on 20 September 2007, thereby establishing a statutory military service obligation through 19 September 2015. He then enlisted in the Regular Army on 27 September 2007 in the rank/grade of private/E-1 for a period of 5 years and 23 weeks. 2. On 6 March 2013, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement). 3. U.S. Army Human Resources Command Orders C-03-403263, dated 11 March 2014, released him from the USAR Control Group (Reinforcement) and reassigned him to the 910th Quartermaster Company, 2d Platoon, for the period 26 February 2014 to 19 September 2015. 4. The applicant's USAR Form 130-R, dated 24 September 2014, shows he was fully qualified for reenlistment. 5. On 25 September 2014, he reenlisted in the USAR for a period of 6 years. 6. His DD Form 4 shows the following remarks: a.  immediate reenlistment Troop Program Unit in accordance with Army Regulation 140-111, chapter 6, b.  bonus control number M06B01406999, c.  his acknowledgement that the effective date of his reenlistment was 26 September 2014, 1 day following his current expiration term of service (ETS) date of 25 September 2014, and any bonus payments would begin on 26 September 2014, and d.  his contract ETS date would be 25 September 2020. 7. His USAR Reenlistment Bonus Addendum shows his military occupational specialty (MOS) of 92F (Petroleum Supply Specialist) was an approved bonus MOS and he was reenlisting in a unit which had been approved as a bonus unit. This document also shows in section V (Entitlement), he: a.  acknowledged he was reenlisting for a period of 6 years with a bonus amount of $15,000.00 in accordance with the USAR Selected Reserve Incentive Program list, and b.  initialed his election for the 3/6-Year Lump Sum Option (First Term Soldiers Only) in which he acknowledged his ETS date was equal to or less than his mandatory statutory obligation. The lump sum pay amount would be received upon providing proof of contract and qualification at time of request for payment. Retaining the bonus once paid was contingent upon satisfactory participation in the Selected Reserve and subject to current recoupment policy. The lump sum payment of the bonus would begin on the effective date of the contract. 8. On 18 October 2014, his career counselor completed a DA Form 4856 in which he stated: a.  He was not aware at the time of the applicant's reenlistment that he was a traditional Reservist serving on a 6 X 2-year contract. b.  The applicant's ETS date was the same as his military service obligation date of 19 September 2015 since he had transferred from the Individual Ready Reserve to a Troop Program Unit. c.  The ETS date on the applicant's contract was incorrect and when his reenlistment documents were prepared, his reenlistment became an immediate reenlistment and would have qualified him for the Fiscal Year 2014 first-term Soldier bonus of $15,000 had his correct ETS date been prior to 1 October 2014. d.  The error was discovered when the applicant's reenlistment documents were under review. The following corrective options were presented to the applicant: (1)  Elect to continue to service and do a Corrected Copy DD Form 4 with no Selective Reenlistment Bonus with an ETS date of 19 September 2021. (2)  Appeal the contract to Headquarters, Department of the Army. e.  The career counselor recommended the execution date on the applicant's DD Form 4 be changed to 1 October 2014 and that he receive the Fiscal Year 2015 First-Term Soldier bonus of $10,000.00 for MOS 92F in accordance with the Selected Reserve Incentive Program policy, dated 25 September 2014, effective 1 October 2014. 9. On 18 October 2014, the applicant agreed with his career counselor and chose the option of appealing to the Army Board for Correction of Military Records. 10. His DD Form 4, dated 25 September 2014, and associated reenlistment documents are not filed in his Interactive Personnel Electronic Records Management System. REFERENCES: 1. Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and provides procedures for management of the Reserve Component incentive programs. Section 6.2 (Written Agreements) states that 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. 2. Army Regulation 135-7 (ARNG and Army Reserve Incentive Programs) prescribes the policy and procedures for the administration of the ARNG and the U.S. Army Reserve incentive programs. The regulation identifies the documents required to effect a reenlistment or extension which includes reenlistment/ extensive incentive annexes which applicants are required to read and understand prior to effecting a reenlistment or extension. 3. Army Reserve G1 memorandum, dated 2 July 2014, subject: Change 2, Army Reserve Fiscal Year 2014 2nd Half Selected Reserve Incentive Programs Policy Guidance for 1 April 2014 through 30 September 2014, provided policy and eligibility criteria for USAR retention incentives. a.  MOS 92F was not listed as an eligible MOS for a $15,000.00 Troop Program Unit Reenlistment Bonus. b.  MOS 92F was listed as an eligible bonus MOS for a $15,000 First Term Soldier ETS Prior to 1 October 2014. 4. Army Reserve G1 memorandum, dated 25 September 2014, subject: Army Reserve Fiscal Year 2015 1st Half Selected Reserve Incentive Programs Policy Guidance for 1 October 2014 through 31 March 2015, provided policy and eligibility criteria for USAR retention incentives. MOS 92F was listed as an eligible MOS for a $10,000.00 First Term Soldier Reenlistment bonus. 5. Military Personnel Message Number 13-155, dated 21 June 2013, subject: Initial Implementing Guidance for Secretary of the Army Directive: Key Supporting Documents Required for the Army Military Pay Audit Readiness, and Army Regulation 600-8-104 (Military Personnel Information Management/ Records) states it is the responsibility of the office of origin (the office that generates a completed document) to upload the document to iPERMS. Documents must be loaded in iPERMS in order for the Soldier to receive incentive payments. DISCUSSION: 1. The applicant reenlisted with an effective date of 26 September 2014 and with expectations of a $15,000.00 First Term Soldier Reenlistment Bonus. His reenlistment contract was incorrectly prepared and determined to be in error. As a result of the error, he was ineligible for the $15,000.00 bonus. 2. Had he reenlisted on or after 1 October 2014, he would have been eligible for a $10,000.00 First Term Soldier Reenlistment Bonus. 3. The Army is not liable for the erroneous actions of its officers, noncommissioned officers, agents, or employees, even though committed in the performance of their duties. However, the applicant did sign a contract in good faith. Requiring the applicant to uphold his portion of the contractual obligation by serving 6 years in the USAR without receiving a bonus would not be equitable. There is no statutory or regulatory bar to amending his reenlistment contract to show he reenlisted on 1 October 2014. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150002187 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150002187 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2