IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150006231 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: 3 MARCH 2016 DOCKET NUMBER: AR20150006231 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. Enclosure 1 IN THE CASE OF: BOARD DATE: 3 MARCH 2016 DOCKET NUMBER: AR20150006231 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 her non-prior service enlistment bonus (NPSEB). 2. The applicant states: a.  Her signed contract, dated 26 April 2010, is a legal and binding document and should be honored. b.  Her DA Form 5261 (Selected Reserve Incentive Program (SRIP) Enlistment Bonus Addendum), section 7-4, explains that her entry into the Active Guard Reserve Program should not have terminated her eligibility for the remainder of her NPSEB. c.  Army Regulation 135-7 (Army National Guard (ARNG) and Army Reserve – Incentive Programs), paragraphs 2-4b and 2-6h, reconfirm her eligibility for the remainder of her NPSEB. d.  The denial letter pertaining to her request for an ETP to retain her NPSEB does not reference a particular regulation or policy that would justify denial. 3. The applicant provides: * ETP packet, dated 10 November 2014 * Army Regulation 135-7 extracts 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 U.S. Army Reserve (USAR) on 26 April 2010 for a period of 8 years. 3. In connection with her enlistment, she executed: a.  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 $11,000.00 and training in military occupational specialty (MOS) 37F (Psychological Operations Specialist); b.  a DA Form 5621 (Selected Service Incentive Program – Enlistment Bonus Addendum) which shows she agreed to serve her initial 6 years in a bonus unit, Headquarters and Headquarters Company, 11th Psychological Operations Battalion, Upper Marlboro, MD, in MOS 37F for a NPSEB in the amount of $11,000.00, unless she was excused for the convenience of the government, to include normal progression; and c.  Reserves Annex (Certificate and Acknowledgement – USAR Service Requirements and Methods of Fulfillment) which shows she was enlisting in the USAR for a NPSEB in the amount of $11,000.00, with assignment to the 11th Psychological Operations Battalion, Upper Marlboro, MD, in MOS 37F. 4. Her DA Form 5261 shows in: a.  section III (Acknowledgement), paragraph 6, she acknowledged she was enlisting in the USAR with concurrent assignment to Headquarters and Headquarters Company, 11th Psychological Operations Battalion, Upper Marlboro, MD, for a minimum of 6 years and her incentive entitlement was based on the unit vacancy authorized by Headquarters, Department of the Army for a bonus entitlement. b.  section VII (Termination), paragraph 4, shows she acknowledged her entitlement to the NPSEB would be terminated if she were to be separated from her status as an enlisted Soldier assigned to a unit of the Selected Reserve, for any reason, except when separated for an authorized period of non-availability or entry on active duty or full-time National Guard duty (FTNGD) and recoupment action could occur unless her separation was due to: * unit inactivation, reorganization, conversion, relocation, reduction of over-strength, or reduction in force * acceptance of immediate appointment as an officer in the Ready Reserve after she had served 1 year or more in a Selected Reserve unit under her agreement * death, injury, illness, or other impairment not the result of her own misconduct * involuntary order to extended active duty in the Active Army or voluntary enlistment in the Active Army * becoming an assigned member of the Control Group (Reserve Officers' Training Corps) 5. On 17 February 2011, she completed training and she was awarded MOS 37F. She was assigned to Headquarters and Headquarters Company, 11th Psychological Operations Battalion, Upper Marlboro, MD, on the same date. 6. On 30 September 2013, the applicant received an offer for an AGR position with the 1003d Civil Affairs and Psychological Operations Training Company, Garner, NC, in MOS 37F. 7. She accepted the AGR position and U.S. Army Human Resources Command Orders R-12-386557, dated 5 December 2013, assigned her to the 1003d Civil Affairs and Psychological Operations Training Company, Garner, NC, effective 6 January 2014. 8. On 10 November 2014, she submitted a request for an ETP to retain her NPSEB with concurrence from her chain of command. 9.  On 5 March 2015, the Chief, Manning Division, Headquarters, USAR Command, denied her NPSEB ETP request. The USAR Command stated Army policy stipulates termination of the unearned portion of the NPSEB upon entry into the AGR Program. REFERENCES: Army Regulation 137-7 provides guidance for ARNG and USAR incentive benefits and identifies criteria and entitlement, termination, suspension, and recoupment requirements. a.  Paragraph 2-3 states an enlistment bonus is authorized when a Soldier enlists in the ARNG or USAR for a term of service of 8 years, of which 6 years must be served in the unit of the Selected Reserve. The Soldier may serve the remaining military service obligation in the Individual Ready Reserve or Inactive Army National Guard. b.  Paragraph 2-4b states entitlement to a cash enlistment bonus may be continued for Soldiers who later enter active duty or FTNGD in an AGR status. This is provided they remain otherwise eligible. This policy applies to Soldiers enlisting under the current SRIP provisions as well as those Soldiers who enlisted under the SRIP authorized for earlier fiscal years. c.  Paragraph 2-5.1c states, in part, the transfer process does not represent enlistment as a non-prior service applicant required for bonus eligibility under this chapter. d.  Paragraph 2-6h states enlistment bonus entitlement will stop if the Soldier separates from enlisted status in a Selected Reserve unit of the ARNG or USAR for any reason, except when separated for an authorized period of non-availability or entry on active duty or FTNGD in an AGR Status. DISCUSSION: 1. The applicant's request for approval of an ETP for retention of her NPSEB was carefully considered. 2. The evidence of record shows the applicant enlisted for an NPSEB in the amount of $11,000.00. During her enlistment processing, she acknowledged she understood she had to serve her initial 6 years in a bonus unit (i.e., Headquarters and Headquarters Company, 11th Psychological Operations Battalion, Upper Marlboro, MD), or in a bonus MOS, unless excused for the convenience of the government. 3. On 17 February 2011, she was awarded MOS 37F and assigned to Headquarters and Headquarters Company, 11th Psychological Operations Battalion, Upper Marlboro, MD. 4. On 6 January 2013, she was assigned to an AGR position with the 1003d Civil Affairs and Psychological Operations Training Company, Garner, NC. 5. Although she transferred to an AGR position, she failed to fulfill the terms of her enlistment bonus contractual agreement by serving her initial 6 years in the unit specified in her contract. //NOTHING FOLLOWS// ABCMR Record of Proceedings @#!CASENUMBER Enclosure 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20150006231 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2