BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20160008340 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: 9 August 2016 DOCKET NUMBER: AR20160008340 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 showing an exception to policy was approved by the National Guard Bureau and the applicant was, and is, fully eligible to receive the Non-Prior Service Enlistment Bonus he contracted for on 1 March 2012. __________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: 9 August 2016 DOCKET NUMBER: AR20160008340 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, in effect, an exception to policy (ETP) to retain his eligibility for a Non-Prior Service Enlistment Bonus (NPSEB) and the Student Loan Repayment Program (SLRP), both of which he contracted for at the time of his enlistment in the Virginia Army National Guard (VAARNG). 2. The applicant states, in effect, he enlisted on 1 March 2012 with a contracted initial active duty for training (IADT) ship date of 11 June 2012. However, unknown to him, his orders to basic training were generated with a report date to the Military Entrance Processing Station (MEPS) of 12 June 2012. Due to this one day discrepancy, 50% (percent) of his bonus and all of his SLRP incentive has been denied. He believes a clerical error was made and that he has no control over the generation of the orders causing the denial of his incentives. He has been in good standing with his unit and has completed all of the necessary training in the prescribed timeframe. 3. The applicant provides: * Guard Annex (Enlistment/Reenlistment Agreement – ARNG Service Requirements and Methods of Fulfillment), dated 1 March 2012 * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 (Non-Prior Service Critical Paragraph/Line Number Military Occupational Specialty (MOS) Enlistment Bonus – Decentralized State Incentive Pilot Program Addendum – ARNG of the United States)), dated 1 March 2012 * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Enlisted Loan Repayment Program (ELRP) Addendum – ARNG)), dated 1 March 2012 * Orders 1287019, issued by MEPS, Glen Jean, WV on 6 March 2012 * Orders 1287020, issued by MEPS, Glen Jean, WV on 7 March 2012 * Orders 2067001, issued by MEPS, Glen Jean, WV on 7 March 2012 * DD Form 220 (Active Duty Report), dated 25 July 2012 * DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 26 July 2013 * email from the VAARNG State Incentives NCOIC, dated 3-4 July 2014 * a memorandum from the NGB to the VAARNG State Incentive Manager, subject: Request for ETP for the NPSEB (Applicant), dated 17 November 2015 * a memorandum from the VAARNG State Incentive Manager, subject: Notification of ETP Result, dated 18 February 2016 * a memorandum from Director, Case Management Division, Army Review Boards Agency (ARBA), dated 5 April 2016 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 provides a memorandum from the Director, Case Management Division, ARBA, dated 5 April 2016, which addresses his request for an ETP to retain his eligibility for a NPSEB and SLRP entitlements. It states his application was "filed without action and without prejudice," due to his failure to exhaust all of his administrative avenues with his state Adjutant General and the NGB in accordance with applicable Army regulations. 3. The applicant resubmitted his application for correction of his record; however, his provided evidence related to his NPSEB appeal only and did not include any documentation related to an error or injustice with respect to his SLRP benefits. Specifically, there is no evidence that shows he was previously denied repayment of his student loans and he did not provide documentation that shows his SLRP benefits were denied, or documentation that shows he appealed to the NGB for reinstatement of his SLRP entitlements. Therefore, absent his submission of clarifying documentation, this portion of his request will not be further discussed. 4. The applicant enlisted in the VAARNG on 1 March 2012, in military occupational specialty (MOS) 13F (Fire Support Specialist), for a period of 8 years (6 years in a Selected Reserve unit and 2 years in the Individual Ready Reserve). The Guard Annex that he and a witnessing official signed shows he enlisted under the split training option and was to report back to the MEPS on 11 June 2012 for the first phase of IADT. 5. In connection with his contract, he signed a NGB Form 600-7-1-R-E. This form shows: * he contracted for an NPSEB under a critical paragraph/line number MOS of "111/04, 13F" * he enlisted in Headquarters & Headquarters Company, 3rd Battalion, 116th Infantry Regiment (Unit Identification Code (UIC): WXA3T0), VAARNG * the paragraph and line number was authorized by Headquarters Department of the Army for a bonus entitlement of $2,500, payable in three installments * he would forfeit 50% of the total incentive if he did not ship on the original scheduled IADT ship date of 11 June 2012 * signatures were affixed to the last page of this addendum and the form contains a bonus control number 6. He provides and his record contains the following: a. Orders 1287019, issued by MEPS, Glen Jean, WV on 6 March 2012, which ordered him to report to the MEPS no later than 1600 hours on 12 June 2012, with a follow-on report date of 13 June 2012 to Fort Benning, GA. b. Orders 1287020, issued by MEPS, Glen Jean, WV on 7 March 2012, which rescinded Orders 1287019. c. Orders 2067001, issued by the MEPS, Glen Jean, WV on 7 March 2012, which ordered him to IADT and to report to the MEPS no later than 1800 hours on 12 June 2012, with a follow-on report date of 13 June 2012 to Fort Benning, GA. d. DD Form 220, dated 25 July 2012, from Fort Benning, GA, which shows his effective date on active duty was 12 June 2012 and his report date was 13 June 2012. It further shows he completed basic combat training on 23 August 2012. e. DD Form 214, for the period ending 26 July 2013, which shows he was honorably released from active duty training by reason of completion of required active service and transferred back to his ARNG unit. It shows his MOS as 13F. 7. He provides a string of emails, dated 3-4 July 2014, between the VAARNG State Incentive Manager and his unit, requesting an ETP be submitted based on the applicant missing his contracted ship date of 11 June 2012. The email does not address which incentive the ETP request was referring to. His record does not contain a copy of his ETP request for continued entitlement to the incentives. 8. He provides a memorandum from the NGB, addressed to the VAARNG State Incentive Manager, dated 17 November 2015, subject: Request for ETP for NPSEB (Applicant). The official notes the following: a. Reference: ARNG Decentralized State Incentive Pilot Program (DSIPP) Selected Reserve Incentive Program (SRIP) Guidance. b. An ETP to retain the $2,500 NPSEB is disapproved for failing to ship on the original scheduled ship date, which violated ARNG DSIPP 11-02. c. Contract/agreement details: * State enlisted/accessed: VA; UIC: XA3T0 * Date of agreement/enlistment: 1 March 2012 * Contracted bonus addendum/agreement amount: $2,500 * Contracted (area of consideration (AOC)/MOS: 13F; Current AOC/MOS: 13F d. The State Incentive Manager will decrement the incentive by 50% in accordance with policy guidance. e. The applicant may file a claim with the ABCMR in accordance with AR 15-185, if there is belief that an error or injustice still exists. 9. He further provides a memorandum from the VAARNG State Incentive Manager notifying him that the ETP was disapproved. REFERENCES: 1. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) 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. DISCUSSION: 1. The applicant contracted for an NPSEB on 1 March 2012. He was eligible for a bonus of $2,500, payable in three installments as outlined in his contract. His contract stated his IADT ship date was 11 June 2012. However, he received orders issued by the MEPS that clearly show his report date to the MEPS was 12 June 2012. 2. His DD Form 220 confirms his effective active duty date of 12 June 2012, signifying he complied with the MEPS orders. 3. His ETP request was denied by the NGB based on his failure to ship on 11 June 2012 and did not consider the orders published by the MEPS, which he complied with, that changed his ship date. 4. Notwithstanding the denial of the ETP by the NGB, and in view of the aforementioned above, decrementing his NPSEB incentive by 50% would be contrary to equity and good conscience and against the best interest 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) AR20160008340 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008340 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2