ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	 

	BOARD DATE:  26 April 2019

	DOCKET NUMBER:  AR20160012601


APPLICANT REQUESTS: 

*	Bonus addendum be created to support his eligibility for the $7,500 Prior Service 
Enlistment Bonus (PSEB)
*	In the alternative, request relief from recoupment for the $7,500

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum in support of application
*	Soldier Incentives assistance Center (SIAC) Audit 
*	Exception To Policy Request
*	Exception To Policy Denial
*	Orders (179-1077)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

     a.  He request a bonus addendum be created to support his eligibility for the $7,500 
Prior Service Enlistment Bonus (PSEB).  He enlisted into the CA ARNG on                              
24 January 2005 and was fully eligible to contract for the PSEB (reference enclosure 1, 
SIAC Audit). His payment eligibility is in question due to absence of his bonus 
addendum however, he did sign the bonus addendum at the time of his enlistment and 
he provided it to his recruiter in Texas upon his transfer to the Texas National Guard on                          
26 June 2006, in order to confirm the bonus for payment.  He is unable to locate a copy 
of the addendum he signed over 10 years ago.

     b.  In addition, he had faith that the addendum would be appropriately filed pursuant 
to Incentive Program Rules, which were apparently not adhered to from 2004 until 2009, 
when the previous Incentive Manager for the CA ARNG was replaced and incarcerated 
for incentives fraud.  It appears his bonus was caught up in this period of gross 
incentives mismanagement.  

3.  A review of the applicant’s record show:

*	30 January 1995 - he enlisted in the California Army National Guard on he 
reenlisted on 24 January 2005 for a 3 years in the Duty Military Occupational 
Specialty (DMOS) 31B (Military Police)
*	he received a bonus in the amount of $7, 500
*	his completed 12 years, 4 months and 11 days of creditable service for retired 
pay, according to his Army National Guard Retirement Points History Statement 
*	28 June 2006 - ( order number 179-1077) he was transferred to the Texas Army 
National Guard 
  
4.  A SIAC audit was conducted on the applicant on 13 June 2014, which shows the 
applicant was fully eligible for PSEB in the MOS 31B with a Bonus Control Number 
(P050110CA).  The SIAC bonus audit summary states:

*	SM enlisted REB for 3 years, MOS 31B, UIC: WQUUAA, $7.5k, Re-enlistment 
Bonus on or around 20050124
*	SM was eligible to contract, but not for payment because the SM does not have a 
Bonus Addendum in iPerms, which violates Title 37 USA Sec 331 para (d)
*	SM was DMOS qualified on the contract signing date
*	SM was paid $3750 on 20050301
*	SM is still serving the CA ARNG
*	SM is subject to recoupment in this amount:  $7.5k
*	Recommend settlement Category 3a (Erroneous pay or entitlement 
(Correctable), Soldier must provide documentation
*	Remittance or waiver of indebtedness through command channels to DoD DOHA 
for a waiver of debt

5.  On 4 September 2014, the CA ARNG Solider Incentive Assistance Center requested 
supporting documents from the applicant to substantiate his incentive payment. 
The CAARNG Soldier Incentive Assistance Center recommended the applicant submit 
an Exception to Policy.  

6.  On 21 April 2015, the CAARNG, SIAC recommends approval to the applicant’s 
request for an exception to policy regarding his Prior Service Bonus and granting relief 
from recoupment.  The CAARNG Incentive Program routinely processed erroneous 
payments for SRIP and SLRP and ignored program rules without NGB authority to do 
so from 2004 until 2009 when the previous Incentive Manager for the CAARNG was 
replaced (as of 30 May 2012 the former IM was sentenced to 30 months in a federal 
penitentiary and $15.2 million dollars in restitution).  As a result of the previous IMs 
negligence and mismanagement, the applicant received a bonus payment without an 
approved ETP from the NGB.

7.  On 17 November 2015, the National Guard Bureau disapproved the applicant’s 
exception to policy request based upon unavailable written agreement that should have 
been in the applicant’s record which violates Department of Defense Instruction 
1205.21, paragraph 6.2.  In addition, the ARNG does not have the authority to approve 
the request.  The State Incentive Manager will terminate the incentive with recoupment 
effective the contract start date.  

8.  ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2005, 
dated 14 December 2004, provides for various enlisted and officer bonus incentives.

9.  DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in 
effect, requires each recipient of an incentive to sign a written agreement.  The 
agreement must clearly specify the terms of the Reserve Service commitment that 
authorizes the payment of the incentive.

BOARD DISCUSSION:

After review of the application and all evidence, the Board determined there is sufficient 
evidence to grant relief.  The applicant’s contentions were carefully considered.  Based 
upon the preponderance of evidence, the Board agreed the missing addendum was of 
no fault of the Soldier, and recommends he maintain the bonus.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


?
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 he contracted for 
the Prior Service Enlistment Bonus in a timely manner, the request was approved, and 
he was fully eligible to retain the bonus funds.


	  
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.


ADMINISTRATIVE NOTE(S):

Not Applicable

REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Title 37, U.S. Code, section 373(b) (1), states "Discretion to provide exception to 
termination and repayment requirements. –Pursuant to the regulations prescribed to 
administer this section, the Secretary concerned may grant an exception to the 
repayment requirement and requirement to terminate the payment of unpaid amounts of 
a bonus, incentive pay, or similar benefit if the Secretary concerned determines that the 
imposition of the repayment and termination requirements with regard to a member of 
the uniformed services would be contrary to a personnel policy or management 
objective, would be against equity and good conscience, or would be contrary to the 
best interest of the United States."   
3.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for 
the administration of the ARNG and U. S. Army Reserve incentive programs.  The SRIP 
incentive is offered to newly-accessed officers who met eligibility criteria and accessed 
into an officer specialty listed in the SRIP, for the period in which commissioned.
4.  ARNG DSIPP SRIP Guidance for Fiscal Year 2011, dated 29 March 2011, provides 
for various enlisted and officer bonus incentives.  

5.  DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in 
effect, requires each recipient of an incentive to sign a written agreement.  The 
agreement must clearly specify the terms of the Reserve Service commitment that 
authorizes the payment of the incentive.

//NOTHING FOLLOWS//



ABCMR Record of Proceedings (cont)	 AR20160012601
	
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