BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160013910 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: 30 May 2017 DOCKET NUMBER: AR20160013910 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that the Department of the Army records of the individual concerned be corrected by showing the exception to policy was granted authorizing him to retain his Enlisted Affiliation Bonus and paying him the 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. BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160013910 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 payment of a $10,000 U.S. Army Reserve (USAR) Enlisted Affiliation Bonus (EAB). 2. The applicant states, in effect, he enlisted in the USAR, on 3 December 2014, and signed a 3-year enlistment contract that was effective on his discharge from the Regular Army (RA). He was told that he would receive an EAB because he was enlisting for military occupational specialty (MOS) 00G (Immaterial), and this meant anyone who held an authorized Army MOS was qualified for the position. One of his main incentives for enlisting was the offer of the $10,000 EAB, and without this incentive, he would not have enlisted. 3. The applicant provides his USAR enlistment documents and the U.S. Army Reserve Command's (USARC) 8 July 2016 disapproval of his exception to policy (ETP) request. CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service in the RA, the applicant reenlisted in the RA on 1 October 2007, and was promoted that same date to the rank of sergeant. He held MOS 19K (M1 Armor Crewman), and served continuously on active duty. 2. At some point in 2014, he was assigned a reenlistment eligibility/prohibition code of 9G (not eligible to reenlist based on reaching retention control point (RCP). 3. On 3 December 2014, he enlisted in the USAR. a. On his DA Form 3540-R (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment), Section XII (Annual Orientation), paragraph 2 (Remarks), it states he was assigned to a specific paragraph and line number for a Reserve unit, and his assignment MOS was 00G. It also shows an affiliation bonus was authorized, and the form listed a specific bonus control number (emphasis added). b. Document, titled "Written Agreement – USAR Enlisted Affiliation Bonus Acknowledgement, dated 3 December 2014, stated his EAB payment would be initiated by the gaining unit commander, or upon meeting MOS requirements. The applicant acknowledged he was: * currently on active duty * being assigned to a unit vacancy in the Selected Reserve for MOS 00G, which he either held, or would hold prior to reporting to his USAR unit * required to satisfactorily serve for the agreed-upon 3-year period * eligible for an EAB of $10,000 by affiliating from active duty into a USAR unit for 3 years 4. On 4 December 2014, the applicant prepared a DA Form 4187 (Personnel Action), wherein he advised his commander he had agreed to serve in the Ready Reserve in order to receive separation pay. 5. He was honorably discharged from the RA on 7 March 2015. His DD Form 214 shows he completed 7 years, 5 months, and 7 days of net active creditable service, with 7 years, 5 months, 5 days of prior active service (for a total of 14 years, 10 months, and 12 days of active service). Item 18 (Remarks) indicates he received $55,367.46 in separation pay. 6. In an email, dated 30 April 2015, sent by the USAR Pay Center, Bonus Team, an official stated the applicant's EAB did not process. The email further noted, Soldiers affiliating for 00G duty positions without a required additional skill identifier (ASI) or skill qualification identifier (SQI), were considered MOS qualified as long as they possessed a valid Army MOS that was currently listed on the SRIP guidance as bonus-eligible (emphasis added). The applicant's MOS of 19K was not on the list as bonus-eligible MOSs and, thus, the bonus could not be paid. 7. On 13 September 2015, he submitted an ETP request for the EAB. He routed his request through his USAR chain of command, and each of his higher commanders recommended approval. 8. On 8 July 2016, an official from the Manning Division, USARC, denied the applicant's request. (A review of the applicant's official military personnel file shows this letter is filed in his record.) The official stated, in effect: * the applicant affiliated with the USAR on 3 December 2014 for a 3-year term in MOS 00G (Immaterial), and with a $10,000 EAB * the U.S. Army Pay Center rejected his payment request because his MOS (19K) was not bonus-eligible * Army policy requires Soldiers affiliating in MOS 00G duty positions, who do not have a required ASI or SQI, can be considered MOS qualified and bonus-eligible as long as they have an MOS listed as bonus-eligible * the applicant's MOS was not bonus-eligible, thus the EAB was not authorized; he was mistakenly offered the EAB REFERENCES: 1. Military Personnel (MILPER) Message 15-108 (Immediate Reenlistment Prohibition Code), dated 8 April 2015, stated code 9G meant the Soldier could not reenlist due to reaching his/her retention control point. 2. Army Directive 2014-03 (Retention Control Points), in effect at the time, stated the retention control point for a sergeant was 14 years. 3. Army Regulation 135-7 (Army National Guard (ARNG) and Army Reserve – Incentive Program) provides policies and procedures for the administration of the ARNG and USAR incentive programs. The Secretary of the Army authorizes the use of incentives as an extraordinary measure to assist the ARNG and USAR in meeting and sustaining manpower requirements. Incentives also contribute to quality and skill-match objectives, and helps to stabilize the ARNG and USAR through longer service commitments. Headquarters, Department of the Army (HQDA), Office, Deputy Chief of Staff for Personnel will announce the effective date of program adjustments. 4. Title 37, U.S. Code, section 308 states, in pertinent part, that a bonus can be paid to a member of a uniformed service who has completed at least 17 months of continuous active duty (other than for training) but not more than 20 years of active duty; is qualified in a critical military skill; reenlists or voluntarily extends the member’s enlistment for a period of at least 3 years in a regular component of the service concerned or in a Reserve Component of the service concerned. 5. Title 10, U.S. Code, section 1552 states: a. The Secretary of a military department may correct any military record of the Secretary's department when the Secretary considers it necessary to correct an error or remove an injustice. Except when procured by fraud, a correction under this section is final and conclusive on all officers of the United States. b. The Secretary concerned may pay, from applicable current appropriations, a claim for the loss of pay, allowances, compensation, emoluments, or other pecuniary benefits, or for the repayment of a fine or forfeiture, as a result of correcting a record under this section. 6. Department of Defense Instruction 1332.29 (Eligibility of Regular and Reserve Personnel for Separation Pay) implements law and policy on the payment of separation pay. Separation pay is paid to Soldiers who are not being separated by reason of physical disability and who meet the following criteria: * the Soldier is on active duty and has completed at least 6 years; but fewer than 20 years of active service * the Soldier's characterization of service is honorable * the Soldier is being involuntarily separated either through a denial of reenlistment or a denial for the continuation of active service * the Soldier has entered into a written agreement to serve in the Ready Reserve for a period of not less than 3 years following their separation from active duty and meet other conditions for performance of that service DISCUSSION: 1. The evidence of record indicates the applicant enlisted in the USAR in good faith, and his recruiter apparently took the appropriate steps to secure a bonus control number. The fact he did not enlist in an EAB-qualified MOS appears to have been unknown to him and his in-service Army Reserve recruiter as the error was not discovered until months later. At present, he is serving as a USAR Troop Program Unit Soldier. 2. Although the applicant asserts he would not have affiliated with the USAR had he not been offered the EAB, by law he was required to join the USAR in order to be eligible for separation pay. Prior to his separation from the RA, he indicated he would join the USAR for a 3-year period so as to be eligible for the EAB. Both separation pay from the RA and the EAB were contingent upon his willingness to join the USAR. 3. The applicant's request for an exception to policy was endorsed by his chain of command, and the request was denied by a USARC official who acknowledged the applicant was erroneously offered the EAB. In this case, in order for the applicant to retain his separation pay, he had to affiliate with the USAR for 3 years. A discharge from the USAR prior to completing his 3-year contractual obligation could have unintended consequences with regard to his separation pay. 4. As the applicant executed an EAB addendum in good faith, by law, the Secretary concerned has the authority to allow the applicant an exception to policy and authorize payment of the EAB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160013910 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160013910 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2