DEPARTMENT OF THE ARMY ARMY REVIEW BOARDS AGENCY 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RB 27 September 2017 MEMORANDUM FOR HEADQUARTERS, UNITED STATES ARMY RESERVE COMMAND 4710 Knox Street, Fort Bragg, NC 28310-5000 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20160014842 1. Reference the attached Army Board for Correction of Military Records Record of Proceedings, dated 14 September 2017, in which the Board members unanimously recommended denial of the applicant's request. 2. I have reviewed the findings, conclusions, and Board member recommendations. I find there is sufficient evidence to grant partial relief. Therefore, under the authority of Title 10, United States Code, section 1552, I direct that all Department of the Army Records of the individual concerned be corrected by showing she signed USAREC Form 1166 (Selected Reserve (SELRES) Special Pay Program Contract) on 20 October 2015, agreeing to perform satisfactorily in the SELRES for 1 year through 19 October 2016 in Area of Concentration 67J, and she would receive a special pay of $5,000 for each year. I direct no further correction be made to the record of the individual concerned. 3. Request necessary administrative action be taken to effect the correction of records as indicated no later than 29 January 2018. Further, request that the individual concerned and counsel, if any, as well as any Members of Congress who have shown interest be advised of the correction and that the Army Board for Correction of Military Records be furnished a copy of the correspondence. BY ORDER OF THE SECRETARY OF THE ARMY: Encl Deputy Assistant Secretary of the Army (Review Boards) BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160014842 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 BOARD DATE: 14 September 2017 DOCKET NUMBER: AR20160014842 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she signed USAREC Form 1166 (Selected Reserve (SELRES) Special Pay Program Contract) on 20 October 2015, agreeing to perform satisfactorily in the SELRES for 1 year through 19 October 2016 in Area of Concentration 67J, and she would receive a special pay of $5,000 for each year. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any relief in excess of the above. _________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: 14 September 2017 DOCKET NUMBER: AR20160014842 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 2013 and 2016 United States Army Recruiting Command (USAREC) Forms 1166 (Selected Reserve (SELRES) Special Pay Program Contract (Special Pay for SELRES Health Care Professionals in Critically-Short Wartime Specialties)) as follows: * the start date of her incentive signed on 3 August 2013, with an obligation end date through 2 August 2016, for 3 years with a $15,000 bonus, backdated to 31 January 2013, the date she received federal recognition * the start date of her incentive signed on 21 June 2016, with an obligation date through 20 June 2017, for 1 year with a $5,000 bonus, backdated to 20 October 2015 2. The applicant states: a. Between her appointment date of May 2008 and January 2013, she performed duties as an Aviation Officer (UH-60). In May 2011, the Medical Evacuation Doctrine Course Graduation showed she was eligible for a branch transfer. On 17 December 2012, she was selected to be in area of concentration (AOC) 67J (Aeromedical Evacuation Pilot). Around that time, she was told she would be getting a bonus for 3 years. She signed her first USAREC Form 1166 on 3 August 2013, for 3 years. It promised a $15,000, at the rate of $5,000 for each year. She was federally recognized as a 67J on 31 January 2013. She inquired with the Nevada Army National Guard (NVARNG) G-1 about her bonus, but they would either tell her they were working on it or that they would put her packet together for her. It was around early June 2013 that the Army Medical Department (AMEDD) Coordinator put the packet together. She signed it on 13 August 2013, making this the start date. She received her first two installments of $5,000 each. However, she then became a Military Technician in February 2015. She lost out on the third installment because her start date was incorrect. b. She had intended to execute her second USAREC Form 1166 on 20 October 2015, for 1 year, with a special pay incentive of $5,000. However, there was confusion again because the AMEDD team did not know she was eligible for the incentive until February 2016. She ultimately signed the contract on 21 June 2016, making this date as the obligation start date. 3. The applicant provides: * Results of the December 2012 ARNG Selection Board * National Guard Bureau (NGB) Form 337 (Oaths of Office) * NGB Form 23B (ARNG Retirement Points History Statement) * August 2013 USAREC Form 1103 (Incentive Enrollment Data Sheet), USAREC Form 1166, and Addendum to USAREC Form 1166, For Retention Special Pay * June 2016 USAREC Form 1166 and Addendum to USAREC Form 1166, For Retention Special Pay * Email of Federal recognition orders for promotion to captain (CPT) * Email exchange with various individuals * DA Form 1059 (Service School Academic Evaluation Report) CONSIDERATION OF EVIDENCE: 1. Having had prior enlisted service, the applicant executed a Senior Reserve Officers' Training Corps Non-Scholarship Cadet Contract on 23 May 2006. 2. She was appointed as a Reserve commissioned officer of the NVARNG and executed an oath of office on 16 May 2008. She was assigned to the Detachment 1, Company C, 1st Battalion, 168th Aviation Regiment, NVARNG. She was promoted to first lieutenant on 19 May 2010. 3. She completed the Initial Entry Rotary Wing Aviator (UH-60) Course from 7 February 2010 to 5 May 2011 and the Medical Evacuation Doctrine Course from 2 to 13 May 2011. 4. She entered active duty on 1 August 2012 in support of the 168th Aviation mobilization (Title 32, U.S. Code, section 502(f)). She was honorably released from active duty on 3 March 2013. 5. On 17 December 2012, the Director, Health Services, announced the results of the 11-14 December 2012 ARNG All Selection Board for the U.S. Army National Guard. The applicant was selected for AOC 67J with special pay. 6. On 4 March 2013, she reentered active duty and subsequently served in AOC 67J (Aeromedical Evacuation Officer) in Afghanistan from 11 May 2013 to 9 February 2014. 7. Meanwhile, on 1 May 2013, the NGB published Special Orders Number 113 AR extending her Federal recognition for reappointment from 1LT, Aviation Branch, to the 1LT, Medical Services (MS) Branch, effective 31 January 2013. 8. Also, on 20 June 2013, NVARNG published orders awarding her AOC 67J, effective 31 January 2013. 9. The applicant provides two contracts (2013 and 2016 USAREC Forms 1166) together with addenda and an incentive enrollment data sheet. a. She signed the first contract on 3 August 2013. She agreed to perform satisfactorily in the SELRES for 3 years, through 2 August 2016, in AOC 67J. In exchange, she would receive a special pay of $5,000 for each year. She also agreed if she terminated service in the SELRES before the end of the period for which payment was made, she would refund the full amount of the payment made for the period on which the payment was based. The incentive would be terminated if she accepted a Military Technician or an Active Guard Reserve position, or if she did not perform satisfactorily in the SELRES. b. She signed the second contract on 21 June 2016. She agreed to perform satisfactorily in the SELRES for 1 year through 20 June 2017, in AOC 67J. In exchange, she would receive a special pay of $5,000 for the year. She also agreed if she terminated service in the SELRES before the end of the period for which payment was made, she would refund the full amount of the payment made for the period on which the payment was based. The incentive would be terminated if she accepted a Military Technician or an Active Guard Reserve position. 10. On 13 December 2016, the NGB rendered an advisory opinion. An NGB official stated that the applicant requests her incentive contract start date be amended to her appointment date (Federal Recognition into the NVARNG) of 31 January 2013. She also requests the contract signature date and obligation start date be amended to 20 October 2015. The NGB recommends approval. a. On 13 May 2011, the applicant graduated from the Medical Evacuation Doctrine Course, a prerequisite for branch transfer to 67J, Aeromedical Evacuation Pilot. She was later selected by the December 2012 ARNG All Selection Board to receive Special Pay according to Memorandum for Medical Recruiting Battalions, dated 17 December 2012. On 31 January 2013, she received her Federal Recognition for Branch Transfer 67J, and she signed her Oath of Office, NGB Form 337, into the NVARNG. Between 31 January 2013 and 3 August 2013, an administrative error by the Nevada AMEDD Coordinator could not locate an incentives addendum for Special Pay for the applicant. This led to issuing a new Addendum, effective 3 August 2013, establishing the start date for Special Pay for 3 years, which was later terminated in 2015, because the applicant became a Military technician, only receiving 2 years of a 3-year incentive. b. In accordance with Title 37, U.S. Code, § 302g, Special Pay: Selected Reserve Health Care Professionals in critically Short Wartime Specialties, the applicant should have executed a written agreement on the date she accepted her branch transfer as a 67J in the NVARNG. Due to the administrative error, at no fault of the Soldier, recommend approval, amending the special pay addendum to 31 January 2013, and paying the Soldier the remaining $5,000 that she was entitled to prior to becoming a Military Technician. c. She was eligible to receive Special Pay, and she contracted for a second incentive on 20 October 2015 upon leaving her technician status. Unfortunately, due to an administrative error at no fault of the Soldier, her Special Pay was terminated, which required her to sign a contract on 21 June 2016, establishing a new obligation date. In accordance with Department of Defense Instruction (DODI) 1205.21, recommend approval, amending her Special Pay addendum to 20 October 2015 because she met the eligibility required for accepting Special pay. d. This advisory opinion was coordinated with the NGB Federal Incentives Branch. The NVARNG concurred with this recommendation and in conjunction with and in support of the NGB advisory opinion, the NVARNG Education Services Officer provided this input on 1 November 2016: (1) The applicant signed a one year Special Pay Contract on 21 June 2016 for $5,000. She should have signed this contract back on 20 October 2015 but there was confusion because she left her technician position on 19 October 2015 and became ADOS (active duty operational support) on 20 October 2015. (2) The AMEDD team did not realize that she was eligible until February 2016 and the contract did not get pulled until 21 June 2016 because of mixed communications between NGB and the State of Nevada. This is no fault of the applicant. She has remained in good standing with the NVARNG. It is requested that her contract start date be moved back to 20 October 2015 when she was initially eligible and that she retains her incentive. 11. The applicant was provided with a copy of the advisory opinion to give her an opportunity to provide feedback but she did not respond. 12. On 17 May 2017, the NGB rendered a revised advisory opinion. An NGB official reiterated her request that her incentive contract start date be changed to her appointment date (Federal Recognition into the NVARNG) of 31 January 2013. She requests the contract signature date and obligation start date be amended to 20 October 2015. The NGB recommends partial approval. a. On 13 May 2011, the applicant graduated from the Medical Evacuation Doctrine Course, a prerequisite for branch transfer to 67J. She was later selected by the 11-14 December 2012 ARNG All Selection Board to receive Special Pay according to Memorandum for Medical Recruiting Battalions, dated 17 December 2012. On 31 January 2013, she received her Federal Recognition for Branch Transfer 67J, and she signed her Oath of Office into the NVARNG. Between 31 January 2013 and 3 August 2013, an administrative error by the Nevada AMEDD Coordinator could not locate an incentives addendum for Special Pay for her. This led to issuing a new Addendum, effective 3 August 2013, establishing the start date for Special Pay for 3 years, which was later terminated in 2015, because she became a Military Technician, only receiving 2 years of a 3-year incentive. b. In accordance with 37 U.S Code § 302g, Special Pay: Selected Reserve Health Care Professionals in critically Short Wartime Specialties, the applicant should have executed a written agreement on the date she accepted her branch transfer as a 67J in the NVARNG. Due to the administrative error, at no fault of the Soldier, the contract was not executed timely. However, the NGB recommends disapproval because the applicant served as a military technician during the period of 10 February 2015 - 19 October 2015 (greater than six months), which terminated her eligibility for the incentive. The Soldier is not entitled to 3rd payment; pro-rated amount not authorized. c. The applicant was eligible to receive Special Pay, and she should have contracted for a second incentive on 20 October 2015 upon leaving technician status. Unfortunately, due to an administrative error at no fault of the Soldier, she did not sign a contract until 21 June 2016, establishing a new obligation date of 21 June 2016 - 20 June 2017. In accordance with DODI 1205.21, the NGB recommends approval, amending her Special Pay addendum to 20 October 2015 because she met the eligibility required for accepting Special pay. d. This advisory opinion was coordinated with the National Guard Bureau Incentives Management Branch. The NVARNG concurs with this recommendation. 13. The applicant was provided with a copy of the revised advisory opinion to give her an opportunity to provide feedback but she did not respond. REFERENCE: 1. The NGB issues periodic memoranda, with updates, to implement the guidance for ARNG AMEDD Officer Incentives Programs, in accordance with Title 10, U.S. Code, section 302; Army Regulation 135-7 (Incentives Programs), DOD Directive 1205.20 (Reserve Component Incentive Program), DOD Instruction 1205.21 (Reserve Component Incentive Programs Procedures), and Assistant Secretary of Defense (Health care) Memorandum regarding healthcare specialties with critical shortages. ARNG Officer Health Professional Specialties with critical wartime shortages for FY 2013 and 2015/2016 include AOC 67J. 2. AR 135-7 prescribes policies and procedures for the administration of ARNG and USAR incentive programs. It prescribes policy and procedures governing the STRAP for Medical Corps and Army Nurse Corps officers of the ARNG and USAR. It provides that eligibility for any incentive governed by this regulation requires that an officer, warrant officer, or enlisted Soldier must enter into a contractual obligation to serve satisfactorily for the full term of service specified for an incentive program. Officer, warrant officer, and enlisted applicants for programs administered by this regulation will be required to sign documents which specify the eligibility criteria and the term of service for the desired entitlement or incentive. Furthermore, the document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions which can cause termination and recoupment, if applicable. DISCUSSION: 1. With respect to the first contract: a. The applicant signed her first contract on 3 August 2013, agreeing to perform satisfactorily in the SELRES for 3 years, through 2 August 2016, in AOC 67J. In exchange, she was promised a special pay of $5,000 for each year. She also agreed that the incentive would be terminated if she accepted a Military Technician or an Active Guard Reserve position, and that if terminated, she would refund the full amount for the period for which the payment was made. b. She received the first two of three installments, totaling $10,000. She then accepted a Military Technician position in February 2015, prior to completing her 2-year obligation. As a result, she was no longer eligible for the third installment. c. Even if her argument is accepted that she should have signed her first contract on 31 January 2013 (through 31 January 2016) vice 3 August 2013 (through 2 August 2016), she would be eligible for $5,000 for the first (adjusted) year (August 2013 to August 2014) and $5,000 for the second year (August 2014 to August 2015). Since she accepted a Military Technician position from February through October 2015, this resulted in the termination of her incentive. 2. With respect to the second contract: a. When the applicant came out of Military Technician status in October 2015, she knew or should have known (having previously signed a similar contract) that she would have to sign a contract to receive the incentive. Although she knew, or should have known, the evidence of record shows she did not do so. She signed the contract on 21 June 2016 instead. b. As she was eligible for the incentive on 20 October 2015, it appears, at least from an equity standpoint, if she had been counseled appropriately, she would have executed the contract on that date instead. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160014842 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160014842 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2