ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 April 2019 DOCKET NUMBER: 20160016526 APPLICANT REQUESTS: Correction of her record to show she was awarded the $4,000.00 Enlisted Affiliation Bonus (EAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 21 September 2012 and allied documents * Written Agreement – EAB Addendum 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 (ABMCR) 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 she was eligible for the $4,000.00 EAB by affiliating from active duty into the U.S. Army Reserve (USAR) for 6 years. She initialed she would be paid an EAB in installments in accordance with the Selected Reserve Incentive Program (SRIP) list. The initial bonus payment would be initiated by the gaining unit commander per published procedures on execution of the form and assignment to the unit, and she was responsible for paying the taxes. Section 3 (Termination) of her contract stated that entitlement to the EAB was terminated if acceptance of an Active Guard/Reserve (AGR) position where membership in a Reserve Component was a condition of employment, unless she had served at least 6 months of the bonus contract following receipt of the initial bonus payment. The Army has stated if a Soldier goes from Reserves to the AGR program, they will still get their bonus as they are still a member of the USAR. 3. A review of the applicant’s service records show the following on: * 17 June 1999 – enlisted in the Regular Army and served through multiple reenlistments * 21 September 2012 – enlisted in the USAR for a period of 6 years, in conjunction with her enlistment Written Agreement – EAB Addendum was completed showing she understood the following in: * section 5 (Entitlement) she was eligible for an EAB by affiliating from active duty into the USAR Selected Reserve for 6 years in the amount of $4,000.00 and the initial bonus payment would be initiated by the gaining unit commander and upon assignment to the Selected Reserve unit * section 8 (Termination) the EAB would be terminated if she accepted an AGR position where membership in a Reserve Component was a condition of employment, unless she served at least 6 months of the bonus contract following receipt of the initial bonus payment * she endorsed the contract with her signature * 8 October 2012 – the applicant was honorably released from active duty and transferred to the 7302nd U.S. Army Medical Training Support Battalion, Madison, WI * 23 October 2012 – Orders Number R-10-288717, issued by the U.S. Army Human Resources Command, Fort Knox, KY, ordered the applicant to active duty in the AGR for a period of 3 years * 29 April 2013 – Orders Number R-10-288717A02, issued by HRC, amended Orders Number R-10-288717 insomuch as changing the applicant’s active duty commitment to 5 years, 10 months, and 28 days 4. The applicant provides DD Form 4 and allied documents showing she enlisted in the USAR on 21 September 2012 and in conjunction with the enlistment she contracted for the EAB. 5. On 12 February 2019, the Office of the Deputy Chief of Staff, G-1 reviewed the applicant's records and rendered an advisory opinion in her case. After a thorough review, the Chief, Accessions Division opined that, the applicant agreed to affiliate in the USAR for a 6-year term of service on 21 September 2012. She separated from active duty on 8 October 2012. At the time she signed her DD Form 4, she qualified for a $4,000.00 EAB, to be paid in installments over the term of her contract. On 23 October 2012, she was accepted into the AGR Program. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 6. Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program) states to be eligible for the SRIP EAB a member must execute a written agreement to serve in a Selected Reserve unit for a period not less than 3 years, after being released from active duty. The member could not be affiliating to qualify for a full-time AGR position. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the documentary evidence submitted by the applicant and found within the military service record, to include the advisory opinion of the HQDA G1, the Board concluded that the applicant qualified for a $4,000.00 EAB, to be paid in installments over the term of her contract. For that reason, the Board recommended granting the request as submitted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 XX XX XX: 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 to show that the applicant was awarded the $4,000.00 Enlisted Affiliation Bonus (EAB) upon enlistment into the USAR. 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. 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 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. AR 601-210 (Regular Army and Reserve Components Enlistment Program) states to be eligible for the SRIP EAB a member must execute a written agreement to serve in a Selected Reserve unit for a period not less than 3 years, after being released from active duty. The member could not be affiliating to qualify for a full-time AGR position. ABCMR Record of Proceedings (cont) 20160016526 0 4 1