ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:    11 April 2019

	DOCKET NUMBER:  AR20160016787


APPLICANT REQUESTS:  Reversal of the Exception to Policy (ETP) denial to retain a $10,000.00 Reenlistment Bonus (REB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 12 January 2014
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DA Form 4836), dated 12 January 2014
* DA Form 2823 (Sworn Statement), dated 20 August 2014
* Memorandum, Subject: Request for Exception to Policy (ETP) for the applicant, dated 28 March 2016

FACTS:

1.  The applicant states essentially:

* on 12 January 2014, she reenlisted in the Florida Army National Guard (FLARNG) with the B Company, 260th Military Intelligence (MI) Battalion
* before she reenlisted she transferred from her original unit, 690th Military Police (MP) Company and when she transferred she was required to change her military occupational specialty (MOS) from 31B (Military Police) to 35M (Human Intelligence Collector)
* she reenlisted for 6 years to include a $10,000.00 bonus which she would receive when she completed MOS 35M training
* her recruiter failed to recognize the error in her contract that caused her to be disqualified from receiving the REB
* the recruiter should have been able to catch the issue before she 
* she is feeling alone, stressed, lied to, feels no one cares about her issue and she no longer feels she is part of a family and wants to end her career in the military
* she doesn’t feel she should be held accountable for the recruiter’s mistake  


2.  A review of the applicant’s service records show the following on:

* 12 December 2008 – enlisted in the FLARNG for a period of 6 years                    MOS 31B; in conjunction with her enlistment NGB Form 600-7-1-R-E was completed showing the following in:
* section 2 (Eligibility) item 7, she was enlisting into 690th MP Company, into critical MOS 31B and would receive a Non-Prior Service (NPS) critical skill bonus 50/50 payment
* section 3 (Payments), she would receive a total bonus payment of $20,000.00; the first 50% payable when she completed active duty training and the second 50% on her 36 month anniversary
* section 6 (Termination with Recoupment) item 6, she will be terminated from bonus eligibility, with recoupment, if she voluntarily transfers into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment.  Recoupment will be calculated form the date of transfer
* she endorsed this document with her signature

* 2 January 2014 – Orders Number 002-013, transferred the applicant from              690th MP Company to B Company, 260th MI Battalion, 20 December 2013
* 12 January 2014 – DA Form 4836 was completed showing she extended her enlistment for a period of 6 years in the MOS 35M (non-critical MOS); she was assigned to B Company, 260th MI Battalion; in conjunction with her extension                                     NGB Form 600-7-3-R-E was completed showing the following in:

* section 2 (Eligibility):

* item 2, she could not reenlist/extend for more than one Selected Reserve Incentive Policy (SRIP) incentive contract during a contractual period
* item 5 , if she was not Duty MOS Qualified (DMOSQ) at the time of extension, she must become DMOSQ within 24 months from contract date

* section 3 (Bonus Amount and Payments) item b, she was extending for 6 years and would receive a bonus in the amount of $10,000.00 payable in two installments; the first 50% payment would occur the day after her current expiration term of service and the second 50% on her fourth year anniversary
* it was assigned bonus control number R--------FL
* she endorsed NGB Form 600-7-3-R-E with her signature
* October 2014 – December 2014 – she attended and completed phases 1-5 of MOS 35M training to become DMOSQ within 24 months from contract date

3.  The applicant provides:

	a.  DA Form 2823, wherein she states upon transferring to B Company, 260th MI Battalion she reenlisted for 6 years with a $10,000.00 bonus.  She was told she would have one year from the start of the new contract date to become DMOSQ and still receive her bonus.  She voluntarily transferred and then signed non-DMOSQ for her bonus because she was told she was eligible. 

	b.  Memorandum, Subject: Request for ETP wherein the applicant is informed the request for ETP was denied because she did not meet eligibility requirements to contract for the REB incentive which violated Department of Defense Instruction (DODI) 1304.31 (Enlisted Bonus Program), paragraph 4c. 

4.  DODI 1304.31 paragraph 4c states to be eligible for an enlisted bonus program a person must agree to serve in a Reserve component of a military service for a specified period in a designated military skill under the conditions of the service and not be in receipt of an enlistment bonus for the same period of service.

5.  ARNG Policy Number 07-05/07-06 critical MOS list shows MOS 31B as a critical MOS for the state of Florida during the applicant’s first enlistment.

6.  ARNG SRIP Policy Number 13-01, states a Soldier reenlisting/extending cannot contract for more than one SRIP incentive.  The Soldier must serve satisfactorily in the contracted MOS for the full term of the service agreement. 

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was not warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record of the applicant, the Board concluded that based upon the guidance outlined in DODI 1304.31, paragraph 4c, she was not eligible for the bonus.  For that reason, the Board recommended denying the applicant’s request for relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 
	 
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.  DODI 1304.31 states to be eligible for an enlisted bonus program a person must agree to serve in a Reserve component of a military service for a specified period in a designated military skill under the conditions of the service and not be in receipt of an enlistment bonus for the same period of service.
2.  ARNG Policy Number 07-05/07-06 critical MOS list shows MOS 31B as a critical MOS for the state of Florida.

3.  ARNG SRIP Policy Number 13-01, states a Soldier reenlisting/extending cannot contract for more than one SRIP incentive.  The Soldier must serve satisfactorily in the contracted MOS for the full term of the service agreement.

ABCMR Record of Proceedings (cont)	AR20160016787
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