ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 10 September 2019 DOCKET NUMBER: AR20160017141 APPLICANT REQUESTS: requests to retain the $10,000 Non-Prior Service Enlistment Bonus (NPSEB) incentive payment already received. 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) 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 filed an exception to policy (ETP) request to retain the $10,000 NPSEB. However, it was disapproved due to the discrepancy related to the acceptance of a Military Technician (MILTECH) position and his date of enlistment. b. He explains in March 2010, he received a bonus to contract with the Iowa Army National Guard (IAARNG). In January 2016, he entered the MILTECH Program and in accordance with (IAW) Selective Reserve Incentive Program Guidance for Fiscal Year (FY) 2014, he was assured he would not have to forfeit his bonus. c. He further adds he lost his bonus in February/March 2016 due to his previous enlistment contract in 2009 for ARNG Recruit Force Pool in which he served in the Inactive National Guard for one year. He verbally contacted his unit to correct his ETS from 20 November 2016 to 11 March 2016. He asserts he did not knowingly enter into the MILTECH program with the understanding that he would lose his bonus. He believes that due to the complexity of the contract error, he should retain the last payment of $10,000. 3. The applicant provides a DD Form 4 which shows he enlisted on 11 March 2010 with the IAARNG for 6 years. 4. A review of the applicant’s service records shows: a. He enlisted in the ARNG on 20 November 2009 for one year. b. According to the ARNG Enlistment/Reenlistment Agreement Service Requirements and Methods of Fulfillment, dated, 20 November 2009, he enlisted for the ARNG Recruit Force Pool (RFP) and was contracted to serve in the Inactive Guard (ING) for a period not to exceed one year. c. On 11 March 2010, he enlisted in the IAARNG for 6 years in the pay grade of E-1. d. According to the ARNG Enlistment/Reenlistment Agreement Service Requirements and Methods of Fulfillment, dated, 11 March 2010, he enlisted for an initial enlistment as a non-prior service member with no previous military service on active duty, or active duty for training in the Armed Forces of the United States. e. He signed Annex E to DD Form 4 – Non Prior Service Enlistment Bonus Addendum ARNG on 11 March 2010. This addendum shows he was enlisting as a non-prior service enlistee for a minimum of 6 years in the ARNG. He acknowledged: (1) He was enlisting in the ARNG unit, Company B, 2/34 MI CO (2nd Battalion, 34th Military Intelligence Company) as a 35F (Intelligence Analyst) for 6 years, under the Non-Prior Service Enlistment Bonus Program. (2) He would receive a total bonus payment in the amount of $10,000 for a 6-year enlistment. f. He entered active duty for training on 10 August 2010 and upon completion of training, he was honorably released on 10 March 2011. g. On 10 March 2019, he was honorably discharged from the ARNG. He completed 9 years, 3 months, and 21 days of net service. 5. On 3 July 2019, the Army Review Boards Agency received an advisory opinion from the National Guard Bureau (NGB), which recommended approval of the applicant’s request to retain the final payment of the $10,000 non-prior service enlisted bonus. An NGB official referenced Selective Reserve Incentive Program (SRIP) Policy 07-06, paragraph 15(j) and Education Incentive Operation Message (EIOM) 10-11, dated 10 February 2010 which state: a. The ARNG Incentive Branch released a memo directing the State Incentive Manager to terminate the incentive with recoupment effective 1 day prior to the start of entering the MILTECH program. The applicant enlisted in the IAARNG on 11 March 2010 and accepted a MILTECH on 10 January 2016. b. The applicant was later notified of termination of the bonus. A denied request for ETP annotates reasons for denial that violates Department of Defense Instruction (DODI) 1205.21, paragraph 6.9.3. c. IAW SRIP 07-06, 15(j) and EIOM 10-11, termination without recoupment, “acceptance of either an Indefinite or Permanent Mil Tech Position; or a Temporary MILTECH position for 180 consecutive days or more; or an Army Guard Reserve position as long as that acceptance of the position occurred on or after 25 February 2010.” In this case SRIP 07-06 and EIOM 10-11 would apply. 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments. He did not respond. 7. By regulation, a. Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures) states if accepting an Active Guard and Reserve position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment. b. SRIP 07-06, 15(j) states acceptance of either an Indefinite or Permanent Mil Tech Position; or a Temporary MILTECH position for 180 consecutive days or more; or an Army Guard Reserve position as long as that acceptance of the position occurred on or after 25 February 2010. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was warranted. Based upon the advisory opinion received from the NGB, the Board concluded that the applicant should be permitted to retain the $10,000 Non-Prior Service Enlistment Bonus (NPSEB) incentive payment already received. 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 and Army National Guard records of the individual concerned be corrected by showing an exception to policy was approved by the National Guard Bureau authorizing him to retain the Non-Prior Service Enlistment Bonus (NPSEB) incentive. 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 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. Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures) states if accepting an Active Guard and Reserve position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment. 3. SRIP 07-06, 15(j) states acceptance of either an Indefinite or Permanent Mil Tech Position; or a Temporary MILTECH position for 180 consecutive days or more; or an Army Guard Reserve position as long as that acceptance of the position occurred on or after 25 February 2010. ABCMR Record of Proceedings (cont) AR20160017141 4 1