ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 July 2019 DOCKET NUMBER: AR20160017666 APPLICANT REQUESTS: Correction of his record to show the following: * qualification for the Student Loan Repayment Program (SLRP) incentive * payment of the $12,500.00 Prior-Service Enlistment Bonus (PSEB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 October 2005 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 8 August 2013 * Memorandum, Subject: Notification of Incentive Eligibility Invalidated, dated 3 September 2013 * National Guard Bureau (NGB) Form 600-7-5-R-E (Annex L to DD Form 4), dated 8 October 2013 * NGB Form 600-7-6-R-E (Annex X to DD Form 4), dated 8 October 2013 * Inspector General (IG) letter, dated 26 February 2015 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 (ABCMR) 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 in his enlistment it says he would get a bonus and SLRP for a 6 year enlistment in the Florida Army National Guard (FLARNG) as an 88M (Motor Transport Operator). He submitted all his paperwork for prior enlistments. The ARNG recruiting command, and the Military Entrance Processing Station (MEPS) approved him for both incentives. They knew he had a general discharge from active duty, they approved both incentives and listed them in his contract. Several months later both incentives were disapproved because of his general discharge and he was not Duty Military Occupational Specialty (MOS) Qualified (DMOSQ). 3. A review of the applicant’s service records show the following on: * 21 March 2002 – having had prior enlisted service in the Minnesota Army National Guard (MNARNG), the applicant enlisted in the Regular Army * 31 October 2005 – the applicant was discharged from active duty with a general, under honorable conditions discharge by reason of patterns of misconduct * 4 September 2007 – the applicant enlisted in the MNARNG * 17 April 2011 – the applicant was honorably discharged from the ARNG by reason of expiration term of service * 8 August 2013 – the applicant enlisted in the FLARNG, in conjunction with this enlistment the following forms were completed: * NGB Form 600-7-5-R-E (SLRP) showing the following in: * section 2 (Eligibility) * item 2; he was enlisting DMOSQ * item 8; he had 15 disbursed loans in the amount of $33,277.00 * item 9; he was enlisting in the ARNG for a period not less than 6 years * NGB Form 600-7-6-R-E (PSEB) showing the following in: * section 2 (Eligibility) * item 2; he may receive the SLRP simultaneously with the PSEB incentive provided he met each incentive program eligibility requirements within the Fiscal Year (FY) Selected Reserve Incentive Policy Number 13 (13-01) * item 3; he was enlisting DMOSQ * item 5; he was enlisting for a 3 or 6 year service agreement * item 14; he had received an honorable discharge at the conclusion of all prior periods of military service, a general, under honorable conditions discharge for any period of service does not qualify for the PSEB * section 3 (Bonus Amount and Payments) item 1a; he would receive a bonus payment in the amount of $12,500.00 less taxes in MOS 88M * he endorsed both forms with his signature 4. The applicant provides: * Memorandum, Subject: Notification of Incentive Eligibility Invalidated wherein the applicant was informed by the State incentive manager he was not qualified in the enlistment DMOS and he received a general, under honorable conditions discharge, which violated SRIP Policy FY 13 * IG letter wherein the IG determined a number of issues were founded but he had to apply to the Board to address the matter 5. On 29 March 2019, the NGB reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that, it is the recommendation of their office the applicant retain the PSEB and the SLRP incentives that he contracted for upon his enlistment in the FLARNG. The Soldier provided all necessary documentation and, due to no fault of his own, was misinformed on his eligibility for the incentives. Consequently, he made a decision to enlist based on false information and expectations. Additionally, he was not qualified in the MOS to which he was enlisting but was not advised of the requirement that he should be qualified. The applicant was still provided the incentive addendums and his eligibility was validated multiple times by the MEPS guidance counselor. The applicant did qualify in the designated critical skill within the first year of his enlistment and he continues to serve today. It should be noted the applicant did requalify as a 92G (Food Service Specialist) in May 2017; yet this was a decision made outside of the guidelines set forth in his incentive contracts, as both had been terminated by this point. For this reason, it is recommended the applicant be granted the PSEB and SLRP incentive as agreed upon during the processing of his enlistment. A copy of the complete advisory opinion has been provided to the Board for their review and consideration 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 7. ARNG SRIP Policy Number 13-01, 1 January 2013 – 30 September 2013 states the recipient may receive the SLRP simultaneously with the PSEB. The member must enlist DMOSQ and must have received an honorable discharge or an honorable release at the conclusion of all periods of service. A general, under honorable conditions discharge for any period of service is ineligible for the PSEB. The MEPS guidance counselor is responsible for ensuring the recipient/Soldier is eligible for the PSEB. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the National Guard Bureau Advisory Opinion. The Board considered the applicant’s previous service in the ARNG and the Regular Army, the documentation associated with his enlistment in the FLARNG and the conclusions of the Advisory Opinion. The Board determined that the applicant enlisted in the FLARNG and in good faith accepted the incentives included as a part of his contract. There was no effort on his part to deceive officials on his part and the Board determined he should receive the contracted incentives as long as he remains otherwise eligible. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - showing his eligibility to retain the PSEB and the SLRP incentives that he contracted for upon his enlistment in the FLARNG on 8 August 2013. - paying him the incentives he is owed in accordance with his contract. 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. ADMINISTRATIVE NOTE(S): Not Applicable 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. ARNG SRIP Policy Number 13-01, 1 January 2013 – 30 September 2013 states the recipient may receive the SLRP simultaneously with the PSEB. The member must enlist DMOSQ and must have received an honorable discharge or an honorable release at the conclusion of all periods of service. A general, under honorable conditions discharge for any period of service is ineligible for the PSEB. The MEPS guidance counselor is responsible for ensuring the recipient/Soldier is eligible for the PSEB. ABCMR Record of Proceedings (cont) AR20160017666 4 1