ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  21 June 2019

	DOCKET NUMBER:  AR20160018267


APPLICANT REQUESTS: Reversal of the National Guard Bureau’s (NGB) 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)
* NGB Form 22-5 (Addendum to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) Approval and Acceptance by Service Representative for Interstate Transfer in the Army National Guard (ARNG)), dated 6 May 2012
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 19 February 2013
* NGB Form 600-7-3-R-E (Annex R to DA Form 4836 REB Addendum ARNG), dated 19 February 2013
* Orders Number 037-033, dated 26 February 2013
* Orders Number 059-054, dated 28 February 2013
* Orders Number 045-156, dated 11 March 2013
* DA Forms 1059 (Service School Academic Evaluation Report), dated 15 March 2013 and 29 March 2013
* Orders Number 149-084, dated 29 May 2013
* Orders Number 150-070, dated 30 May 2013
* Email correspondence
* Memorandum, Subject: Request for ETP for REB for the applicant, dated 17 December 2014
* DA Forms 2823 (Sworn Statement), dated 7 December 2013 and 26 October 2016

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 effect:

* in February 2013, on the sixth year of her enlistment contract, after an interstate transfer from the California Army National Guard (CAARNG) to the Florida Army National Guard (FLARNG) she told her readiness NonCommissioned Officer (NCO) she was not reenlisting
* her readiness NCO informed her of her eligibility for a $10,000.00 bonus for reenlisting for 6 years for a different Military Occupational Specialty (MOS) and promotion to sergeant after becoming Duty MOS Qualified (DMOSQ)
* she reenlisted for 6 years with the FLARNG and the readiness NCO told her she had to be DMOSQ within 24 months to receive the bonus
* she became DMOSQ within 12 months
* in December 2014 she received a letter from the State incentive manager saying her bonus was terminated because she was not DMOSQ at the time of reenlistment
* due to misinformation and wrongful counsel she is currently in a 6 year contract without a bonus
* the recruiter that gave her readiness NCO the REB information has been released from duty due to multiple erroneous enlistments and reenlistments

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

* 30 October 2007 – enlisted in the CAARNG for a period of 6 years in MOS 68W (Combat Medic Specialist)
* 8 May 2012 – Orders Number 129 - 1007, issued by Joint Forces Headquarters, CAARNG, released the applicant from the CAARNG to the FLARNG
* 13 August 2012 – Orders Number 226-019, issued by the Office of the Adjutant General, FL assigned the applicant to duty MOS 25Q (Multichannel Transmission Systems Operator-Maintainer)
* 19 February 2013 – DA Form 4836 was completed showing the applicant extended her current enlistment for a period of 6 years from 29 October 2013 to 29 October 2019, in conjunction with this extension NGB Form 600-7-3-R-E was completed showing the following in:

* section 2 (Eligibility):

* item 4; she must extend DMOS qualified unless she was non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation or relocation) only
* item 5; if she was non-DMOSQ at the time of extension, she must become DMOSQ within 24 months from the contract start date and her initial payment would not be processed until she became DMOSQ
* item 16d; she was reenlisting non-DMOSQ for 6 years due to the sole reason of unit transition (reorganization, inactivation, transformation or relocation) and she had 24 months to become DMOSQ in MOS 25Q 

* section 3 (Bonus Amount and Payments) item 3; she understood she would not receive payment if she did not meet all eligibility requirements on the contract start date
* she endorsed this form with her signature

* 4 – 30 March 2013 – the applicant attended and completed phases 1 and 2 of the 25Q course

4.  The applicant provides:

* NGB Form 22-5 showing the applicant voluntarily transferred from the CAARNG to the FLARNG in DMOS 25Q
* Orders Number 037-033, issued by the State of Florida showing the applicant was ordered to active duty for training for phases 1 and 2 of the 25Q course
* Orders Number 059-054, issued by the Office of the Adjutant General, showing the applicant was assigned to her FLARNG unit in MOS 25Q
* Orders Number 045-156, issued by the State of Florida, showing the applicant was to report to Fort Gordon, GA
* Orders Number 149-084, issued by the Office of the Adjutant General, showing the applicant was awarded 25Q as her primary MOS
* Orders Number 150-070, issued by the Office of the Adjutant General, showing the applicant was promoted to the rank of sergeant in MOS 25Q
* DA Forms 2823 wherein the applicant and her then readiness NCO attest to becoming DMOSQ with 24 months and the FLARNG retention NCO had advised him the applicant was fully eligible for the REB
* Email correspondence between the applicant’s readiness NCO and Sergeant A- C- wherein the readiness NCO attempts to resolve the REB issue on behalf of the applicant
* Memorandum, Subject: Request for ETP wherein the applicant was informed the ETP to retain the $10,000.00 REB was disapproved because she was not DMOSQ

5.  Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive.

6.  ARNG Selected Reserve Incentive Program (SRIP) Policy Number 13-01, in effect at the time states the Soldier must reenlist/extend DMOSQ for a Modified Table of Organization and Equipment (MTOE) or Medical Table Distribution of Allowances (TDA) unit only, unless he or she is Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, or transition).  A Soldier non-DMOSQ due to unit transition must become DMOSQ within 24 months.


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the NGB denial of an Exception to Policy to retain the incentive.  The Board discussed the applicant’s statement and supporting statements, her current MOS and continuing service and the rationale in the ETP denial.  The Board determined that the applicant extended her enlistment in good faith after being informed that she was eligible for the incentive, became MOS qualified and continues to serve the required period of service to meet her contractual obligation.  The Board determined it unjust to deny her the incentive.   

2.  After reviewing the application and all supporting documents, the Board found the 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 full relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that she is entitled to the incentive specified in the Addendum to Extension executed on 20130219 and that she be paid the incentive as a lump sum payment. 



	 
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.  DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped.  The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive.

3.  ARNG SRIP Policy Number 13-01, in effect at the time states the Soldier must reenlist/extend DMOSQ for a MTOE or Medical TDA unit only, unless he or she is Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, or transition).  A Soldier non-DMOSQ due to unit transition must become DMOSQ within 24 months.


ABCMR Record of Proceedings (cont)	 AR20160018267
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