ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 June 2019 DOCKET NUMBER: AR20170000885 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 600-7-3-R-E (Annex R to DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) REB Addendum ARNG), dated 18 November 2013 * Memorandums, Subject: Request for ETP, dated 7 February 2015 * DA Form 4856 (Developmental Counseling Form), dated 7 February 2015 * Memorandum, Subject: Request for ETP for REB for the applicant, dated 27 October 2015 * Memorandum, Subject: Notification of Incentive Eligibility Termination, dated 16 January 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 NGB Form 600-7-3-R-E section 5 (Continued Receipt) 1h, the last sentence states "If voluntarily transfer for promotion purposes to another Military Occupational Specialty (MOS) that is not the same REB contracted Career Management Field (CMF), I will not be considered eligible for continued receipt of my REB." He was not changing CMF’s since his primary MOS will not change. His unit followed guidelines to select into a Special Rating Code (SRC) 00F30 position per National Guard Regulation (NGR) 600- 200 (Enlisted Personnel Management) states in paragraph 2-2 1, which should not make the Service member Non-Duty MOS Qualified (Non-DMOSQ) and in his normal career progression MOS which when eligible he will still be on for his next promotion. He had no way to make an informed choice prior to receiving the ETP notification due to a flaw in the process, whereby he was neither advised nor counseled of a possible bonus ineligibility ramification of accepting an Enlisted Promotion System (EPS) offer. The process from the G1 requests a vacancy fill from a Soldier but provides no statement to contact his previous unit or battalion career counselor for any consequences of said choice. The transfer and promotion happen automatically with neither the gaining nor losing unit taking part in the process with the exception of posting the vacancy. Not identifying a bonus disqualifying unit on an EPS offer exacerbates the Soldier, the gaining unit, the incentives manager and necessitates the processing of an ETP through the entire chain of command all the way to NGB for a final decision. 3. A review of the applicant’s service records show the following on: * 23 August 2002 – enlisted in the Wisconsin Army National Guard for a period of 8 years in MOS 31U (Signal Support Systems Specialist) * 18 November 2013 – the applicant extended his current enlistment by a period of 6 years from 22 August 2014 to 22 August 2020, in conjunction with this extension NGB Form 600-7-3-R-E was completed showing the following in: * section 2 (Eligibility) item 16b, he was extending DMOSQ in MOS 25U (Signal Support Systems Specialist after Fiscal Year 2005) for 6 years as the primary position holder in a rank and grade commensurate with the position * section 3 (Bonus Amount and Payments) he was reenlisting for 6 years and would receive a bonus of $10,000.00 * section 5 (Continued Receipt) item 1h, if he voluntarily transferred for promotion purposes to another MOS that is not in the same REB contracted CMF, he would not be considered eligible for continued receipt of his REB * he endorsed this form with his signature * 19 November 2014 – Orders Number 323-999, issued by Joint Forces Headquarters, WIARNG, released the applicant from F Company, 2nd Battalion, 238th Aviation and assigned him to 641st Troop Command Battalion (by reason of voluntary transfer for normal career progress in MOS 00F30) * 27 October 2015 – the applicant was informed his request for ETP to retain the $10,000.00 REB was denied because: * he voluntarily transferred out of the contracted MOS which violated Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) paragraph 6.6.2 * transferred into an unauthorized Table of Distribution and Allowances (TDA) which violates ARNG Selected Reserve Incentive Policy (SRIP) Number 13- 01 * 16 January 2016 – the applicant was informed his incentive eligibility was terminated 4. The applicant provides: a. Support memorandum authored by the applicant’s immediate commander at the time that states in pertinent part, the applicant had no way to make an informed choice prior to receiving the ETP notification due to a flaw in the process, whereby the applicant was neither advised nor counseled of a possible bonus ineligibility ramification of accepting an EPS offer. He is now in a TDA unit and is still DMOSQ since he occupies a 00F position which is not a duty MOS but a SRC. He has one of the five MOSs that the unit deemed necessary for Training Year 2015; 25U is a valuable skill set to have for the CBRN Enhanced Response Force Package (CERFP) mission and it allows the command and control cell to have a qualified radio maintainer to trouble shoot communications equipment for the entire battalion as well as the CERFP. This is also a low density MOS with limited career progression and with this 00F30 position progression is enhanced exponentially. b. Self-authored memorandum, that states, he accepted an EPS offer sent to him. Since the position was closer than his previous position he decided to take it for two fold reasoning. Nowhere in the offer was there a notice he might lose his bonus. He was unaware that 641st Troop Command Battalion was a TDA unit. If he would have known, he might have turned it down due to mileage to keep his bonus and stay on the EPS list. He found it disparaging that he would have to choose between a promotion and his bonus since he would not be changing his MOS for which he contracted. He has a low density MOS where there is a large bottle neck to be promoted to staff sergeant (SSG)/E6 and now this position would cost him his bonus to get promoted. He requested that since he had not changed his duty MOS and would still be in his contracting unit if this promotion offer, which did not state these consequences and that would make him ineligible, was not offered that he be allowed to receive any future payments. c. DA Form 4856 wherein the applicant was formally counseled for the notification of incentive ineligibility. 5. DODI 1205.21, 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 SRIP Policy Number 13-01, in effect at the time states a Soldier must extend DMOSQ for a Modified Table of Organization and Equipment (MTOE) unit. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement and letters of support, the terms of his contract, his change in units from an MTOE to a TDA organization and the stated reasons for denial of an exception to policy request by the National Guard Bureau. The Board also considered that the applicant had not received payment for the bonus prior to its termination. Based on a preponderance of evidence, the Board determined that the applicant’s voluntary transfer violated the terms of his contract and that the termination of his incentive was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted.? 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. 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 a Soldier must extend DMOSQ for a MTOE unit. ABCMR Record of Proceedings (cont) AR20170000885 5 1