ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  29 July 2019

	DOCKET NUMBER:  AR20170001544


APPLICANT REQUESTS: Reversal of the U.S. Army Reserve (USAR) Exception to 
Policy (ETP) denial to retain a $15,000.00 Prior Service Enlistment Bonus (PSEB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	DA Form 5261-5 (Selected Reserve Incentive Program (SRIP) – USAR PSEB 
Addendum), dated 12 April 2008
*	DA Forms 1059 (Service School Academic Evaluation Report), dated 24 July 
2010
*	Orders Number 10-235-00071, dated 23 August 2010
*	Orders Number C-11-599990, dated 3 November 2015
*	Memorandum, Subject: ETP for the applicant, dated 29 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 he was denied his enlistment bonus, and his chain of command 
informed him he would still receive his bonus due to the unit being over strength in 
Military Occupational Specialty (MOS) 42A (Human Resources Specialist).  He attended 
training in MOS 88H (Cargo Specialist) and completed both phases.

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

*	12 April 2008 – the applicant enlisted in the USAR; in conjunction with this 
enlistment DA Form 5261-5 was completed showing the following in:

*	section 3 (Acknowledgement), item 4, he was not qualified in MOS 42A and 
could not receive the bonus until he was awarded the MOS, and if he did not 
become MOS qualified in the allocated time frame he would forfeit all 
entitlements to the bonus
*	section 5 (Entitlement) he was enlisting for 6 years for a bonus of $15,000.00; 
he would be paid 50% of the bonus upon being awarded the MOS; the 
remaining 50% would be paid on his 2nd and 4th year anniversary
*	section 7 (Termination):

*	item 2, the bonus would be terminated if he moved to an MOS or was 
reclassified in an MOS, other than that which he contracted for; 
recoupment would not be sought if the unit reorganized, relocated, 
redesignated, inactivated, or converted
*	item 3, if he was not MOS qualified within 24 months of enlistment he 
would forfeit all entitlements to the enlistment bonus

*	he endorsed this form with his signature

*	3 November 2008 – Orders Number 08-308-00088, issued by Headquarters, 
99th Regional Support Command (RSC), released the applicant from his current 
assignment by reason of Troop Program Unit (TPU) to TPU within the command; 
it was an involuntary reassignment, management designator was in MOS 42A
*	the applicant’s records are void of documentation showing completion of training 
in MOS 42A
*	24 July 2010 – the applicant attended and completed phase 1 training in MOS 
88H, his record is void of a phase II completion document
*	23 August 2010 – Orders Number 10-235-00071, issued by Headquarters, 99th 
RSC, awarded the applicant MOS 88H and withdrew MOS 42A effective 
10 August 2010
*	29 January 2016 – by memorandum, the applicant was informed his request for 
ETP to retain a $15,000.00 PSEB was disapproved for failure to become MOS 
qualified within 24 months

4.  The applicant provides:

*	DA Form 1059 showing the applicant attended and completed phase 1 and 2 of 
MOS 88H training from July – August 2010
*	Orders Number C11-599990 showing the applicant was placed on the Retired list 
effective 1 November 2015

5.  Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive 
Programs Procedures) states as a condition of the receipt of an incentive covered by
this instruction, each recipient shall be required to sign a written agreement stating that
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.  That agreement shall clearly specify the terms of 
the Reserve service commitment that authorizes the payment of the incentive to the 
member.

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, his record of 
service, the contents of his agreement for the PSEB, the absence of evidence to 
support his completion of requirements for the MOS associated with the bonus, the ETP 
denial and the reasons, and his retirement.  The Board found that the applicant trained 
in an MOS other than the bonus in the incentive agreement and that he acknowledged 
the conditions under which payment of the bonus would be denied.  Based on a 
preponderance of evidence, the Board determined that the denial of the requested 
PSEB 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

:XXX	:XXX	:XXX	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) states as a 
condition of the receipt of an incentive covered by this instruction, each recipient shall 
be required to sign a written agreement stating that 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.  That 
agreement shall clearly specify the terms of the Reserve service commitment that 
authorizes the payment of the incentive to the member.


ABCMR Record of Proceedings (cont)	 AR20170001544
	
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