ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 October 2019 DOCKET NUMBER: AR20170001583 APPLICANT REQUESTS: In effect, reversal of the decision by the National Guard Bureau (NGB) to deny his exception to policy (ETP) and to receive his Reenlistment/Extension Bonus (REB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Army National Guard Reenlistment Bonus Addendum * Request for Exception to Policy (ETP) for Reenlistment/Extension Bonus 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, he reenlisted in the Ohio National Guard in the summer of 2014 after completing his first six year enlistment and a deployment to Afghanistan. He was promised a $10,000 re-enlistment bonus for serving a new six year contract. He interstate transferred to Oregon and chose to change his military occupational specialty (MOS) from 88M (Motor Transport Operator) to 19D (Calvary Scout). He was denied his bonus for changing his contracted MOS. He has submitted an ETP memo which was denied. He also states, he believes that he is an exceptional Soldier as well as a combat veteran. The reenlistment bonus is a major reason he decided to stay in the National Guard for another six years. He feels it is unjust and unfair that he is still faithfully serving his second six year contract and not receiving the $10,000 re-enlistment bonus he was offered. 3. The applicant provides: a. Army National Guard Reenlistment Bonus Addendum, dated 19 July 2014, which states: * item 1b., I voluntarily change my REB MOS during the contractual obligation unless assigned as an 09R (SMP Cadet), 09S (Officer Candidate School (OCS) Candidate), 09W (Warrant Officer Candidate) or meet one of the relevant rules of Section V. The effective date of termination is my transfer order effective date * item 1m(2), I voluntarily transfer out of my current REB MOS into a different MOS unless otherwise authorized in this addendum. The effective date of termination is the effective date of my transfer order b. Request for ETP for Reenlistment/Extension Bonus, dated 6 May 2016, which states The National Guard Bureau denied his request for an exception to policy, and stated the discrepancy of him voluntarily transferring out of the contracted Military Occupational Specialty which violates the Department of Defense Instruction 1205.21, paragraph 6.6.2. and the ARNG does not have the authority to approve the request. The State Incentive Manager will terminate the incentive with recoupment effective the date of transfer. 4. A review of the applicants service records indicate: a. He enlisted in the Ohio Army National Guard (OARNG) on 23 December 2008. He served in Afghanistan from 5 January 2013 to 28 September 2013 b. His DA Form 2-1 (Personnel Qualification Record) reflects that he was awarded MOS 88M (Motor Transport Operator) on 23 September 2009. c. His DD Form 214 (Certificate of Release or Discharge from Active Duty), reflects that he entered active duty training on 12 May 2009, and was honorably released from active duty (REFRAD) training on 23 September 2009, under the provisions of Army Regulation (AR) 635-200 (Enlisted Administrative Separations), for completion of required active service. Item 11 (Primary Specialty), list 92G1O 00 Food Service Operation for 4 months and 12 days of active service this period. d. His DD Form 214, reflects that he entered active duty training on 1 February 2010, and was honorably REFRAD on 23 December 2011, under the provisions of AR 635-200, for completion of required active service. Item 11 (Primary Specialty), list 92G1O 00 Food Service Operation, 3 years, and 0 months. e. His DD Form 214, reflects that he entered active duty training on 11 November 2012, and was honorably REFRAD on 8 November 2013, under the provisions of AR 635-200, for completion of required active service. Item 11 (Primary Specialty), list 88M20 Motor Transport Operator, 1 year. f. On 19 July 2014, he reenlisted for a REB of $10,000, for MOS 88M for a period of six years. He signed the document on 19 July 2014, confirming that he understood the REB addendum. g. The National Guard Bonus Addendum, which he signed accepting the REB, also states in Section VI (Termination): * item 1b., I voluntarily change my REB MOS during the contractual obligation unless assigned as an 09R (SMP Cadet), 09S (Officer Candidate School (OCS) Candidate), 09W (Warrant Officer Candidate) or meet one of the relevant rules of Section V. The effective date of termination is my transfer order effective date * item 1m(2), I voluntarily transfer out of my current RES MOS into a different MOS unless otherwise authorized in this addendum. The effective date of termination is the effective date of my transfer order h. On 27 July 2014, he requested an interstate transfer, utilizing DA Form 4187 (Personnel Actions). He was accepted in the Oregon Army National Guard on 13 August 2013. i. On 2 June 2015, he voluntarily changed his REB MOS to 19D20 (Cavalry Scout), which is a violation of the National Guard Bonus Addendum. j. On 6 May 2016, he applied to the Oregon Army National Guard for an exception to policy for his REB. The National Guard Bureau denied his request for an exception to policy, and stated the discrepancy of him voluntarily transferring out of the contracted Military Occupational Specialty which violates the Department of Defense Instruction 1205.21, paragraph 6.6.2. and the ARNG does not have the authority to approve the request. The State Incentive Manager will terminate the incentive with recoupment effective the date of transfer. 5. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) sets policies and procedures for the administration of ARNG incentive programs. 6. By policy, Department of Defense Instruction 1205.21 assigns responsibilities, and prescribes procedures under DoD Directive 1205.20, Reserve Component Incentive Programs for management of the Reserve components incentive programs. 7. ARNG Selected Reserve Incentive Program (SRIP) Policy Number 07-05, paragraph 14i (REB Eligibility) in effect at the time states the ARNG offers two REB options to MOS Qualified (MOSQ) Soldiers who extend for three or six years. The two available options are: Extend/reenlist MOSQ in a critical unit identification code (UIC), or extend/reenlist MOSQ in a Critical Skill identified in Enclosure 1 or 2. Soldiers may not have more than 20 years’ time in service (TIS) upon their current expiration term of service. Note: The REB is not offered to Soldiers extending/reenlisting in table of distribution and allowances units. Paragraph 14j 2 (REB for extension in a critical UIC and/or Critical Skill) states MOSQ applicants who reenlist or extend in a valid position for the first three year reenlistment/extension option within a Critical UIC and/or Skill (Enclosure 1 & 2), and up to 125% of their unit's authorized war-time strength at the MOS Level will receive a $7,500 bonus. Soldiers will receive their REB in one lump- sum payment, which will be processed on the effective date of the new contract (extensions take effect the day after a Soldier's current contractual ETS). BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions were carefully considered. Evidence of record shows he voluntarily changed his MOS and unit of assignment within the 6-year contracted period. The Board agreed he violated the terms of his enlistment contract and the incentives was justly terminated. 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. 1/21/2020 X CHAIRPERSON Signed by 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 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 Selected Reserve Incentive Program (SRIP) Policy Number 07-05, paragraph 14i (REB Eligibility) in effect at the time states the ARNG offers two REB options to MOS Qualified (MOSQ) Soldiers who extend for three or six years. The two available options are: Extend/reenlist MOSQ in a critical unit identification code (UIC), or extend/reenlist MOSQ in a Critical Skill identified in Enclosure 1 or 2. Soldiers may not have more than 20 years’ time in service (TIS) upon their current expiration term of service. Note: The REB is not offered to Soldiers extending/reenlisting in table of distribution and allowances units. Paragraph 14j 2 (REB for extension in a critical UIC and/or Critical Skill) states MOSQ applicants who reenlist or extend in a valid position for the first three year reenlistment/extension option within a Critical UIC and/or Skill (Enclosure 1 & 2), and up to 125% of their unit's authorized war-time strength at the MOS Level will receive a $7,500 bonus. Soldiers will receive their REB in one lump- sum payment, which will be processed on the effective date of the new contract (extensions take effect the day after a Soldier's current contractual ETS). 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs) sets policies and procedures for the administration of ARNG incentive programs. Paragraph 1-14 (Processing Instructions) states the applicable incentive addendum must be completed and a copy made a permanent part of each enlistment, reenlistment, extension; or affiliation packet prior to distribution. 4. Department of Defense Instruction 1205.21 assigns responsibilities, and prescribes procedures under DoD Directive 1205.20, Reserve Component Incentive Programs for management of the Reserve components incentive programs. Paragraph E5.3 Authentication shows signatures from the service representative and date, service member and date, and name and grade of the witnessing officer signature and date. //NOTHING FOLLOWS//