ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170001605 APPLICANT REQUESTS: correction to his record to show he was authorized to receive the $15,000 Prior Service Enlistment Bonus (PSEB) incentive payment for enlisting in the Texas Army National Guard (TXARNG). 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) (2) * DD Form 368 (Request for Conditional Release) * Service Computation System Printout * Form W-4 (2007) * REDD Report * DD Form 1966 (Record of Military Processing – Armed Forces of the United States) * Police Record Check * DD Form 2807 (Medical Prescreen of Medical History Report) * DD Form 43 (Record of Emergency Data) * Servicemembers’ Group Life Insurance Election and Certificate * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) * Annex X to DD Form 4 - PSEB Addendum ARNG of the U.S. * Statement of Understanding of Reserve Obligation and Responsibilities * Statement of Understanding –The Selected Reserve Montgomery GI Bill * Annex L to DD Form 4 – Student Loan Repayment Program (SLRP) Addendum ARNG of the U.S. * Annex A to DD Form 4 – Enlistment Agreement ARNG * Orders Number 264-024 * Orders Number 120-010 * Individual Readiness Record * Oath of Extension of Enlistment or Reenlistment * Certificate – Honor Graduate for NODAL Network Systems Operator Maintainer 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 2007, he was promised a $15,000 for prior service enlistment bonus (PSEB) and an SLRP for enlistment in the TXARNG. Later, he was informed he could only receive one incentive payment and he chose the PSEB. In order to receive the bonus, he was required to complete Advanced Individual Training (AIT) within 2 years. At his two-year mark, he was deployed to Iraq and was unable to attend training. However, prior to his departure, he addressed the issue with his readiness section and was assured he was still entitled to receive the bonus. Upon his return from deployment, he was informed that due to unit funding, he was unable to secure a slot for AIT. In 2013, he completed AIT. He believes it is an injustice that he did not receive the bonus as the lack of unit funding was outside of his control. He explains he appealed to the State Incentive Office in Texas and no one is willing to fulfill the promise made to him. 3. The applicant provides the above referenced documents to include: a. DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) which show he enlisted in the TXARNG on 12 September 2007 in the paygrade/rank of private first class (PFC)/E3. b. Annex E to DD Form 4 – PSEB Addendum ARNG, dated 6 September 2007. This addendum shows he was enlisting in the ARNG for 6 years and would receive a total bonus payment in the amount of $15,000, to be paid in two 50% installments of $7500 less taxes. The first 50% installment would be processed for payment upon successful completion of mission occupational specialty (MOS) training. The addendum also states he would be terminated from bonus eligibility without recoupment if he did not become qualified in or awarded as primary the MOS required for his position of enlistment. The applicant and service representative authenticated this Annex with their signature. c. Annex A to DD Form 4 – Enlistment Agreement ARNG on 6 September 2007. This addendum shows he enlisted in TXARNG as a former member of the Armed Forces. He understood that he would undergo training in military occupational specialty (MOS), 25F (Network Switching Systems Operator). d. Orders Number 264-024, dated 21 September 2009, which shows he was ordered to active duty in support of Operation Iraqi Freedom. e. Orders Number 120-010, dated 30 April 2013, he was awarded MOS 25N (Nodal Network Systems Operator – Maintainer) ,with an effective date of 14 May 2013. f. A Certificate from U.S. Army Signal Center and Fort Gordon, shows the applicant was an honor graduate and completed training for Nodal Network Systems Operator - Maintainer on 14 May 2013. 4. A review of the applicant’s service record shows: a. Orders Number BL-327-0039, dated 23 November 2009, show he deployed in a temporary change of station status to Camp Buca, Iraq for a period not to exceed 319 days. b. Orders Number 218-0100, dated 6 August 2010, show he was released from active duty for contingency Operation Iraqi Freedom. c. Orders Number 300-200, dated 26 October 2012, reflects he was ordered to active duty to attend Nodal Network Systems Operator – Maintainer training at Fort Gordon, GA from 30 November 2012 to 14 May 2013. d. According to his DD Form 214 (Certificate of Release or Discharge from Active Duty), he was honorably released after completion of required active service on 14 May 2014 and returned to his unit. e. Per DA Form 4187 (Personnel Action), dated 13 October 2015, he was discharged from the ARNG due to the expiration of term of service on the effective date of 11 December 2015. 5. On 3 January 2017, the National Guard Bureau (NGB) disapproved his exception to policy (ETP) request to retain the $15,000 PSEB. An NGB official referenced ARNG Selective Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 07- 05 effective 16 June 2007 and stated the applicant did not complete MOS training within 24 months which violates guidance. [Applicant] did not become qualified in the contracted MOS based upon the terms and conditions of the incentive agreement. 6. By guidance, SRIP 07-05 (g), PSEB states: * a receipt must enlist for 6 years * a recipient must enlist for a critical skill vacancy * a recipient must agree to retrain in a critical MOS vacancy within an Modified Table of Organization and Equipment unit and become MOS-Qualified within 24 months of enlistment or their bonus will be terminated. Soldiers must become MOSQ prior to receiving payments 7. ARNG SRIP 07-06, in effect from 10 August 2007 to 31 March 2008 provided the criteria for the PSEB. A $15,000 PSEB was authorized for individuals with prior service enlisting for 6 years. Prior service enlistees who were not duty MOS qualified were required to become duty MOS qualified. A PSEB is terminated with recoupment for a Soldier who does not complete his MOS within 24 months of their enlistment. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board found they agreed with the NGB advisory opinion. The evidence provided and of record shows he received deployment orders shortly after the 2-year grace period, therefore, the contention the unit did not have funds to send him to training upon his return does not have merit. Based upon the preponderance of the evidence, the Board determined there is insufficient evidence to grant relief. 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 that 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. REFERENCES: 1. By guidance, Selective Reserve Incentive Programs Policy for Fiscal Year (FY) 07-05 effective 16 June 2007 (g), PSEB states: * a receipt must enlist for 6 years * a recipient must enlist for a critical skill vacancy * a recipient must agree to retrain in a critical MOS vacancy within an Modified Table of Organization and Equipment unit and become MOS-Qualified within 24 months of enlistment or their bonus will be terminated. Soldiers must become MOSQ prior to receiving payments //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170001605 5 1