ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 29 October 2019 DOCKET NUMBER: AR20170003354 APPLICANT REQUESTS: payment of his U.S. Army Reserve (USAR) Enlisted Affiliation Bonus (EAB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document in the Armed Forces of the United States), dated 17 January 2015 * DA Form 3540 (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment), 17 January 2015 * Written Agreement – USAR EAB Addendum, dated 8 October 2014 * EAB Eligibility Checklist * USAR Form 23-R (Selected Reserve Incentive Program (SRIP) Adjustment Certification Worksheet), prepared 14 December 2015 * USAR Form 26-R (Pay Document Transmittal Letter (TL), dated 14 December 2015 * Applicant’s request for Exception to Policy (ETP), dated 29 March 2016 * Headquarters, USAR Command, ETP disapproval, dated 28 June 2016 FACTS: 1. The applicant states, in effect: a. In October of 2014, he was offered an EAB to come out of the Individual Ready Reserve (IRR) and enter the Reserves in an active drilling status. He states, after enlisting, he never received the bonus. When he arrived to the unit in March (2015), he states he spoke with his Army Reserve Career Counselor (ARCC) (SFC Ha__ at that time) about not receiving the bonus that he was told he should have received by December 2015. b. An initial inquiry was submitted through the ARCC to which the applicant states he later found out why his bonus was not paid. He states he was instructed that he would need to submit an exception to policy through his unit up to the commanding General, in which he states he did. A cycle of confusion and miscommunication then took place. After months passed, he received a call questioning the bonus paperwork presented to him. When he was asked about SECTION Ill (Acknowledgement), item 2 of his EAB Addendum, which states: “I was eligible to reenlist or extend my active duty (AD) service at that time I was released and meet the requirements in 2a.-2c. below if applicable (except for mobilized IRR or Standby Reserve Soldiers).” He informed the S1 and accompanying personnel on the telephone that he too questioned the Service Representative at the time of signing about the statement. He knew that he lacked AD service time. c. He was then shown a highlighted copy of the applicable SRIP policy, while also being directed to item 2c of the bonus paperwork which states: “If prior to affiliation, I was a member of the ARNG, I understand that I must have completed my service obligation in the ARNG in order to be eligible for the bonus. Otherwise, I must have served 12 months or more in the IRR in order to qualify for the affiliation bonus.” The applicant states he was reassured that he qualified for the bonus being offered to him, but later was denied the bonus on 28 June 2016, due to lack of AD time. 2. The applicant provides: a. His DD Form 4, dated 17 January 2015, showing he reenlisted in the USAR for 6 years with an effective date of 29 June 2015. b. His DA Form 3540, page 6 of 7, * Section IX (Additions or Changes to this Certificate), indicating a written agreement – EAB Addendum was also included with his enlistment contract * Section X (Statement of Acknowledgement and Understanding of Service Obligations, Methods of Fulfillment and Satisfactory Participation) shows the applicant’s signature and date acknowledging his understanding of his service obligations * Section XI (Certification by Witnessing Official), shows the applicant’s recruiter’s signature and date, certifying that he/she read and explained all of the conditions and stipulations concerning service obligations, methods of fulfillment and satisfactory participation to the applicant c. Written Agreement - USAR EAB Addendum, signed on 8 October 2014, by the applicant, a service representative, and a witnessing officer, issuing the applicant a $20,000 bonus for 6 years in a USAR Selected Reserve (SR) unit. d. EAB Eligibility Checklist, showing, in part an “X” next to the statement “EAB written agreement was signed before or on the date of the service agreement*, but not signed after if transferring from the IRR; - OR - EAB written agreement was signed up to 180 days before or on the expiration term of service (ETS) date, but not after if transferring from the active component (AC) (*service agreement: DA Form 3540, Reserve Annex, or Contract (4/1, 4/2)). There is also an “X” next to the statement “Soldier received an honorable discharge/release from AD.” e. USAR Form 23-R, showing the applicant was certified to receive a payment based off his 6-year (72 months) enlistment in the USAR. f. USAR Form 26-R, showing the applicant bonus payment was requested to be processed on a digitally signed transmittal letter (TL) to the USAR Pay Center, Fort McCoy, WI on 14 December 2015. g. A copy of his recommendation sent to the Commander, Department of the Army Office of the Deputy Chief of Staff G1 (DCS G1) to approve an exception to policy to process his EAB payment. Within the recommendation, the applicant stated the USAR Pay Center required an ETP due to him not having active duty service in accordance with the implementing instructions for the USAR EAB memorandum, dated 28 January 2008. He adds, in part, the main reason for transferring from the IRR to a troop program unit (TPU) was because he was eligible to receive the EAB. h. A copy of a memorandum from Headquarters, USAR Command, dated 28 June 2016, disapproving the applicant’s request for an ETP, stating he was erroneously offered the EAB. 4. A review of the applicant’s service record shows: a. He enlisted in the Illinois Army National Guard (ILARNG) for 6 years on 29 June 2007. b. He entered active duty for training (ADT) on 31 July 2007 and upon completion of training was awarded the military occupational specialty (MOS) MOS 12J (Construction Equipment Operator. He was honorably released from ADT and returned back to the ILARNG on 19 December 2007. c. DA Form 1059 (Service School Academic Evaluation Report), dated 27 August 2011, shows the applicant completed training and was awarded the MOS 12N (Horizontal Construction Engineer) d. NGB Form 22 (National Guard Report of Separation and Record of Service), shows the applicant was discharged honorably from the ILARNG upon completion of his initial 6-year enlistment contract on 28 June 2013 and was transferred to the USAR Control Group (Annual Training (AT)). e. Orders C-01-500776, dated 12 January 2015, issued by the U.S. Army Human Resources Command (HRC), Fort Knox, KY, released the applicant from the USAR Control Group AT and assigned him to a drilling status with the 317th Engineer Company (Horizontal Construction), Kankakee, IL, effective 9 October 2014. f. He reenlisted in the USAR for 6 years on 17 January 2015. Section IX (Additions or Changes to this Certificate) of the applicant’s DA Form 3540 (Certificate and acknowledgement of U.S. Army Reserve Service Requirements and Methods of Fulfillment), shows the applicant also had a written agreement – EAB Addendum, (September 2014), associated with this reenlistment. g. Written Agreement - USAR EAB Addendum, dated 8 October 2014, issued by the USAR, shows in: * Section III, the applicant initialed item 2 as he stated; he also initialed item 3, indicating he was being assigned to a unit vacancy in the SR authorized in the grade and MOS of 12N, which he held at the time * Section V (Entitlement), the applicant initialed he was, in part, eligible for an EAB by affiliating from the IRR into a USAR SR unit for 6 years for the amount of $20,000; he also initialed the payment schedule for this incentive * Section VII (Continuation of Benefits), the applicant initialed, acknowledging he understood the circumstances regarding retaining his bonus in the event he was involuntarily transferred between units and/or service components within the SR * Section X (Statement of Understanding), the applicant signed and dated the addendum on 8 October 2014 * Section XI (Certification by Service Representative and Witnessing), the addendum is signed by the applicant’s service representative and a witnessing officer on 8 October 2014 h. A Headquarters USARC memorandum on behalf of the applicant, dated 28 June 2016, shows the applicant’s request for an exception to policy was disapproved. The memorandum states, in part, the applicant affiliated with the Army Reserve on 8 October 2014, for a 6-year term with a $20,000 EAB. The United States Reserve Pay Center rejected his bonus payment because the applicant had no qualifying AD service at the time. Army policy required that Soldiers contracting for the EAB, have served on active duty in the Regular Army or corresponding AD in another U.S. Armed Force, or has served on AD in an Active Guard Reserve (AGR) status under 10 USC 12301(d) and been released under honorable conditions. The applicant was erroneously offered the EAB and unfortunately the Army Reserve G-1 did not have authority to grant an exception in the applicant’s case. i. The applicant was advised to have his case reviewed by the Board to pursue any perceived injustice. j. The applicant is currently serving on AD with his Army Reserve unit in support of a military operation. 5. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), in effect at the time, requires, in part, the Service member acknowledge that he/she are serving on AD and have 180 days or less remaining on their AD obligation or have served on AD and was discharged or released under honorable conditions. The Service member is also required to affiliate with the SR for the remaining period of their military service obligation (MSO) in a skill that is approved for bonus entitlement by the Secretary concerned. 6. Army Regulation 135-7 (Army National Guard and Army Reserve - Incentive Programs), provides policy and guidance for the administration of the affiliation bonus. Soldiers are required to meet eligibility criteria, in part, on assignment to an Army National Guard of the United States (ARNGUS) or USAR troop program unit, an affiliation bonus may be paid to an enlisted soldier who meets all of the following criteria: * has served on active duty in an Active component of a U.S. armed force, or has served on active duty in an Active Guard Reserve (AGR) status under 10 USC 672d and has satisfactorily completed a term of service * has a remaining statutory MSO * has been released from active duty (REFRAD) with the Active Army; REFRAD from AGR status; or Transferred from the Individual Ready Reserve (IRR) 7. Army Reserve (AR) Fiscal Year 2015 (FY15) SRIP Policy Guidance, dated 25 September 2014, for 1 October 2014 through 31 March 2015, states, in part regarding eligibility, Soldiers must have less than 20 years total military service and have been discharged or released from active duty under honorable conditions. National Guard Soldiers must have completed their National Guard service obligation prior to transferring to TPU to be eligible for the bonus; otherwise, they must serve at least one year in the IRR. Soldiers transferring from the IRR may complete their bonus agreements before or on the date of assignment to a TPU, but not after. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. Based upon the documentary evidence provided by the applicant and found within the military service record, the Board members found that the applicant was offered the bonus in error. One of the requirements is to have active duty service. He did not have it. Nevertheless, in the Board’s view, the applicant enlisted in good faith and may have been miscounseled and the applicant should not be penalized for administrative errors committed by the subject matter experts who promised him an incentive. Based upon the totality of the facts and circumstances, the Board found not awarding the EAB payments to the applicant would create an injustice to the applicant. Therefore, the Board recommended granting the requested relief. 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing his exception to policy request to retain the $20,000 enlisted affiliation bonus incentive was approved, and payment of such incentive. 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. DODI 1205.21, in effect at the time, requires, in part, the Service member acknowledge that he/she are serving on AD and have 180 days or less remaining on their AD obligation or have served on AD and was discharged or released under honorable conditions. The Service member is also required to affiliate with the SR for the remaining period of their military service obligation (MSO) in a skill that is approved for bonus entitlement by the Secretary concerned. 2. AR 135-7, provides policy and guidance for the administration of the affiliation bonus. Soldiers are required to meet eligibility criteria, in part, on assignment to an Army National Guard of the United States (ARNGUS) or USAR troop program unit, an affiliation bonus may be paid to an enlisted soldier who meets all of the following criteria: * has served on active duty in an Active component of a U.S. armed force, or has served on active duty in an Active Guard Reserve (AGR) status under 10 USC 672d and has satisfactorily completed a term of service * has a remaining statutory MSO * has been released from active duty (REFRAD) with the Active Army; REFRAD from AGR status; or Transferred from the Individual Ready Reserve (IRR) 3. Office of the Deputy Chief of Staff, G-1, Memorandum, dated 28 January 2008, Subject: Implementing Instructions for Enlisted Affiliation Bonus, provides guidance. Members of an armed force who have completed less than 20 total years of military service and execute a written agreement to serve in a USAR unit for a period of not less than 3 years in a skill, unit, or pay grade designated on written agreement after being discharged or released from active duty under honorable conditions, are eligible for this bonus on assignment to a Selected Reserve unit. A Soldier on assignment to a Reserve Component Selected Reserve unit, must currently be serving on active duty in the active Army or corresponding active duty including active duty term of service incurred by an order. The Soldier must be eligible to remain on active duty by reenlistment or voluntary extension in the component in which he or she is currently assigned to (i.e., the active component). 4. Army Reserve (AR) Fiscal Year 2015 (FY15) SRIP Policy Guidance, dated 25 September 2014, for 1 October 2014 through 31 March 2015, states, in part regarding eligibility, Soldiers must have less than 20 years total military service and have been discharged or released from active duty under honorable conditions. National Guard Soldiers must have completed their National Guard service obligation prior to transferring to TPU to be eligible for the bonus; otherwise, they must serve at least one year in the IRR. Soldiers transferring from the IRR may complete their bonus agreements before or on the date of assignment to a TPU, but not after. NOTHING FOLLOWS ABCMR Record of Proceedings (cont) AR20170003354 7 1