ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20170004010 APPLICANT REQUESTS: overturn National Guard Bureau (NGB) denial for exception to policy (ETP) to retain reenlistment/extension bonus APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB (National Guard Bureau) Form 600-7-3-R-E (Reenlistment/extension Bonus (REB) Addendum) * SIDPERS data sheet * promotion slating eligibility * promotion vacancies * DA Form 4836 (Oath of Extension or Reenlistment) dated 7 September 2013 * Ohio Army National Guard (OHARNG) Order 329-1051 * OHARNG Order 329-1052 * NGB Exception to Policy (ETP) denial dated 10 March 2015 * OHARNG Order 082-902 * OHARNG Order 130-942 * OHARNG request for ETP * NGB ETP disapproval dated 6 December 2016 * Army National Guard (ARNG) Selective Reserve Incentive Program policy * Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures) 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 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: a. He was a 31B (Military Police, MP) specialist (SPC)/E-4 in the OHARNG when he reenlisted on 7 September 2013 for 3 years and contracted to receive a REB in the amount of $5,000. He inquired to the battalion S-1 of the 437th MP, if being on the promotion list in the military occupational specialty (MOS) of 11C would affect his eligibility for the REB. He was told that if he were to be promoted in the MOS 11C it would be career progression and it would not affect his eligibility. On 25 November 2013, he was promoted to sergeant (SGT)/E-5 in the MOS 11C. b. In June 2014, he was informed by the state education and incentives office that he was ineligible for the REB due to a MOS mismatch. The OHARNG requested an ETP in his behalf to the NGB to retain his REB. On 10 March 2015, the ETP was denied due to voluntarily transfer out of contracted MOS per OHARNG Order Number 329-1051. On 23 March 2015 this order was amended to read “transfer at the needs of the Army, MILPO approved”. On 6 December 2016, a second request for ETP was submitted to the NGB, which was disapproved for the previous reason as it violated DoDI 1205.21, paragraph 6.8.3 and ARNG SRIP policy 13-01. 3. The applicant provides NGB Memorandum dated 10 March 2015, that denied the request for ETP and directed termination without recoupment for the following reasons: a. Not serving in the MOS for which contracted which violated ARNG SRIP policy 13-01. He contracted for the MOS 31B but was in the MOS 11C. b. He voluntarily transferred out of the contracted MOS per order number 329-1051. 4. A review of the applicant’s service records shows: a. With prior service in the United States Marine Corps, he enlisted in the Army National Guard of the United States (ARNGUS) for the state of Ohio on 13 October 2011. b. OHARNG Order Number 243-1018, dated 30 August 2012 shows he was discharged from the ARNG effective 12 October 2012 due to ETS. c. There is no evidence in the applicant’s service record that OHARNG Order Number 243-1018 was revoked. d. DA Form 4836, dated 5 September 2012 shows he extended his enlistment for 1 year to obtain a new expiration term of service (ETS) of 12 October 2013. e. DA Form 4836, dated 6 March 2013 shows he extended his enlistment for 7 months and 20 days to obtain a new ETS of 1 June 2014. f. DA Form 4836, dated 2 May 2013 shows he extended his enlistment of 28 days to obtain a new ETS of 29 June 2014. g. OHARNG Order Number 233-988, dated 21 August 2013 shows he was awarded the primary MOS of 31B, secondary MOS 11C, and additional MOS 11B. h. DA Form 4836, dated 7 September 2013 shows he extended his enlistment for 3 years to obtain a new ETS of 29 June 2017. i. NGB Form 600-7-3-R-E with bonus control number (BCN) R13090514OH, in duty MOS 31B for 3 years to receive a bonus of $5,000. j. He was released from active duty on 30 September 2013 with an honorable characterization of service under the provisions of Army Regulation (AR) 635-200, chapter 4 (Completion of Required Active Service). His DD Dorm 214 (Certificate of Release or Discharge) shows that he completed 3 months and 1 day of active service. k. DA Form 4836, dated 16 October 2013 shows he extended his enlistment for 2 months and 10 days to obtain a new ETS of 8 September 2017. l. OHARNG Order Number 329-1051, dated 25 November 2013 shows he was transferred at the applicant’s request from 585th MP Company in the MOS of 31B as excess Headquarters and Headquarters Company, 1st Battalion, 148th Infantry Regiment in the MOS of 11C effective 25 November 2013 under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), chapter 3 (Utilization Management) and AR 600-8-19 (Promotions and Reductions), chapter 7 (Enlisted Promotion and Reduction of Army National Guard Personnel). m. OHARNG Order Number 329-1052, dated 25 November 2013 shows he was awarded the primary MOS 11C2O, secondary MOS 31B2O, and additional MOS 11B2O effective 25 November 2013 under the provisions of AR 600-8-19, paragraph 7-20 (Promotion to Sergeant (SGT) to Sergeant Major (SGM)). n. OHARNG Order Number 082-902, dated 23 March 2015 amended OHARNG Order Number 329-1051 as such: * As reads: Additional instructions: Current Duty Position (DPOS): 31B10 paragraph/line: 105-06 qualified, excess, Assigned Loss reason: Individual’s request * How changed: Transfer at the needs of the Army o. OHARNG Order Number 069-1007, dated 9 March 2016 shows he was reassigned to DPOS: 09S2O effective 20 February 2016. p. DA Form 4836, dated 1 September 2016, shows he extended his enlistment for 1 year to obtain a new ETS of 8 September 2018. q. DA Form 4836, dated 28 September 2016, shows he extended his enlistment for 1 year to obtain a new ETS of 8 September 2018. r. The facts and circumstances surrounding the duplication of the extensions is not available for the Board to review. s. NGB Memorandum dated 6 December 2016, second request for ETP for the applicant to retain his REB was disapproved for the following: * voluntary transfer out of contracted MOS during contract period which violated DoDI 1205.21, paragraph 6.8.3 * voluntary transfer out of contracted MOS during contract period which violated ARNG SRIP 13-01 t. The applicant contracted for MOS 31B and at the time of this request was assigned to MOS 09S. The State Incentive Manager was directed to terminate the incentive without recoupment as no payments had been made effective the date of the transfer stated on the order. u. OHARNG Order Number 233-908 dated 21 August 2017, he was discharged from the ARNG effective 12 August 2017 to accept an appointment as a commissioned officer. v. DA Form 71 (Oath of Office) dated 13 August 2017, he was appointed as a first lieutenant (1LT) as a reserve commissioned officer effective 13 August 2017. w. NGB Form 337 (Oaths of Office), dated 13 August 2017 shows he was appointed as a 1LT in the OHARNG effective 13 August 2017. 5. By regulation 600-8-19 (Promotions and Reductions), be qualified in career progression military occupational specialty (CPMOS), promotion MOS or a feeder MOS for the position assigned and promoted into unless another standard is authorized in the ARNG enlistment criteria. Commanders and personnel managers will ensure promotion of SRIP participants only in their primary or CPMOS to avoid violating the terms of incentives contracts. CPMOS must be in the same career management field as the bonus to retain entitlement. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. Based upon the voluntarily changing of the MOS by the applicant, which resulted in breaking the terms of the enlistment contract which awarded the bonus, the Board concluded that there was insufficient evidence of an error or injustice which would warrant making a change to the applicant’s record. 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. 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 Army Board for Correction of Military Records (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. Army Regulation (AR) 600-8-19 (Promotions and Reductions), chapter 7 (Enlisted Promotion and Reduction of Army National Guard Personnel), in effect at the time, prescribes policies, procedures and systems to advance, promoted, laterally appoint and administrative reduction for all ARNG and ARNGUS enlisted Soldiers. Paragraph 7-20f, be qualified in career progression military occupational specialty (CPMOS), promotion MOS or a feeder MOS for the position assigned and promoted into unless another standard is authorized in the ARNG enlistment criteria. Commanders and personnel managers will ensure promotion of SRIP participants only in their primary or CPMOS to avoid violating the terms of incentives contracts. CPMOS must be in the same career management field as the bonus to retain entitlement. 3. National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 3 (Utilization Management), in effect at the time, prescribes the utilization policies of ARNG/ARNGUS enlisted Soldiers. It provides general assignment policies and responsibilities for managing the enlisted force. Paragraph 3-14 (Utilization of Certain Designated Personnel), Soldiers with SRIP enlistment bonus must be utilized in the MOS for which they received their bonus, including assignments and promotion to higher graded positions in the bonus MOS and MOS to which it progresses. These Soldiers must remain duty MOS qualified in the bonus MOS for the entire period they receive their bonus. 4. Department of Defense Instruction (DoDI) 1205.21, reissues reference to update policy, assign responsibilities, and prescribe procedures for management of the Reserve components incentive programs. Paragraph 6.8.3, moves to non-bonus skill or unit, unless the move is required by the Reserve components. 5. The ARNG Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year (FY) 13, the SRIP assists leadership and personnel managers in meeting and sustaining ARNG readiness requirements. The programs also provide recruiting and retention incentives to assist in filling critical shortages. Incentives are implemented in those situation where other less costly methods have proven inadequate or ineffective in supporting unit and skill staffing requirements. a. Paragraph 22b, a Soldier failing to serve in the contracted MOS for the entire length of the incentive agreement (exception authorized for normal career progression). The termination date will be the date of transfer reflected on the Soldier’s order. b. Paragraph 22c, a Soldier voluntarily changing his/her MOS during the contractual obligation, unless assigned as a 09S (OCS) Candidate) or 09R (Simultaneous Membership Program Cadet). The termination date will be the date of transfer reflected on the Soldier’s order. ABCMR Record of Proceedings (cont) AR20170004010 6 1