ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 January 2020 DOCKET NUMBER: AR20170005308 APPLICANT REQUESTS: * release from his enlistment contract * exception to policy (ETP) to keep the Enlistment Affiliation Bonus (EAB). APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * two DD Forms 149 (Application for Correction of Military Record) * memorandum from US Army Reserve (USAR) Command reference ETP * Enlistment/Reenlistment Document * Bonus Addendum FACTS: 1. The applicant, in his two applications, states: * he was denied being let out of his contract due to an administrative error * he feels his contract is void * he signed a reenlistment contract in good faith that he would receive a bonus of $20,000 * it wasn't until almost two years later he was denied the bonus due to the policy being changed around the time he reenlisted * he signed what was known to him * the error has brought a lot of stress on him and his family * they had planned to use the money for a honeymoon, wedding, and a down payment on a house * he thanks the Board for looking into the matter * he was denied his bonus due to no fault of his own * he was told whoever wrote the policy didn't use correct verbiage so the bonus offer didn't mean what was written * he initially requested to be released from his contract, but due to the time it has taken for this decision, his contract is almost up 2. The applicant initially requested to be released from his contract. He amended his request to an ETP to keep his bonus. The only decision before the Board is whether or not he should receive an ETP for his reenlistment bonus. 3. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 220 (Active Duty Report), dated 28 June 2007, which shows: * the applicant was in the Army National Guard (ARNG) * he entered active duty on 25 April 2007 * he departed active duty on 7 July 2007 * he was a graduate of Basic Combat Training b. DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 24 March 2010, which shows: * he was a member of the ARNG * he entered active duty on 11 February 2009 * he separated from active duty on 24 March 2010 * he had 6 months and 10 days of prior active service * he had service in Kuwait and Iraq during the active duty service * the type of separation was release from active duty c. an NGB Form 22 (Report of Separation and Record of Service) dated 29 March 2013, which shows: * he entered the ARNG on 30 March 2007 * he was released to USAR Control Group (Reinforcement) * his effective date of release from the ARNG was 29 March 2013 * he had 6 years of service that period * the reason for discharge was Expiration of Active Status Commitment 4. The applicant provides the following documents for the Board's consideration: a. a memorandum from Headquarters, USAR Command, dated 21 November 2016, which states: * the request for ETP is disapproved * the applicant joined the USAR on 8 January 2015 for a 6 year term with a $20,000 EAB * the USAR Pay Center rejected payment of the EAB because the applicant had no qualifying active duty service * in order to be eligible for the EAB, Army policy requires a Soldier serve a qualifying period of AD in the US Armed Forces active component, as a mobilized member of the individual ready reserve, or as a member in Title 10 Active Guard Reserve * the applicant did not meet this eligibility requirement and was offered the EAB in error * the USAR Command G1 does not have the authority to grant an ETP in the applicant's case b. DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows the applicant joined the USAR on 29 April 2015 for a period of 6 years c. a DA Form 3540 (Certificate and Acknowledgment of USAR Service Requirement and Methods of Fulfillment), dated 29 April 2015, which states, in pertinent part: * he was a current member of the USAR and was reenlisting to continue his service * an addendum was attached to his enlistment paperwork * only addendums authorized by Headquarters, Department of the Army could be included * an EAB addendum was added d. an EAB Addendum, which states, in pertinent part: * he was eligible to reenlist or extend his Active Duty service at the time he was released * there was a unit vacancy in the military occupational specialty he was enlisting for * he was not a military technician or part of the Army Guard Reserve program * he was eligible for the EAB because he was in the Individual Ready Reserve and was enlisting for a period of 6 years to receive $20,000 5. See below for applicable references. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board agreed that the applicant enlisted in the USAR under the condition that he would receive an EAB, but clearly did not understand all of the requirements to be eligible for that enlistment incentive. The Board further agreed that the applicant should not be held accountable for signing a bonus addendum for an incentive for which he was not eligible when offered to him by an appropriate government official. By a preponderance of the evidence, the Board determined the applicant's record should be corrected to show an ETP was approved authorizing him payment of the $20,000 EAB. 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 to show an exception to policy was approved authorizing payment of the $20,000 Enlisted Affiliation Bonus for which he contracted on 8 January 2015 and paying him any monies he is due as a result of this correction. X CHAIRPERSON 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. Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) states the Soldier will sign an addendum for the EAB agreeing to the following: a. They completed any active military service obligation (MSO) and had less than l4 years of total military service from their pay entry base date upon execution of the written contract. b. They were not being released from active service for enlistment in a Reserve component. c. They received an honorable discharge at the conclusion of their active military service. d. They had not previously been paid a bonus for enlistment, reenlistment, or extension of enlistment in a Reserve component, and the specialty associated with the position they were projected to occupy is a specialty in which they successfully served while on active duty (AD) and attained a level of qualification commensurate with their grade and years of service. e. The definition of Active Duty (AD) is full-time duty in the active military service of the United States. Such term includes full-time training duty, annual training duty, and attendance, while in the active military service, at a school designated as a Service school by law or by the Secretary concerned. AD does not include full-time National Guard duty. 2. Army Regulation 601–210 (Active and Reserve Components Enlistment Program) states for the prior service enlistment bonus: a. A cash bonus is offered to eligible applicants enlisting in the SELRES and complying with all of the following eligibility requirements: (1) Received an honorable discharge or honorable release at the conclusion of their last period of active military Service. (A General under Honorable discharge from the last period of Service does NOT meet this criteria and is ineligible for the PSEB.) (2) Has completed not more than 16 years of total military Service and received an honorable discharge at the conclusion of all prior periods of Service. The “total military Service criteria” includes inactive reserve time in the IRR or ING. (3) Is not being released from active or SELRES (TPU, IMA, or AGR) Service for the purpose of enlistment in the AR or ARNGUS. (4) Possesses a bonus MOS or accept training into an MOS as announced by HQDA that is the same required by the SELRES unit position vacancy. The Soldier must have successfully served in the MOS and attained a level or qualification commensurate with the Soldier’s grade and years of Service while serving on AD. In the case of prior Service in the AR or ARNGUS must have previously qualified in the MOS. (5) Must be DMOSQ for the position for which enlisting, or agree to retrain in a critical MOS vacancy announced by HQDA that is the same required by the position vacancy for which enlisting. In the case of PS in the ARNGUS or AR must be DMOSQ for the position which enlisting. //NOTHING FOLLOWS//