ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 23 January 2020 DOCKET NUMBER: AR20170006766 APPLICANT REQUESTS: payment of his reenlistment/extension bonus (REB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552). REFERENCES: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. The Army National Guard (ARNG) Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year 2013 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 situations where other less costly methods have proven inadequate or ineffective in supporting unit and skill staffing requirements. Paragraph 22 (Termination with Recoupment) states that if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the service member's written agreement/addendum, the service member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. a. Paragraph 22b states for a Soldier failing to serve in the contracted military occupational specialty (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 states for a Soldier voluntarily changing his/her MOS during the contractual obligation, unless assigned as a 09S (Officer Candidate School Candidate) or 09R (Simultaneous Membership Program Cadet), the termination date will be the date of transfer reflected on the Soldier's order. 3. Army Regulation 600-8-6 (Personnel Accounting and Strength Report), in effect at the time, prescribed policies, principles of support, standards of service, operating tasks, and steps governing the function of military personnel accounting and strength reporting. Paragraph 3-33a (Rules for Reporting a Position Number Change) stated Soldiers who are not assigned to an authorized duty position will be reported by a special category position number in the 999 series as outlined in Table 3-5 (Unit Manning Report (UMR) Codes for Soldiers Not Occupying an Authorized Duty Position). 4. National Guard Regulation 600-200 (Enlisted Personnel Management), chapter 3 (Utilization Management), prescribes the utilization policies of ARNG and ARNG of the United States (ARNGUS) enlisted Soldiers. It provides general assignment policies and responsibilities for managing the enlisted force. Paragraph 3-14 (Utilization of Certain Designated Personnel) states Soldiers with an 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 (DMOSQ) in the bonus MOS for the entire period they receive their bonus. 5. Army Regulation 600-8-2 (Suspension of Favorable Personnel Actions (Flag) prescribes policies, operating rules, and steps governing the suspension of favorable personnel actions. FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the 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 he is missing a transfer request from Company B to the 117th Space Battalion. His transfer request was command directed. He was advised that if he was going to be able to continue service, he would have to transfer to another unit. He asked if it would affect his bonus and he was told it would not. He never signed anything to transfer to another unit. Then he was informed that his bonus would be affected after he transferred and processed into Headquarters and Headquarters Company, 117th Space Battalion; however, he was not informed of the reason. He planned to use the money for closing costs for a home. Due to the nonpayment, he is having issues finding affordable housing. 3. Having prior service in the Regular Army, he enlisted in the Colorado ARNG on 1 July 2004 for period of 4 years, 6 months, and 25 days. He previously completed required training in the Regular Army for award of MOS 63W (Wheeled Vehicle Repairer) on 2 February 2002. 4. Colorado ARNG Element, Joint Force Headquarters (-) (Detachment 1), Orders 133-003, dated 13 May 2009, awarded him primary MOS 92A (Automated Logistical Specialist) and secondary MOS 63B (Light Wheeled Vehicle Mechanic) effective 1 May 2009. 5. On 9 March 2013 while assigned to Company A, 147th Brigade Support Battalion, he executed a second extension to his 2001 term of enlistment. With this extension, he signed Annex R to DD Form 4 (Enlistment/Reenlistment Document) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), REB Addendum, ARNGUS. The addendum shows the applicant acknowledged: * if he is non-DMOSQ at the time of extension, he must become DMOSQ within 24 months from the contract start date * he is reenlisting/extending DMOSQ in MOS 92A only for 6 years as the primary position holder in the rank/grade commensurate with this position * he is not in an over-strength or excess status including when deployed and not coded 9993 in the Standard Installation/Division Personnel System * he must be in the authorized ARNG incentive system in an MOS that matches the authorized military grade and skill qualification commensurate with the position he is reenlisting/extending * he is not currently serving on a Title 10 or Title 32 Active Guard Reserve tour * he is reenlisting/extending for 6 years and will receive a $10,000.00 bonus * the bonus would be terminated with recoupment if – * he voluntary changed his reenlistment bonus MOS during the contractual obligation * became an unsatisfactory participant * was placed in Standard Installation/Division Personnel System excess code 9993 * had two consecutive record Army Physical Fitness Test failures and/or two consecutive failures to meet body fat standards within this contract term * failed to maintain medical and dental readiness during the entire period of the service obligation, unless failure was due to reasons outside of his control * lost his MOS qualification due to denial/removal of required security clearance * failed to become DMOSQ within 24 months of this contract start date * he was moved involuntarily and failed to become DMOSQ in the new MOS within 24 months from the date of transfer * transferred out of his current REB MOS into a non-DMOSQ MOS * he acknowledged his understanding of termination with or without recoupment of the bonus 6. Colorado ARNG Element, Joint Force Headquarters (-) (Detachment 1), Orders 057-001, dated 24 February 2014, awarded him primary MOS 91B (Wheeled Vehicle Mechanic) and secondary MOS 92A (Automated Logistical Specialist) effective 20 February 2014. 7. On 11 November 2014, the applicant was flagged for failing the Army Physical Fitness Test. 8. His records contain a DA Form 4187 (Personnel Action), dated 4 November 2016, from the 117th Space Battalion reassigning him from his current duty position of wheeled vehicle mechanic, paragraph 107, line 04, with excess code 9994 to the new duty position of wheeled vehicle mechanic, paragraph 107, line 04, with excess code YYYY effective 4 November 2016 for UMR management. His rank/grade is shown as staff sergeant/E-6 and his primary and duty MOS are shown as 91B3O. 9. His records contain a DA Form 4187, dated 26 January 2017, from the 117th Space Battalion reassigning him from his current duty position of wheeled vehicle mechanic, paragraph 107, line 04, with excess code YYYY to the new duty position of senior mechanic, paragraph 107, line 03, with excess code YYYY effective 16 January 2016 (should read 2017) for UMR management. His rank/grade is shown as staff sergeant/ E-6 and his primary and duty MOS are shown as 91B3O. The reason for the position change states he is over-grade in his current position and needs to be moved into the new position. 10. The complete facts and circumstances surrounding termination of his bonus is not available. The bonus amount paid to the applicant is unknown. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. The records show that on 9 March 2013, he reenlisted for a reenlistment bonus (REB) for DMOSQ 92A for 6 years. On his reenlistment REB contract, he signed that he understood that if he was transferred out of his current REB DMOSQ 92A into a non-DMOSQ MOS, that the REB would be terminated. The applicant was transferred to a 91B MOS. There is no evidence that 91B MOS was authorized for a REB. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170006766 5 1