ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20170007221 APPLICANT REQUESTS: reversal of the National Guard Bureau’s (NGB) Exception to Policy (ETP) denial to retain a $10,000.00 Reenlistment Bonus (REB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders 307-015 dated 3 November 2014 * Army National Guard (ARNG) Assignment History * Email addressing the estimated time of bonus payment 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 that he reenlisted in 2014 for 6 years and was promised a $10,000 bonus in his contract. He has not received the $10,000. He believes that the District of Columbia ARNG messed up his transfer orders and failed to continue his bonus schedule. 3. The applicant provides a copy of orders 307-015, dated 3 November 2014, that transfers the applicant from 121 Military Police Detachment to Operations Noncommissioned Officer Area Mobilization Command. A copy of his assignment history shows that the applicant extended his enlistment and signed a bonus for Military Occupational Specialty (MOS) 91B (Armament Repairer). It further states the applicant moved from a TDA (Table Distribution and Allowances) unit which is not bonus eligible (Soldier must be in a MTOE (Modified Table of Organization and Equipment) for the duration of the contract. He moved to a 00F (MOS immaterial) position which is not bonus eligible (Soldiers must be serving in the bonus MOS unless [changed MOS due to reorganization, Mobilization or Command Directed.] 00F is not an MOS. Since he was previously sitting in 31D (Army Criminal Investigation Special Agent) slot, it is going to be hard to prove he was moved to 00F because there were no 31D slots (unless there was another reorganization to the Area Mobilization Command). The applicant moved to a 31B (Army Military Police) position, which was not his contracted bonus MOS. An email dated 9 February 2017, states that the applicant’s unit attempted to obtain a status on his bonus Exception To Policy (ETP). 4. A review of the applicant’s service record shows the following: a. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he enlisted in the Air Force from 10 September 2002 and was discharged on 8 September 2007. b. He enlisted in the Oklahoma ARNG on 30 September 2009. c. DD Form 4-Annex A (Enlistment/Reenlistment Agreement-ARNG), dated 30 September 2009, shows that the applicant was enlisting as a prior service member and that he would undergo training for MOS 94D (Air Traffic Control Equipment Repairer). d. DD form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 30 March 2012, shows that the applicant extended his enlistment from 29 September 2012 to 29 September 2013. e. Orders 157-007, dated 5 June 2012, order the applicant to active duty for the period of 15 June 2012 to 30 September 2012. f. DD Form 214 shows that he entered active duty on 15 June 2012 and was discharged on 30 September 2012. g. DD Form 4836, dated 12 September 2012, shows that the applicant extended his enlistment from 29 September 2013 to 29 December 2013. h. After an exhaustive search no enlistment documents for the ARNG in the year 2014 could be found in the applicant’s service record. i. No evidence of NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment) was found in the applicants service record indicating that the applicant was to receive a bonus in the amount of $10,000. j. Orders 307-015, dated 3 November 2014, transfers the applicant from 121 Military Police Detachment to Operations Noncommissioned Officer Area Mobilization Command effective 1 October 2014. Assignment loss reasons state other reasons approved by the Chief, NGB for MOS 42A50 (Human Resource Specialist). The position number excess code states excess due to [reorganization.] k. NGB letter, dated 11 May 2017, states that the request for (ETP) for the applicants reenlistment/Extension bonus is disapproved. It further states that the applicant voluntarily transferred out of the contracted MOS which violates the Department of Defense instruction 1205.21. The discrepancy identified violates a Department of Defense Instruction and the ARNG does not have the authority to approve this request. [The applicant transferred into an OOF MOS position and there are no orders supporting this transfer.] The State Incentive Manager will terminate the incentive with recoupment effective date of transfer to OOF position. Contract details: * state enlistment/accessed: DC; Unit Identification (UIC): TXLAA * date of agreement/enlistment: 4 October 2014 * contracted bonus addendum/agreement amount: $10,000 * contracted AOC/MOC: 91B Current AOC/MOS: 31B l. NGB letter, dated 15 May 2017, shows that the applicant was notified of his ETP results on 15 May 2017. 5. DODI 1205.21 (Reserve Component Incentive Programs Procedures), in effect at the time, requires each written REB (Re-enlistment Bonus Agreement) agreement will be authenticated with the service representative’s signature, the service member’s signature and the witnessing officer’s typed name, grade and signature. 6. ARNG SRIP (Selective Reserve Incentive Program) Policy Number 014-01, dated 2 June 2014, in effect at the time states the addendum is not valid if it was signed before or after the execution date of the DD Form 4 or DA Form 4836 and was not signed and dated by the Soldier, service representative, and the witnessing officer at the time the document was executed. 7. NGR (National Guard Regulation) 600-7 (Selected Reserve Incentive Programs) paragraph 1-18(3)(c) states that the status of incentives on unit transition that has been paid or is pending is predicated on the following: (1) A Soldier may continue to receive full incentive payment, if otherwise eligible, when the Soldier is transferred or reassigned to— (a) Another SELRES (Select Reserves) unit of the ARNG. Assignment will be in a bonus MOS/AOC (Area of Concentration) or to a bonus designated unit, where possible. (b) Another unit of the ARNG outside of commuting distance. Assignment in a bonus MOS/AOC or to a bonus-designated unit is preferred, but not necessary. This is provided there are no assignments available in the Soldier’s bonus MOS/AOC or type of unit within commuting distance. (2) Transfer between RCs of the Army should be the priority and used instead of reassignment to the Individual Ready Reserve (IRR) or Inactive Army National Guard (ING). (a) As specified in subparagraph (2) above, every effort should be made to retain Soldiers who have been contracted for an incentive in the SELRES. Assignment to other units within the same Component should have priority. As a second priority, commanders must consider transfers between RCs of the Army instead of reassignment or transfer to the IRR (Individual Ready Reserve) or ING (Inactive National Guard). (b) The term transfer as used in this paragraph refers to the personnel actions necessary to affect the change in strength accountability between the ARNG and the USAR. Enlisted Soldiers require discharge and enlistment actions, while officers require appointment and Federal recognition actions. (c) When an ARNG unit is in transition and the Soldier cannot be reassigned or used in another unit of the same component. The ARNG Soldier will be offered an opportunity to transfer to an USAR TPU if otherwise eligible and approved by the gaining USAR commander prior to discharge from the ARNG and transfer to the IRR or ING. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was not warranted. The applicant’s contentions and the NGB’s denial memorandum were carefully considered. The contract showing the incentive agreement was not available for the Board to review. Based upon the preponderance of the evidence, the Board agreed the NGB’s decision to terminate the incentive was just as a result of his voluntary request for transfer, which violated the terms of the incentive. Therefore, the Board concluded there was insufficient evidence of an error or injustice which would warrant changing the applicant’s military service 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. DODI 1205.21 (Reserve Component Incentive Programs Procedures), in effect at the time, requires each written agreement will be authenticated with the service representative’s signature, the service member’s signature and the witnessing officer’s typed name, grade and signature. 3. ARNG SRIP (Selective Reserve Incentive Program) Policy Number 014-01, dated 2 June 2014, in effect at the time states the addendum is not valid if it was signed before or after the execution date of the DD Form 4 or DA Form 4836 and was not signed and dated by the Soldier, service representative, and the witnessing officer at the time the document was executed. 4. . NGR (National Guard Regulation) 600-7 (Selected Reserve Incentive Programs) paragraph 1-18(3)(c) states that the status of incentives on unit transition that has been paid or is pending is predicated on the following: (1) A Soldier may continue to receive full incentive payment, if otherwise eligible, when the Soldier is transferred or reassigned to— (a) Another SELRES unit of the ARNG. Assignment will be in a bonus MOS/AOC or to a bonus designated unit, where possible. (b) Another unit of the ARNG outside of commuting distance. Assignment in a bonus MOS/AOC or to a bonus-designated unit is preferred, but not necessary. This is provided there are no assignments available in the Soldier’s bonus MOS/AOC or type of unit within commuting distance. (2) Transfer between RCs of the Army should be the priority and used instead of reassignment to the Individual Ready Reserve (IRR) or Inactive Army National Guard (ING). (a) As specified in subparagraph (2) above, every effort should be made to retain Soldiers who have been contracted for an incentive in the SELRES. Assignment to other units within the same Component should have priority. As a second priority, commanders must consider transfers between RCs of the Army instead of reassignment or transfer to the IRR or ING. (b) The term transfer as used in this paragraph refers to the personnel actions necessary to affect the change in strength accountability between the ARNG and the USAR. Enlisted Soldiers require discharge and enlistment actions, while officers require appointment and Federal recognition actions. (c) When an ARNG unit is in transition and the Soldier cannot be reassigned or used in another unit of the same component. The ARNG Soldier will be offered an opportunity to transfer to an USAR TPU if otherwise eligible and approved by the gaining USAR commander prior to discharge from the ARNG and transfer to the IRR or ING. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007221 4 1