ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 February 2020 DOCKET NUMBER: AR20170009339 APPLICANT REQUESTS: * exception to policy (ETP) to keep the Enlistment Affiliation Bonus (EAB) * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * memorandum from US Army Reserve (USAR) Command reference ETP * Enlistment/Reenlistment Document * Bonus Addendum * Service School Academic Evaluation Report * Army Basic Instructor Course Certificate * Bonus Eligibility Criteria * Sworn Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) FACTS: 1. The applicant, in his two applications, states: * his request for ETP for his affiliation bonus with the USAR for a 3 year term with a $10,000 was rejected * the USAR Career Counselor processed his bonus paperwork incorrectly * this was no fault of his and he should not be held accountable for the mistake 2. The applicant provides the following documents for the Board's consideration: a. a memorandum from Headquarters, USAR Command, dated 31 March 2017, which states: * the request for ETP is disapproved * the applicant joined the USAR on 8 August 2014 for a 3 year term with a $10,000 EAB for special qualification identifier 8 instructor * the USAR Pay Center rejected payment of the EAB because the written agreement submitted was signed on 1 November 2014 after the applicant was in the USAR * Army policy requires the written agreement be completed by all parties on the same date and on or before the effective date of assignment to the USAR * payment of the EAB is not authorized b. DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) which shows the applicant joined the USAR on 1 November 2014 for a period of 1 year. c. written agreement USAR Enlisted Affiliation Bonus Acknowledgement which shows: * he was eligible to reenlist or extend on active duty service at the time he was released * he was being assigned to a unit vacancy in the military occupational specialty (MOS) of 00G * he was eligible for an Enlisted Affiliation Bonus by affiliating from the Individual Ready Reserve for 3 years for the amount of $10,000 * the form was signed on 8 August 2014 d. a certificate and acknowledgement of USAR service requirements detailing the requirements to remain a member of the USAR, dated 1 November 2014 e. DA Form 1059 (Service School Academic Evaluation Report) showing he completed his Army Basic Instructor Course on 20 April 2015. f. a certificate of training showing he completed the Army Basic Instructor Course g. a memorandum from the Office of the Chief Army Reserve, dated 2 July 2014 which lists the eligibility requirement for the EAB and states to be eligible for the EAB: * the Soldier must be in a bonus eligible primary/mobilization vacancy determined by USAR G1 Manning Priorities * Soldiers must have less than 20 years total military service and have been discharged or released from active duty under honorable conditions * bonuses are restricted by critical skill as determined by the Selective Reserve Incentive Program * Soldiers must be duty MOS qualified to include additional skill identifiers (ASI) and special qualification identifiers (SQI) * Soldiers transferring from the individual ready reserve may complete their bonus agreements before or on the date of their service agreement but not after * Soldiers who are affiliating for a OOG duty position without the required ASI or SQI are considered MOS qualified and bonus eligible h. a DA Form 2823 (Sworn Statement), by a USAR Career Counselor, dated 12 April 2017 which states: * he had met with the applicant on several occasions to assist him and provide guidance regarding his EAB * he qualified for the EAB for transferring from the Individual Ready Reserve to the USAR * the applicant reenlisted for a one year to satisfy the service requirement for the bonus * he attended the course to receive the instructor identifier and completed the requirements within the 24 month time frame * it is the Army Career Counselor's responsibility as the subject matter expert to construct all documents for transferring Soldiers to use the most current version of the Selected Reserve Incentive Programs policy guidance on the dating of the form * the applicant would not have known the details or the procedure * by the time the paperwork was constructed to submit for the bonus, the 24 month time allotment had expired which was why the requested ETP was submitted * it was then the date issue with the bonus addendum was brought to attention * it was the author's finding the Army Career Counselor improperly dated the affiliation bonus addendum * there is nowhere on the affiliation bonus addendum that provides guidance on the dating of the form * the applicant has been extremely patient trying to utilize the proper channels through his chain of command * the author feels very strongly the applicant has done everything in the service and respectfully requests this matter be given more consideration in his favor * the author is happy to assist with reconstruction of the bonus addendum if directed to do so i. a DD Form 214 showing the applicant was discharged from the Regular Army on 14 June 2012 after serving 3 years, 5 months, and 2 days. 3. See below for applicable references. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, his entry into the USAR, the dates on the contract and EAB incentive documents, the terms of his contract and his completion of the Army Basic Instructor Course. The Board considered the statement from the Career Counselor and the denial by the USAR pay center and the disapproval of an ETP. The Board found that the applicant was eligible for, but denied the incentive due to administrative processing error through no fault of the applicant. Based on a preponderance of evidence, the Board determined that denial of the incentive was unjust and a correction was required. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 reflect: - the applicant was eligible for an EAB upon his joining the USAR on 8 August 2014; - that his EAB incentive acknowledgement/addendum was signed the same date shown above, and; - that he is eligible for payment of the EAB as a result of this correction. 10/13/2020 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.