IN THE CASE OF: BOARD DATE: 4 February 2019 DOCKET NUMBER: AR20170009434 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 4 February 2019 DOCKET NUMBER: AR20170009434 APPLICANT'S REQUEST AND STATEMENT: 1. The applicant requests correction of his records to show he was granted an exception to policy (ETP) allowing him to retain his non-prior service enlistment bonus (NPSEB). 2. The applicant states at no fault of his own he was not able to attend the N5 Identifier Course at Sheppard Air Force Base on 18 June 2007. After completing the prerequisite training for military occupational specialty (MOS) 68E (Dental Laboratory Specialist) he was sent back to his home station instead of being sent to the N5 Course due to him not having a reservation for training. Upon reporting to his home unit the non-commissioned officer in charge (NCOIC) and the retention NCO immediately tried to place him in the next available course, but due to the length of the course there were no slots available for two years out and he was placed on the holding list. a. No slots became available during this time and his unit had received deactivation orders requiring all unit members to be transferred out and there was no funding for Schools. His unit began the two year deactivating process and he was eventually transferred to another unit and forced to wait until his receiving unit enrolled him in the first available course. b. He was enrolled and after completion of the N5 course, he was denied payment of his initial bonus due to unknown reasons. He has all of the documentation to prove he attempted to gain a seat in the class. While waiting for the N5 course he was able to complete his Bachelor's degree before he was able to finally become slotted in the N5 course. THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records with supporting document(s): * 3 ETP requests * Personal statement * Letter from unit administrator * DA Form 1059 (Service School Academic Evaluation Report) * Certificate of Completion * Enlistment documents/contract * emails 2. Evidence from the applicant’s service record and Department of the Army and Department of Defense records and systems: * Enlistment contract * Orders * DD Form 214 (Certificate of Release or Discharge from Active Duty) * DA Form 1059 (Service School Academic Evaluation Report) REFERENCES: 1. Department of Defense Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs. It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. 2. Army Regulation 135-178 (Enlisted Administrative Separations), establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the ARNGUS and USAR, and provides:  A defective enlistment or reenlistment agreement exists a result of:  a. Material misrepresentation by recruiting or retention personnel, upon which the Soldier reasonably relied, and the Soldier was induced to enlist or reenlist with a commitment for which the Soldier was not qualified; or b. The Soldier received a written enlistment or reenlistment commitment from recruiting or retention personnel for which the Soldier was qualified, but which cannot be fulfilled by the Army. c. The Soldier is required to bring the defect to the attention of appropriate authorities within 30 days after the defect is discovered or reasonably should have been discovered by the Soldier.  The Soldier may request separation instead of other authorized corrective action.  Service will be characterized as Honorable. DISCUSSION: 1. On 20 December 2006, the applicant executed a 6-year enlistment in the USAR as a member of a troop program unit, in connection with his enlistment agreement he signed a Reserve Annex which shows he was entitled to a NPSEB in the amount of $16,000. He established eligibility for an $11,000 enlistment bonus and $5,000 for agreeing to ship to training during a specified period. He would serve in 68E with additional skill identifier (ASI) N5. He acknowledged: a. He must enter and satisfactorily complete a period of IADT to become qualified in a MOS as soon as training space available. Training spaces are normally available within 180 days following enlistment although additional delay may be necessary for military reasons. b. If for any reason beyond his control he is unable to complete the training during the period for which he was initially ordered to IADT, he agree to remain on IADT for such additional period as is required to complete his training or accept training in an alternate MOS if offered and remain on IADT for completion of such alternate training. 2. He entered active duty on 1 February 2007 and successfully completed training for MOS 68E. He was honorably released from active duty on 18 June 2007. 3. On 11 March 2013, he was ordered to active duty to complete N5 ASI course. He entered active duty on 21 March 2013, and successfully completed the ASI N5 Course. 4. The applicant provides a memorandum from his unit administrator which states in effect, the applicant was unable to complete his N5 ASI training in a timely manner to meet the contractual obligation as indicated in his contract and bonus addendum. He returned from basic training and prerequisite course 24 weeks earlier than his orders stated due to not being scheduled in the N5 course stated in his contract. The unit immediately worked to place him in the next available, but due to the length of the course there were no slots available for two years out. He was then placed on the holding list for the first available slot which did not come in time before the unit was placed on orders for deactivation. Due to the deactivation orders all unit members had to find new homes. The applicant used his time wisely by attending and completing college as he waited for the N5 course. Once the unit was given orders of deactivation they were no longer sending Soldiers to schools and every Soldier was transferred to different units to resume their army career. 5. He provided a memorandum from Headquarters, USAR Command, dated 6 November 2014, showing his requested ETP was denied. The USAR Command stated the ETP request was denied because the applicant was contractually obligated to become MOS qualified within 24 months and he did not become MOS qualified until 10 September 2013. 6. An advisory opinion from the Chief, Manning Division, USAR Command, recommends approval of the applicant request for an ETP and states in pertinent part: a. The applicant wasn’t paid the NPSEB because he failed to complete training within the 24-month timeframe set by his DA Form 5261. Although he completed training on 18 June 2007, he did not complete N5 training until 10 September 2013, which was outside of the 6-year NPSEB service obligation. Payment of the NPSEB is dependent on Soldiers completing all training required to become duty MOS qualified in their position. Based on the circumstances his ETP was denied on to occasions. b. The applicant provided multiple signed statements from his chain of command attesting to the fact the N5 training was unavailable to the Soldier despite multiple attempts get a course reservation. 7. Army Regulation 135-178 states a defective enlistment exists as a result of a Soldier receiving a written commitment from recruiting/retention personnel for which the Soldier was qualified but which cannot be fulfilled by the Army. a. The available evidence shows official personnel failed to reserve the applicant a seat upon his enlistment. His unit attempted to reserve him a seat but were unsuccessful based on lack of available seats. b. Despite the difficulties, the applicant received a reserved seat and completed the N5 training requirement after completion of his 6-year enlistment service obligation and continues to serve in the USAR. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160005706 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170009434 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2