BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20170011189 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 BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20170011189 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was authorized a Selected Reserve (SELRES) Special Pay Retention Bonus (RB). 2. The applicant states there was a delay in the processing of his request for extension of his Mandatory Removal Date (MRD) and the date that he signed his RB contract. He states that an inversion of the dates invalidated the contract and repeated attempts to correct the problem (by re-signing the contract) resulted in the lapse of too much time for the error to be corrected and timely authorize the RB incentive. He states that the lack of personnel support to correct the errors and efficiently process the contract was not his fault. 3. The applicant provides copies of – * Defense Finance and Accounting Service (DFAS) payment record * one USAREC Form 601-37.33 (SELRES Special Pay Program Contract) * two USAREC Forms 1166 (SELRES Special Pay Program Contracts) * two Addendums to USAREC Form 1166 for Retention Special Pay * SELRES Special Pay RB Program Agreement * two Hawaii Army National Guard (ARNG) memoranda * National Guard Bureau (NGB) memorandum ? CONSIDERATION OF EVIDENCE: 1. The applicant was appointed as a Reserve commissioned officer in the Army National Guard (ARNG) of the United States (ARNGUS) and the Hawaii ARNG (HIARNG), in the rank of captain/pay grade O-3, on 7 April 2003. He was awarded primary specialty 63A (General Dentist). He is currently serving in an active status in the ARNGUS/HIARNG in the rank of colonel/pay grade O-6. 2. In support of his request the applicant provides the following documents: a. DFAS payment record that shows, in pertinent part, the applicant received officer incentive fiscal year (FY) payments, as follows: FY03, $10,000; FY04, $10,000; FY05, $10,000; FY09, $25,000; FY10, $18,000; FY11, $25,000; FY12, $25,000; FY13, $25,000; and FY14, $25,000. b. One USAREC Form 601-37.33, dated 11 September 2016; two USAREC Forms 1166, dated 29 September 2016 and 1 December 2016; Addendums to USAREC Form 1166 for Retention Special Pay, both dated 29 September 2016; and a SELRES Special Pay RB Program Agreement, dated 30 November 2016. The documents show the applicant applied for participation in the Special Pay Program for his specialty (63A, General Dentist) for an annual amount of $25,000 and that he agreed he would incur an Army SELRES obligation of 2 years in the ARNG (with a start date of 29 September 2016 and end date of 28 September 2018). The applicant and the Commander, Recruiting and Retention Battalion, HIARNG, both signed the documents (except for one of the Addendums to USAREC Form 1166 for Retention Special Pay, dated 29 September 2016). c. NGB, Arlington, VA, memorandum, dated 30 November 2016, subject: Retention Beyond MRD (pertaining to the applicant), that shows the Deputy Chief, Personnel Policy Division, notified The Adjutant General, State of Hawaii, that the request to retain the applicant (beyond the previously approved adjusted MRD of 30 November 2016) was authorized through 30 November 2018 on the Reserve Active Status List due to his appointment as an Army Medical Department (AMEDD) officer in the ARNG. It also shows the applicant must remain otherwise qualified during the retention period, unless sooner terminated for cause, and that the NGB will consider further retention requests six months prior to the end of the authorized period. ? d. Two Recruiting and Retention Battalion (RRB), HIARNG, Honolulu, HI, memoranda, subject: AMEDD Incentive Program Issues and AMEDD Incentive Timeline (pertaining to the applicant), authored by Lieutenant Colonel Pamela L. E___, Commander. (1) On 16 June 2016 (sic), the commander confirmed that during the movement of personnel out of the Officer Recruiting Section, RRB, in FY15, the knowledge of proper processing of AMEDD incentives was not transitioned correctly and incentives were not being properly processed. This continued during FY16 when changes to procedures occurred, automated systems were not available to verify an officer's eligibility, and manual procedures had to be relied upon. Problems continued (in FY17) with Control Numbers in the Guard Information Management System. The commander took responsibility for the delay in processing AMEDD officer incentives during the stated period and confirmed the eligibility of the officers processed for the incentives. She requested favorable consideration of the applicant's request to correct errors related to his AMEDD officer incentives. (2) On 11 July 2016 (sic) (memorandum digitally signed on 11 July 2017), the commander confirmed the applicant received the following incentives: FY03-FY05, $10,000; FY09, $25,000; FY10, $18,000; and FY11-FY14, $25,000 and that he did not receive incentive payments in FY14-FY15. She added that during FY16-FY17, attempts to initiate a valid contract occurred on 11 September 2016, 29 September, and 30 November 2016. She requested reconsideration of the applicant's request to correct errors related to his AMEDD officer incentives. 3. In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, NGB, Arlington, VA, dated 26 December 2017. a. The advisory official recommends administrative relief for retroactive payment of an RB to the applicant for FY16 and FY17. b. The advisory official provided a synopsis of the two RRC, HIARNG, memoranda (previously summarized). He noted that adjustment of the applicant's MRD was initially denied; however, on 30 November 2016, the NGB approved extension of his MRD from 30 November 2016 to 30 November 2018. c. The ARNG Incentive Branch reported that, based on the applicant's 2012 contract, the completion date is 12 February 2015, making the earliest eligibility start date 13 February 2015. The applicant was fully eligible for the SELRES Special Pay RB Program; however, due to no fault of the applicant, his MRD approval was delayed, which subsequently delayed the processing of his RB incentive. d. The advisory opinion was coordinated with the NGB Officer Policy Branch and the HIARNG. 4. On 3 January 2018, the applicant was provided a copy of the advisory opinion in order to allow him the opportunity (15 days) to submit comments or a rebuttal. There is no evidence of a response from the applicant. 5. On 24 March 2018, the Defense Finance and Accounting Service (DFAS) confirmed that the applicant had not received an RB during the period of service under review. REFERENCES: Department of Defense, Financial Management Regulation 7000.14-R, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay) governs active duty and reserve military pay. a. Chapter 56 (Ready Reserve Accession, Affiliation, Enlistment, and Retention Bonuses) establishes policy guidance pertaining to the accession, affiliation, enlistment, and retention bonuses for members of the Ready Reserve. It shows a bonus may only be paid to a person who meets and satisfies each of the specified eligibility requirements. b. Chapter 2 (Repayment of Unpaid Portion of Bonuses and Other Benefits), paragraph 020204 (Conditions under Review by the Secretary of the Military Department), provides that under circumstances not specifically mentioned in this chapter, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on the following – * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States DISCUSSION: 1. The applicant contends, in effect, that his records should be corrected to show retroactive payment of a SELRES Special Pay RB for FY16 and FY17. 2. Records show the applicant was serving in an active status and he was certified as a General Dentist during the period of service under review. 3, On 30 November 2016, the Deputy Chief, Personnel Policy Division, NGB, approved the applicant's retention (beyond the previously approved adjusted MRD of 30 November 2016) through 30 November 2018. At that time, the applicant became eligible to fulfill a 2-year military service obligation associated with the requested RB incentive that is under review. 4 DFAS confirmed that the applicant did not receive an RB during the period of service under review. 5. For reasons that are not entirely clear, but appear to be due to problems in human resource administrative support processes and procedures, the applicant was not authorized or paid an RB incentive from 13 February 2015 (i.e., the earliest eligibility start date of eligibility) through FY17 (i.e., 30 September 2017). 6. The NGB cannot authorize payment of the RB effective 13 February 2015 through 30 September 2017 because it would exceed NGB's authority. BOARD DATE: 5 April 2018 DOCKET NUMBER: AR20170011189 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 by showing the applicant is entitled to a Selected Reserve Special Pay Retention Bonus effective 13 February 2015 through 30 September 2017 at the appropriate pay rate and paying him pay he is due as a result of this correction. 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) AR20170011236 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170011189 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2