ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  23 August 2019

	DOCKET NUMBER:  AR20170011199


APPLICANT REQUESTS:  a change to the date of her special pay contract to coincide with the date of her appointment to the Arkansas Army National Guard (ARARNG), which is “13 July 2014”

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* (online) DD Form 149 (Application for Correction of Military Record)
* National Guard Bureau memorandum, dated 6 June 2012, with enclosure
* DA Form 71 (Oath of Office)
* USAREC Form 1166 (signature page)
* Appointment Orders 265-812
* Electronic mail correspondence

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, in effect:

   a. The special pay contract was overlooked by the recruiters and was not completed until 8 March 2015, which means she did not get the accession bonus for the months of August 2014 to March 2015, resulting in a loss of roughly $14,500 in entitled bonus pay.  
   
   b. During her 14-month recruiting process, she worked with five different recruiting personnel, all of whom have left.  The continuity of her package was likely compromised; therefore, several documents had to be regenerated.  In addition to the confusion, she was told by two recruiters that she would receive the special pay bonus at the end of her first year of service.  This was coincidentally around the time she received her first bonus payment, so she did not question anything at the time.  Her subsequent payments have been timely based on her understanding from the recruiters. 

   c. Being that her first special pay contract was dated 8 March 2015, another contract cannot be signed until March 2018.  It was her understanding that the special pay contract was initiated at the beginning of her time in the National Guard, hence the Accession bonus.  
   
   d. She repeatedly asked for copies of the documents she was signing; however, she was never provided anything other than her DA Form 71.  Due to the frequent turnover in AMEDD recruiters, the major who served as the service representative was not knowledgeable of the required components of the packet and was learning as he went.  
   
   e. The two recruiters who completed and submitted her packet were new and inexperienced as well.  There was no way for her to know all the rules and regulations that govern the contracts.  She had to rely on the two inexperienced recruiters to complete the necessary paperwork.  

3.  The applicant provides:

   a. National Guard Bureau memorandum, dated 6 June 2012, outlines changes made to MEDSOM #12, Fiscal Year 2012-2013 Army National Guard Army Medical Department (AMEDD) Officer Incentives Policy (MEDSOM 12-002).  Special emphasis (via highlight) on paragraph 12b of the enclosure, which covers the process of signing special pay contracts and the initiation of installment payments following the execution of the oath of office.

   b. DA Form 71 reflects the applicant took the oath of office on 13 July 2014.
   
   c. USAREC Form 1166 (signature page), reflects the applicant and the service representative signed the contract on 8 March 2015.
   
   d. Appointment Orders 265-812, dated 19 May 2015, reflects the applicant was appointed as a Reserve Commissioned Officer, with an effective (acceptance) date of 13 July 2014.
   
   e. Electronic mail correspondence, dated between 25 March 2014 and 10 June 2015, reflects the applicant was actively communicating with the ARNG career counselors regarding possible signing bonuses for psychologists.

4.  A review of the applicant’s service record shows she took the Oath of Office on      13 July 2014 as a Captain (CPT)/O-3, Medical Service Corps, after transferring from the Air Force Inactive Ready Reserve (IRR). 

5.  National Guard Bureau advisory opinion, dated 31 May 2019, states: 

   a. “Based on the evidence and the information above, it is the recommendation of this office that the applicant’s Special Pay contract be adjusted to reflect a contract start date of 13 July 2014.  The Soldier met eligibility to qualify for this incentive upon her appointment in the ARARNG.  The delay in processing was due to no fault of her own, as the frequent turnover of AMEDD recruiting personnel and lack of knowledge regarding incentive processing contributed to the Soldier's inability to sign for the incentive until 8 March 2015. Furthermore, because the Soldier must serve a year prior to receiving the annual payment of the bonus, the delay shifted her date of payment from 13 July 2015 to 8 March 2016; also preventing her from signing for a new Special Pay contract until 8 March 2018.  Therefore, this office recommends the applicant’s contract start date for the three-year Special Pay Bonus ($25,000 per year) be adjusted to 13 July 2014 and that she received the necessary payment as a result of this adjustment.  Furthermore, because the delay in processing the 2014 contract contributed to the deferral of her second Special Pay contract, the contract start date for the two-year Special Pay Bonus ($20,000 per year) should be adjusted to 13 July 2017, making the completion date for this contract 12 July 2019.
   
   b. It should also be noted that upon completion of the two-year Special Pay contract the applicant may be eligible to complete a new incentive contract, effective 13 July 2019.  It is the recommendation of this office that the Soldier be afforded the opportunity to sign for a subsequent bonus (if eligible) and based on the adjustment of the preceding contracts, be granted an exception to policy (ETP) for a retroactive contract start date of 13 July 2019 (if necessary, contingent on the date the board renders a decision).”

6.  Army Regulation 135-7 (Army National Guard and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard (ARNGUS) and the United States Army Reserve (USAR) incentive programs.  These programs include the Selected Reserve Incentive Program (SRIP), which offers Specialized Training Assistance Program for Medical Corps and Army Nurse Corps Officers (STRAP).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted.  The applicant’s contentions and the advisory opinion were carefully considered.  The advisory official noted there was a delay in the processing of her incentive, which also created a subsequent concern with a later eligibility date.  The Board agreed there is sufficient evidence to grant full relief.


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 by adjusting the effective date of her specialty pay contract to begin 13 July 2014, with the back pay of pay and entitlements, and adjusting her second special pay contract effective 13 July 2017.  In addition, the applicant should be allowed to contract again effective 13 July 2019 if she desires.
	 
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.  Army Regulation 135-7 prescribes policies and procedures for the administration of the Army National Guard (ARNGUS) and the United States Army Reserve (USAR) incentive programs.  These programs include the Selected Reserve Incentive Program (SRIP), which offers Specialized Training Assistance Program for Medical Corps and Army Nurse Corps Officers (STRAP).

   a. Paragraph 1–4 states the Secretary of the Army (SA) has authorized the use of the incentives described in this regulation.  These incentives serve as an extraordinary measure to assist the ARNGUS and USAR in meeting and sustaining manpower requirements.  Incentives also contribute to quality and skill–match objectives, and help to stabilize the ARNGUS and USAR through longer service commitment.  Incentives will be used to support early deploying units, critical shortage skills, and shortages in the IRR.  
   
   b. Paragraph 1–11 states Officer, warrant officer, and enlisted applicants for programs administered by this regulation will be required to sign documents which specify the eligibility criteria and the term of service for the desired entitlement or incentive.  Furthermore, the document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions which can cause termination and recoupment, if applicable.  These documents must be authenticated by a proper witnessing official and will include the preparation date.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170011199


4


1