IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20170012958 APPLICANT REQUESTS: entitlement to Prior Service Enlistment Bonus (PSEB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment Document) * NGB Form 600-7-6-R-E (Annex X to DD Form 4 Prior Service Enlistment Bonus Addendum) * MFR – Notification of Incentive Discrepancy and ETP Process dated 4 April 2012 * MFR – Notification of Incentive Discrepancy and ETP Process dated 2 October 2015 * Memorandum for Record (MFR) – Request the New Mexico Army National Guard (NMARNG) Education Office to Execute the Exception to Policy (ETP) * MFR – Supporting Documentation for Incentives ETP FACTS: 1. The applicant states that she reenlisted in the NMARNG on 19 May 2009 after a one year separation. At that time, her Recruiter informed her that she was entitled to a $7500.00 enlistment bonus for her 3 year service commitment. She received the first half of this bonus, however she never received the remaining portion. After years of debate concerning her eligibility for this entitlement, the Army is now recouping the previous payment. She continues to serve and has fulfilled her enlistment obligation. She feels that the disapproval of her bonus entitlement was unjust. She further contests that she is not a subject matter expert regarding enlistment incentives and bonuses nor had access to the information pertaining to critical military occupational specialties (MOS) or critical unit requirements, so she relied upon her recruiter entirely. The errors noted within her contract (missing Bonus Control Number (BCN), position of assignment, MOS and unit) were beyond her control. She is therefore disappointed with how this was handled by the ARNG. 2. A review of the applicant’s available service records reflects the following on: a. 31 March 1995 – she enlisted in the ARNG b. 30 March 2008 – she was discharged from the ARNG c. 19 May 2009 – she reenlisted in the ARNG for 3 years; entitlement to a $7500 PSEB based on Critical Unit/Skill – document is void of a BCN, on each page, however it is noted on the final page d. 12 February 2012 – she extended for 3 years in the ARNG e. 7 February 2015 – she extended for an additional 3 years in the ARNG f. 14 February 2017 – the ARNG Bureau (ARNGB) disapproved her request for an ETP for Prior Service Enlistment Bonus (PSEB) for the following reasons: * critical skill and MOS could not be validate as an authorized critical skill in violation of ARNG SRIP 07-06 * critical unit option could not be validated as an authorized critical unit in violation of ARNG SRIP 07-06 * applicant transferred to an unauthorized position during the contract term in violation of ARNG SRIP 07-06 * the State Incentive Manager was directed to terminate the incentive with recoupment effective on the contract date g. 7 April 2017 – a Quality Retention Board (QRB) elected to retain her for 1 year h. 14 March 2018 - a QRB elected to retain her for 1 additional year i. 18 October 2018 (Order# 291-010) – she was discharged from the ARNG and placed in the Retired Reserve effective 2 October 2018 3. The applicant provides the following a: a. DD Form 4 (Enlistment Document) dated 19 May 2009 – reflective of her enlistment in the ARNG for 3 years b. NGB Form 600-7-6-R-E (Annex X to DD Form 4 Prior Service Enlistment Bonus Addendum) dated 19 May 2009 – reflective of her entitlement to a $7500 PSEB based on Critical Unit/Skill – document is void of a BCN, on each page (upper right corner); however, it is noted on the final page (lower right corner) c. MFR – Notification of Incentive Discrepancy and ETP Process dated 4 April 2012 – reflective of the discrepancies discovered within her bonus incentive contract (MOS and Unit not listed as critical at the time of enlistment) d. MFR – Notification of Incentive Discrepancy and ETP Process dated 2 October 2015 – reflective of the same previously mentioned discrepancies; the omission of the BCN at the top of each page and the Service Representatives failure to annotate the date e. Memorandum for Record (MFR) – Request the New Mexico Army National Guard (NMARNG) Education office to Execute the Exception to Policy (ETP) dated 17 October 2015 – reflective of her request for a reexamination of her reenlistment contract bonus and her contention with the omissions made by the Recruiter and other administrative personnel, her MOS being non-critical, or unit of assignment being non-critical and her assignment as the primary slot holder (position) at the time of submission f. MFR – Supporting Documentation for Incentives ETP dated 21 October 2016 – reflective of the NMARNG request to approve the ETP allowing the applicant to retain the $7500 bonus 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, here record of service, the documentation associated with her 2009 reenlistment, the absence of information specific to unit and MOS criteria, the issuance of an initial payment, the denial of a second payment, notifications of discrepancy, the directive to terminate her bonus with recoupment effective the date of her reenlistment and the MFR – Supporting documentation for an incentives ETP and the ARNG disapproval of an ETP request. The Board found that applicant enlisted with a PSEB in good faith and fulfilled her required obligated service. Based on a preponderance of evidence, the Board determined that the denial of the applicant’s entitlement to the incentive and termination with recoupment was unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 show: - The contract entitling the applicant to a PSEB was completed and signed on 19 May 2009; - The contract was submitted, accepted and processed by the appropriate authority, and; - The applicant remained eligible for the entirety of the bonus and was paid the total amount of the incentive for completion of the required obligated service. 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. Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program) states that Army G–1 has operational control of bonus control numbers (BCNs) and Retention Training Division (RTD) has administrative control of the BCNs. Proper component directives will govern reporting requirements for subordinate elements of the ARNG and the Army Reserve. Soldiers participating in or terminated from an incentive program governed by this regulation will be reported. a. The Selected Reserve Incentives Program – Prior Service Enlistment Bonus is a cash bonus that is offered to eligible applicants enlisting in the SELRES who 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. b. This incentive offers a cash bonus to eligible applicants with prior military service who enlist in the SELRES and contract to serve in a designated bonus skill announced by HQDA, or as a drill sergeant, instructor, or linguist. c. Entitlement to the initial payment of a prior service enlistment bonus is effective on the date of enlistment. 2. Department of Defense Instruction 1205.21 states that if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. 3. NGR 600-7 (Selected Reserve Incentive Programs) states that The Secretary of the Army and the Chief, National Guard Bureau (CANGB), have authorized the use of the incentives described in this regulation. Incentives will be used to support high priority early deploying units and to fill critical skill shortages. Unit selection for incentive coverage will be based on the Department of the Army Master Priority listing (DAMPL). Enlistment bonus/SLRP participants will retain eligibility provided they enlist in a unit and MOS identified by CARNGB as bonus or SLRP eligible depending upon the program in which they are enrolled and remain in the MOS in which they obtained bonus/SLRP eligibility. They must be the primary holder of the position i.e. they cannot be excess or over-strength. 4. ARNG FY19 SRIP Policy (current) clarifies the following two items as it pertains to Termination a. Termination without Recoupment: Termination without recoupment means the Soldier is entitled to all payments due to the Soldier prior to termination date. As of the termination date, there will be no additional payments made to the Soldier and there will be no recoupment of funds already paid to the Soldier IAW the contract. b. Termination with Recoupment: Termination with recoupment means the Soldier is entitled to a prorated incentive amount based on the number of months the Soldier served prior to the incentive termination date. The Soldier may be required to pay funds back to the government or the Soldier may be entitled to a payment. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170012958 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1