ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 January 2020 DOCKET NUMBER: AR20170013491 APPLICANT REQUESTS: * entitlement to an enlistment bonus APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Forms 149 (Application for Correction of Military Record) * Authorization to Antedate Reenlistment Contract * Enlistment/Reenlistment Document * Request for Exception to Policy * Personnel Action * commander's request for antedated enlistment * self-authored request for antedated enlistment * career counselor request for antedated enlistment * reduced Military Statutory Obligation (MSO) * Enlisted Selective Reserve Incentive Program (SRIP) for Fiscal Year (FY) 2014 * career counselor bonus justification statement * packet checklist * DD Form 214 (Certificate of Release or Discharge from Active Duty) * reservation record * request for reserve component assignment orders * reserve components career counselor interview record * Certificate of Acknowledgement of US Army Reserve (USAR) Service Requirements * memorandum of USAR 24-month Deployment Stabilization * Statement of Understanding the Selected Reserve Montgomery GI Bill * reassignment orders * amendment reassignment order * Enlisted Record Brief (ERB) * Medical Protection System (MEDPROS) printout * memorandum Incoming Transitioning Soldier * Reserve Component Update Information * USAR Lodging in Kind Policy * Enlistment/Reenlistment Document * emails regarding antedated contract * Developmental Counseling Forms * request for processing of antedated reenlistment * adjustment of Expiration Term of Service (ETS) * printout explaining applicant was waiting for a bonus prior to reenlisting FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records (ABCMR) 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: * he believes he is entitled to a bonus * retention said they were able to fix it after they fixed his antedated reenlistment contract * retention said after he signed the documents, it was an easy process to send up an exception to policy (ETP) * his ETS date was messed up from his enlistment into the USAR * he went to the retention noncommissioned officer in charge (NCOIC) for his unit and tried to reenlist in 2014 * he was told he was not in the reenlistment window * in the system, his ETS date was listed further out than his paper contract * his paper contract had the date of October 2014 * his ETS date was messed up from reenlisting from active duty to the USAR in 2013 * he notified the reenlistment NCOIC of his unit and that his paper contract showed him eligible to reenlist * he's been trying to get the issue resolved since he had to do an antedated reenlistment contract to get back into the Army to fix his dates * he had been working with retention, Inspector General's (IG) office, and USAR Command * he was recently notified he would need to apply to the Board to resolve his bonus issue * he's provided all the documents he's had processed for the Board's consideration 3. The applicant's service records are void of an ETP memorandum and a bonus addendum. 4. The applicant provides the following documents for the Board's consideration: a. A memorandum from the 200th Military Police Command, dated 22 March 2016, which states: * authority is granted to antedate the reenlistment of the applicant to 15 October 2014 * the date of 15 October 2014 will be shown in block 5 of the DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the United States) * the statement "This reenlistment antedated with approval of Commander, USAR Command on 22 March 2016" must be placed in the remarks section b. A DD Form 4/1 which shows: * the applicant reenlisted in the USAR on 15 January 2014 for a period of 6 years * the reenlistment was antedated with the approval of the commander, USAR Command on 22 March 2016 * the applicant's ETS would be 14 October 2020 c. A self-authored memorandum subject ETP, dated 7 October 2016, which states, in part: * the applicant enlisted into active duty for 5 years on 15 December 2007 * when it was time for him to reenlist, he chose to enlist into the USAR on 30 June 2013 * he received a 14 month military service obligation (MSO) reduction when he enlisted in the USAR * his ETS date was adjusted to 30 September 2014 * his old ETS date was 14 October 2014, this caused issues because it was the date retention was seeing at the time he was trying to reenlist * the applicant saw the retention NCOIC several times when he was within his reenlistment window * he was told he was not within his reenlistment window * when the new NCOIC of retention arrived, the applicant again went to see him * he was told he was not within his reenlistment window * retention was going off the wrong date which was causing the applicant not to be in his reenlistment window * he signed several counseling statements saying he was trying to reenlist but was waiting on a bonus * there was a $15,000 bonus for 6 year term enlistments * he should have been able to reenlist for the bonus * when he was finally able to reenlist, the bonus was no longer available * the applicant told the retention NCOIC he would reenlist for 2 years and see what he could get from there * the retention NCOIC wrote up the applicant's contract * the retention NCOIC then called the applicant and told him he couldn't reenlist because he was past his ETS * the applicant was told he needed to do an antedated reenlistment packet to be able to reenlist into the USAR * they finally realized his dates had been messed up in the system * the retention NCOIC was leaving the unit so the applicant was again working with a new NCOIC * the new NCOIC told the applicant if his dates were right he would have been eligible for a $15,000 bonus in October 2014 for a 6 year term * the NCOIC said they should be able to back date the bonus so the applicant could get it * after the applicant's antedated reenlistment packet was approved, the retention NCOIC wrote a 6 year term contract for the military occupational specialty (MOS) of 25U * the applicant was told he needed to sign the reenlistment so they could put paperwork up to get the back dated bonus * after the antedated reenlistment and contract was completed, the applicant asked about his bonus * he was told the retention NCOIC could not help him and the applicant should contact the IG * the IG reviewed the applicant's documents and told the applicant he needed to put a packet into his S1 to be uploaded * the applicant believed if his dates were put into the system right when he got his MSO reduction, he would have been able to reenlist at the correct time for a $15,000 bonus * he would have never had to go through an antedated reenlistment packet * he had the SRIP list showing the bonus he would have been eligible to receive at the time * his earliest date of reenlistment should have been 15 October 2013 based on his selective reserve obligation from his MSO being reduced * it was erroneously listed as 14 October 2015 d. A self-authored ETP for bonus justification, which states: * on 30 June 2013 the applicant received a 14 month MSO reduction to transfer to the USAR * this changed his MSO from 14 December 2015 to 14 October 2014 * his ETS was 30 September 2014 and not what was in the system as 14 December 2015 * the applicant was not afforded the opportunity to reenlist on 30 September 2014 for a bonus * the applicant's earliest date of reenlistment should have been 15 October 2013 * it was erroneously listed in the system as 14 December 2015, which put him outside of the window for a bonus * a bonus was offered for first termers who had an ETS prior to 1 October 2014 according to the Selective Reserve Incentive Program (SRIP) guidance for FY 2014 effective 6 June 2014 * had the applicant's ETS been correctly reported he would have qualified for a bonus in the MOS of 25U in the amount of $15,000 * it was the applicant's intent to reenlist * throughout the process the applicant all three USAR career counselors he was trying to reenlist for a bonus and that his dates were wrong * the error was not discovered fully until one of his counselors wrote up his contract and he was not able to reenlist because he was outside of his window * the applicant did not cause the issue * the information was wrong from the reenlistment that brought the applicant from active duty to the USAR e. A DA Form 4187 (Personnel Action), dated 19 December 2015, requesting an antedated reenlistment. f. A memorandum from the applicant's company commander, dated 20 December 2015, requesting an antedated reenlistment. g. A self-authored memorandum, dated 20 December 2015, requesting an antedated reenlistment. h. A memorandum from the USAR Career Counselor, dated 8 November 2015, regarding the antedated reenlistment of the applicant, which states, in part: * the applicant needed to reenlist in order to continue his military service * upon preparing for the reenlistment, it was discovered a MSO reduction was executed when the applicant came off active duty * his ETS date was never updated in the system * the applicant would like to continue his military service in the USAR * the applicant is not at fault regarding the oversight of his MSO reduction * they were requesting approval to be granted an antedated reenlistment i. A document showing the applicant’s non-adjusted MSO was 14 December 2015, his MSO was reduced by 14 months, and his new MSO was 14 October 2014. j. A document entitled Change 1, USAR, FY 14 2nd Half Enlisted SRIP, 1st Term ETS prior to 1 October 2014, effective 6 June 2014, which shows the MOS of 25U was eligible for a $15,000 6 year bonus and $6,000 3 year bonus. k. A memorandum from the USAR Career Counselor, dated 22 July 2016, subject Bonus Justification Statements for the applicant, which states, in part: * on 30 June 2013, the applicant received a 14 month MSO reduction to transfer to a USAR unit * this established his adjusted MSO to 14 October 2014 and his ETS to 30 September 2014 * his ETS was erroneously listed as 14 December 2015 * the applicant was not afforded the opportunity to reenlist on 30 September 2014 for a bonus offered to first termers only * the applicant's earliest date of reenlistment should have been 15 October 2013 based on his MSO reduction * the error in the system put him outside the eligibility window for a bonus * career counselors talked to the applicant several times from 4 December 2013 through 8 June 2015 discussing his desire to reenlist if a bonus was available * SRIP Change 1, FY 14, 2nd Half effective 6 June 2014 offered a bonus for first termers who had an ETS prior to 1 October 2014 * had the applicant's ETS been correctly reported in the system he would have qualified for the 25U $15,000 or $6,000 bonus at the time with an ETS of 30 September 2014 * it was the applicant's intent to reenlist based on all contact history during that time frame l. A packet checklist for USAR transfer which shows his MSO would be reduced. m. A DD Form 214 showing the applicant was transferred to the USAR with a MSO of 14 December 2015. n. A screenshot of the applicant's USAR Reservation which shows his ETS as 30 November 2015. o. A DA Form 5961-R (Request for Reserve Component Assignment Orders) dated 20 May 2013 wherein the applicant is requesting assignment in the USAR. p. A DA Form 5690 (Reserve Components Career Counselor Interview Record), which shows the applicant was interviewed on 20 May 2013 and was enlisting in the USAR for 1 year. q. A DA Form 3540-R (Certificate an Acknowledgement of US Army Reserve Service Requirements and Methods of Fulfillment) which shows the obligations the applicant will have to fulfill his USAR Contract with his adjusted MSO. r. A memorandum from USAR Transition Branch, subject USAR 24-Month Deployment Stabilization which states active component Soldiers who transfer to the USAR are authorized the 24-month stabilization period before deployment. s. A DA Form 5435-R (Statement of Understanding - The Selected Reserve Montgomery GI Bill) which states the requirements to use the GI Bill. t. Order 106-0255, published by Headquarters, US Army Garrison, Fort Bragg, dated 16 April 2013, which show the applicant was released from active duty effective 30 June 2013 and his terminal date of reserve obligation was 14 December 2015. u. Orders 140-0251, published by Headquarters, US Army Garrison, Fort Bragg, dated 20 May 2013, amending orders 106-0255 to show his USAR unit information. v. Two of the applicant's ERB, dated 28 June 2013 and 15 May 2013, showing the applicant's active duty information and that he was qualified in the MOS of 25U. w. The applicant's MEDPROS information. x. A memorandum from Headquarters, XVIII Airborne Corps, dated 20 May 2013 to the applicant's unit regarding his transition to the USAR. y. A screenshot regarding Reserve Component Update Information on the applicant. z. An information message from USAR Component Transition Branch, dated 8 June 2012 regarding the lodging in kind program. aa. A DA Form 4 showing the applicant enlisted in the Army on the Delayed Entry Program on 15 December 2007 with entry on active duty on 1 July 2008. bb. Emails regarding the applicant's antedated contract, which state: * on 11 July 2016 the antedated contract is correct * the applicant received an MSO reduction adjusting his ETS to 30 August 2014 and an MSO of 14 October 2014 * since the applicant did not reenlist they had to use the MSO ETS date of 14 October 2014 as his ETS date because it was the latter of the two dates * the SRIP forwarded was for the applicant's ETS date prior to 1 October 2014 * the MSO date; however, was after 1 October 2014 so a bonus was not available for the contract cc. Three DA Forms 4856 (Developmental Counseling Form) stating the applicant was holding off on reenlisting in hopes of receiving a bonus. dd. Four computer screenshots showing the applicant completed his antedated reenlistment, the applicant was pending an antedated reenlistment, and the applicant was interested in reenlisting but was waiting on a bonus. 5. 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, the nature of his transition from active duty to the USAR, changes to his MSO and ETS dates, policy specific to incentives for his MOS and the memorandum and other documents referring to antedating his contract to permit incentive eligibility. The Board found the applicant was disadvantage due to administrative errors due to no fault of the applicant. He enlisted in good faith and the chain of command took actions to correct the administrative errors. Based on a preponderance of evidence, the Board determined that the denial of an enlistment bonus was unjust and that a correction was appropriate. 2. After reviewing the application and all supporting documents, the Board found the 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 by: - showing the applicant’s ETS was correctly reported in the system, qualifying him for the 25U $15,000 or $6,000 bonus at the time with an ETS of 30 September 2014, and; - showing he is entitled to an enlistment bonus in accordance with the correction above and paying him the amount of bonus due with his fulfillment of the 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. 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. The FY 14 SRIP policy states, a. The Soldier may not contract for more than one SRIP during a reenlistment period. b. The Soldier must reenlist/extend in an MOS that matches the authorized military grade commensurate with the position for which reenlisting. c. The Soldier must be in a pay grade of E7 or below on both contract signature and start date. d. The Soldier must reenlist for either a 3 or 6 year term of service in an active status. e. The Soldier must have less than 13 years of time in service at time of their current ETS. f. The Soldier must complete a reenlistment bonus addendum signed on the date of the reenlistment. A bonus addendum signed before or after the reenlistment date is not valid. g. The reenlistment bonus amounts are $5,000 for a 3 year reenlistment and $10,000 for a 6 year reenlistment bonus. ABCMR Record of Proceedings (cont) AR20170013491 9