BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20160018544 APPLICANT REQUESTS: Correction of his record to show reversal of the Army National Guard (ARNG) revocation of his $20,000.00 Special Pay Bonus (SPB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10 United States Code (USC), sections 591 and 593, dated * 28 May 1991 * Orders Number 017-071, dated 3 February 1992 * Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), dated 20 September 1999 * Orders Number 299-1052, dated 26 October 2005 * U.S. Army Recruiting Command (USAREC) Form 1166 (Selected Reserve Special Pay Program Contract), dated 27 September 2012 * Memorandum, Subject: Special Pay Enrollment Packet on Initial Appointment for the applicant, dated 27 September 2012 * National Guard Bureau (NGB) Form 337 (Oaths of Office), dated 2 October 2005 * ARNG retirement points history statement, dated 4 October 2012 * USAREC Form 1166, dated 23 September 2015 * Memorandum for Record (MFR), Subject: Inquiry into Army Medical Department (AMEDD) Incentive Contract for the applicant, dated 13 September 2016 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, USC, 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 in pertinent part, he signed for a bonus with four days left on his remaining bonus. He was not informed it was too early to sign, and it was not caught, so the $20,000.00 bonus payment was revoked and he was told nothing could be done. He sent several emails to NGB personnel, worked with the Texas (TX) Inspector General and his chain of command. He was basically told he was out of luck. And, except for one or two people, nobody seemed to care he lost this large amount of money. He thinks the rule of signing too early needs to be legislatively or somehow changed. He thinks the error should have been caught, and he could have signed with a later date. Even a few months late would be better than totally losing a year’s bonus of $20,000. 3. A review of the applicant’s official records show the following on: * 1 August 1989 – the Doctor of Dental Surgery Degree was conferred upon the applicant * 12 October 2005 – having had prior Regular Army commissioned service, the applicant was appointed as a Reserve commissioned officer in the TX Army National Guard (TXARNG) and remains currently serving in the ARNG * the applicant’s records are void of any bonus pay packets showing entitlement to any bonus payments 4. The applicant provides: * Memorandum, Subject: Appointment as a Reserve Commissioned Officer of the Army under Title 10 USC, sections 591 and 593 showing the applicant was appointed as a first lieutenant in the Dental Corps * Orders Number 017-071, issued by the U.S. Total Army Personnel Command, showing the applicant was promoted to the rank of captain * DODI 1205.21 providing guidance on Reserve component incentive programs * Orders Number 299-1052, issued by the Adjutant’s General’s Department showing the applicant was appointed in the ARNG to the rank/grade of lieutenant colonel (LTC)/O-5 in the Dental Corps * USAREC Form 1166 (27 September 2012) showing the applicant signed for a $20,000.00 bonus for a 3 year service obligation * Memorandum, Subject: Special Pay Enrollment Packet on Initial Appointment for the applicant, showing the applicant provided all required supporting documents to qualify for the special pay bonus * ARNG retirement points history statement showing at the time the applicant had 21 years of creditable service for retired pay * USAREC Form 1166 (23 September 2015) showing the applicant signed for another $20,000.00 bonus for a 1 year service obligation * MFR, Subject: Inquiry into AMEDD Incentive Contract for the applicant, wherein a TX Medical Command official provided details pertaining to the applicant’s bonus applications and the overlap in qualifying time periods and the signature date on his 2015 bonus contract not being able to be modified or changed 5. On 31 October 2019, the NGB reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that, a. There were multiple infractions during the incentives contract process that the applicant should not be held responsible for. Consideration should be given to the fact that the applicant was unaware of the overall process relating to incentives and relied solely on the subject matter expert's guidance regarding his eligibility for receiving incentives. The same AMEDD technician who completed his previous incentives contract in 2012 also completed the invalidated contract in 2015. The AMEDD technician validated through initial and signature on the bonus addendum that the applicant was eligible to receive the incentive at the time he signed the contract on 23 September 2015. The applicant believed the AMEDD technician had validated his eligibility and he signed the contract, verifying that the information was true to the best of his knowledge. Additionally, when the Guard Incentives Management System (GIMS) came online in 2012, it did not possess the capability of tracking the obligation end date of incentives contracts. The applicant’s initial contract obligation end date was not in GIMS when he signed his new contract, and the technician would have needed to search through his record to identify if he was eligible to sign a new contract. b. The actions taken by the certification official throughout the incentives contract process lead their office to believe that there was complete oversight of the applicant’s eligibility, which resulted in the premature generation of his new incentives contract. It is proper to say the applicant was incorrectly advised and provided the wrong information in regards to his eligibility for the SPB incentive and therefore should be granted the SPB on that basis. c. It is the opinion of their office that the applicant's request for SPB be granted based on the fact the he completed his contractual obligation honorably and relied on the subject matter expert's guidance regarding his date of eligibility for SPB. This opinion was coordinated with the ARNG Incentives office and the TXARNG. d. A copy of the complete advisory opinion has been provided to the Board for their review and consideration 6. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 7. DODI 1205.21 (E13 Written Agreement Special Pay for Selected Reserve Healthcare Professionals in Critically Short Wartime Specialties) states members will not have any current military contractual obligations for receipt of any other incentive contractual agreement to serve in the Selected Reserve. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the facts above including the advisory from the National Guard Bureau finding in favor of the applicant’s request, the Board found that relief is warranted. The applicant’s $20,000.00 Special Pay Bonus (SPB) should be restored and the bonus paid. ? 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 restoring the applicant’s $20,000.00 Special Pay Bonus (SPB) and paying the bonus. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures), (E13 Written Agreement Special Pay for Selected Reserve Healthcare Professionals in Critically Short Wartime Specialties) states members will not have any current military contractual obligations for receipt of any other incentive contractual agreement to serve in the Selected Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160018544 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1