ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 2 May 2019 DOCKET NUMBER: AR20180000012 APPLICANT REQUESTS: payment of the last part of the non-prior service enlistment bonus (NPSEB) contracted for while serving in the U.S. Army Reserve (USAR) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 * USAR Selected Reserve Incentive Program (SRIP) NPSEB Addendum FACTS: 1. The applicant states: a. He transferred from the USAR to the Pennsylvania Army National Guard (PAARNG) and was never told or signed any documents stating that he would not receive other parts of his enlistment bonus. He inquired regarding the status of his future bonus payments upon transfer from the USAR to the ARNG and was initially told he would continue to receive payments. After continuing to inquire, he was later informed that he would not receive any further payments on his NPSEB. The applicant mentioned he did not sign any documents deferring his bonus as a result of his enlistment into the ARNG. b. He received a bonus termination letter from the PAARNG State Education Office notifying him that his NPSEB had been terminated by the USAR. His service record was void of a copy of the termination letter. He believes he was not told the truth about his enlistment bonus when transferring from the USAR to the ARNG, and states he would have never given up the rest of his enlistment bonus. The applicant feels the loss of his NPSEB is unjust. 2. A review of the applicant’s service record shows: a. He enlisted in the USAR for 6 years on 26 January 2010. His DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 26 January 2010, block 32a (Specific Option/Program Enlisted For) lists a NPSEB $20,000 for an agreement of 6 years of service under the Army Civilian Acquired Skills Program (ACASP) for military occupational specialty (MOS) 88M (Motor Transport Operator). b. His enlistment also included an SRIP- Enlisted Bonus Addendum, dated 26 January 2010, reference the issuance of a $20,000 NPSEB under the 6-year ACASP. This Addendum states: (1) For the ACASP MOS bonus, payment will be as follows: On enlistment in the USAR, he would receive an initial payment of 50% of the total authorized bonus amount, after receiving his high school diploma, and being awarded the ACASP MOS; the amount of 25% of the total authorized bonus amount on the 2nd anniversary date of his enlistment; and the remaining 25% of the total authorized bonus amount on the 4th anniversary date of his enlistment. (2) The bonus would be terminated if he became an unsatisfactory participant, or move to a non-bonus unit or MOS (this could result in a recoupment action; however, his bonus entitlement will not terminate if he moved to another Selected Reserve unit or MOS for normal career progression, or because his current unit has been reorganized, relocated, re-designated, inactivated, or converted, or if his move has been approved by the Chief, Army Reserve; or if he failed to become MOS qualified within 12 months, if required to perform on-the-job training, or within 24 months if required to attend a service school, following a voluntary reassignment to a bonus authorized MOS or unit other than that for which he has herein contracted (this could result in recoupment) . c. The bonus of Soldiers transferring between the USAR and the ARNG could also be affected based on the following rules: (1) If, as a member of the USAR entitled to bonus payments under this program, the Soldier transfers to the ARNG because his USAR troop program unit has been reorganized, relocated, redesignated, inactivated, or converted, he will not terminate his entitlement and would continue receiving bonus payments according to the schedule established with his USAR agreement. (2) For any reason other than above, he would terminate his entitlement to bonus payments under this program unless the Chief, NGB authorizes continued entitlement on enlistment in the ARNG, or the bonus is based on enlistment through the ACASP and he remained in the bonused MOS. d. He further signed a Reserve Annex (Certificate and Acknowledgement of Service Requirements for Individuals Enlisting, Reenlisting, or Transferring into Troop Program Units of the USAR), Section VI- (Unsatisfactory Participation), paragraph 2 references all Selected Reserve incentives will terminate if the applicant is either voluntarily or involuntarily reassigned or transferred out of the Selected Reserve. e. He entered active duty for training (ADT) on 27 April 2010 and completed training for award of MOS 88M. He was honorably released from ADT on 6 August 2010. f. On 27 February 2011, DD Form 368 (Request for Conditional Release) was signed by the approving official, allowing the applicant to voluntarily transfer from the USAR to the ARNG. g. He enlisted in ARNG for MOS 11B (Infantryman) in Company A, 3rd Battalion, 103rd Armor in Lewisburg, PA on 15 April 2011. He completed 11B training, and became MOS qualified on 16 September 2011 per Orders 259-001, dated 16 September 2011. h. He entered active duty on 6 October 2012 and subsequently served in Kuwait in his 11B MOS from 1 December 2012 to 9 July 2013. He was honorably released from active duty on 14 August 2013. i. He was promoted to sergeant/E-5 in MOS 11B on 31 July 2013 and to E-6 on 11 April 2018. He continues to serve in the ARNG today. 3. An advisory opinion was received from the NGB in the processing of this case. An NGB official recommended disapproval and stated: a. Applicant requests the second and third payments totaling $10,000 of NPSEB $20,000. He enlisted in the USAR under the ACASP as annotated on his selected reserve incentive program - enlistment bonus addendum dated 26 January 2010 with a primary MOS of 88M. He received $10,000 in total funds by voucher according to DJMS records for Fiscal Year 2010 on 28 August 2010. Soldier requested conditional release from the USAR per Form 388 dated 27 February 2011 and enlisted into the PAARNG per DD Form 4 dated 15 April 2011. He requested an exception to policy (ETP) to retain his bonus amount, which was denied on 6 September 2017. A copy of the ETP was not found in the applicant's service record. b. Soldier was eligible to contract for the ACASP bonus in accordance with (IAW) National Guard Regulation (NGR) 600-7, 6-3.a, but lost eligibility IAW related to transfer to the PAARNG IAW DODI 1205.21 E3.1.2.3. DD Form 4 dated 15 April 2011 does not annotate continued bonus eligibility upon enlistment into the PAARNG. Soldier did not receive the second or third scheduled bonus payments totaling $10,000 because he transferred prior to his date of entitlement. NGR 600-7, 1-26.a. states "payments due after the effective date of the action will be canceled and will not be paid to the Soldier". c. Applicant was eligible to contract and receive a NPSEB in the USAR, but failed to serve the full term of his enlistment in the USAR or continue to serve in his bonus contracted MOS of 88M, upon enlistment in ARNG. He enlisted in the PAARNG as an 11B Infantryman. Soldier deployed in support of Operation Enduring Freedom from 6 October 2012 to 14 August 2013. He fulfilled his contract obligation and continues to serve today. His incentive was correctly terminated effective the date of his enlistment into the PAARNG, outside of his USAR contracted bonus. d. This advisory opinion was coordinated with the NGB Incentive Management Branch. This advisory opinion was coordinated with the PAARNG. 4. The applicant was notified of NGB's advisory opinion and was given 30 days to provide a rebuttal or any comments. He did not respond. 5. DOD Instruction 1205.21, paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. Paragraph E3.1.2.3 (Acknowledgement of Written Agreement for Non-Prior Enlistment Bonus) states, "I further obligate to serve in the same Military Department and in the same critical skill or unit for which the bonus is approved, unless excused for the convenience of the Government." 6. NGR 600-7 (Selected Reserve Incentive Programs), paragraph 1-26a, states payments due after the effective date of the action will be canceled and will not be paid to the Soldier. Paragraph 6-3(a) (Administrative correction out of service process) states, "In cases where the Soldier is out of service, the Soldier's service obligation was completed, in terms of the contract were met, and all payments due were received; the State IM (Incentive Manager) may be authorized to complete the administrative corrections on the Soldier's behalf. Detailed comments in the incentive management system must include the fact that the Soldier was out of service and administrative corrections were authorized." BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the applicant voluntarily requesting conditional release from the USAR on 27 February 2011, thus breaking the terms of his enlistment contract, the Board concluded there was no error or injustice which would warrant permitting the applicant to continue to receive the enlistment bonus payments outlined within the enlistment contract. For that reason, the Board recommended denying the applicant’s request for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. Department of Defense Instruction (DODI) 1205.21, paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. 2. NGR 600-7, paragraph 1-26a, states payments due after the effective date of the action will be canceled and will not be paid to the Soldier. 3 Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. ABCMR Record of Proceedings (cont) AR20180000012 5 1