ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 September 2019 DOCKET NUMBER: AR20180000992 APPLICANT REQUESTS: approval and receipt of his Selective Reenlistment Bonus (SRB) from December 2014. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * DA Form 1695 (Oath of Extension of Enlistment) * Memorandum from Senior Retention Operations Non-commissioned Officer (NCO) * DA Form 4187 (Personnel Action) * Applicant’s self-authored statement * Memorandum from Career Counselor * Memorandum from the Chief, Force Alignment Division, U.S. Army Human Resources Command (HRC) FACTS: 1. The applicant states: a. He reenlisted in November 2013 to reclassify with a school date in January 2015. In December 2014, he realized, he had not received orders for a new duty station and spoke with the 83rd CBRN (Chemical, Biological, Radiological and Nuclear) Battalion (Bn) retention NCO, Sergeant First Class (SFC) X_ about it. She determined he did not have the required 36 months to complete his contract once his school was done. The retention NCO extended him to meet those requirements. b. He was attending the school when a military personnel (MILPER) message announced, in effect, that if he passed the school he would receive a $4000 bonus. Upon completion of the school, he provided the information to his retention NCO who later determined her error, in that she should have reenlisted the applicant instead of extending him. c. He arrived at Fort Knox, KY in April 2013 and spoke with Sergeant First Class (SFC) X_ and Staff Sergeant (SSG) X_ about the issue. He was told there was nothing they could do about it and he would not receive the bonus. A new career counselor, SSG X_, arrived the middle of 2016, and again the applicant brought up the issue to see if he could assist. In 2017, the brigade career counselor assisted SSG X_ in starting the process. d. The process took a long time, and he was medically retired from service in October 2017. An investigation took place which determined he was owed the bonus, but was disapproved since he was medically retired. He has spent the last 3 years trying to resolve the problem, just to be avoided, lied to, or forgotten about, as seen in the provided memorandums. 2. The applicant provides: * DD Form 4, dated 6 December 2013 * DA Form 1695, dated 29 December 2014 * Memorandum from SFC X_, dated 8 June 2017 * DA Form 4187, dated 17 August 2017 with Commander’s signature and 25 July 2017 with applicant’s signature * Applicant’s self-authored statement, dated 28 August 2017 reflected above * Memorandum from SSG X_, dated 16 November 2017 determined applicant entitled to a bonus * Memorandum from the Chief, Force Alignment Division, HRC, dated 16 November 2017 refers applicant to Army Review Board Agency (ARBA). 3. A review of the applicant’s service record shows: a. He enlisted in the Regular Army (RA) for 3 years on 31 January 2011. b. DA Form 3340-R (Request for Reenlistment or Extension in the RA), dated 12 November 2013 shows he requested to reenlist in the active component. c. His DD Form 4, dated 6 December 2013, shows this as an immediate reenlistment. It further shows in item b (Remarks) * Army training reenlistment option (Class 230-29E2/3, Electronic Warfare Specialist) (EWS) * No bonus entitlement * No waiver * 1st reenlistment d. DA Form 3340-R (Request for Reenlistment or Extension in the RA) dated 29 December 2014 shows (Item 3b) he requested to extend his enlistment to meet the SRR (service remaining requirement) for military occupational skill (MOS) 29E, EWS. e. DA Form 1699 (Oath of Extension of Enlistment), dated 29 December 2014, shows he voluntarily extended his reenlistment to meet the SRR for MOS 29E (EWS). f. DA Form 1059 (Service School Academic Evaluation Report), dated 13 March 2015, shows he successfully completed the EWS course. g. His enlisted record brief (ERB) shows his primary MOS (PMOS) as 29E. h. A memorandum, dated 8 June 2017, from SFC X_, Senior Retentions Operations NCO, subject: Career Counselor Statement concerning Extension for SGT X_, X_ X. that states: * At the time of reenlistment there was no selective reenlistment bonus (SRB) for reclassification to MOS 29E * Soldier did not have enough time remaining to go to the school, he was extended to ensure he report for school the following week * Once the error was realized, the Soldier was informed of the situation and that the issue could be resolved once he finished with the school * The error caused a Soldier to lose a bonus he was fully entitled to, which was no fault of the Soldier i. Orders 208-0152, dated 27 July 2017, published by U.S. Army Garrison Command, Fort Knox, KY shows he was reassigned for separation processing for his 22 October 2017 retirement due to a permanent disability. j. DA Form 4187 (Personnel Action), dated 17 August 2107 by commander, shows a request for antedated contract. The form also shows: * Request payment of SRB in accordance with MILPER message 14-303 paragraph 4 * Soldier reenlisted on 6 December 2013 for Army training reclassification to 29E (EWS) and was extended on 29 December 2014 to meet the SRR for training, but should have been able to reenlist with entitlement to the SRB * Soldier was not given the choice to reenlist to maximize his bonus due to no fault of his own * Requesting 6 year contract be antedated to 29 December 2014 so the Soldier can be paid the SRB he was eligible for when extended k. A memorandum, dated 16 November 2017, from SSG X_ X. X_, Career Counselor, subject: Reenlistment Bonus for SGT X_ X_ that states: * SGT X came to him about a bonus issue he may have from a previous career counselor who reenlisted him for the Army Training Reenlistment Option to change his PMOS to 29E * called Mr. X_ at HRC, determined the Soldier was entitled to a bonus at the time of his reenlistment * He contacted SFC X_ X_, the career counselor who processed the reenlistment, and let her know and she agreed the Soldier should have received a bonus, and would do what was necessary to fix the issue * called Mr. X_ at HRC to help close out the Soldier’s bonus issue l. A memorandum, dated 16 November 2017, from Mr. X_ X. X_, Chief, Force Alignment Division, U.S. Army Human Resources Command (HRC), subject: Request for an Antedated Reenlistment Contract and SRB – SGT X_, X_ X_ that states: * request for an antedated reenlistment contract for SGT(R) X_ has been disapproved * Although the facts and circumstances surrounding the retention action in December 2014 meet the level of a favorable outcome, SGT X_ (R) is no longer in the Active Component Army m. DD Form 214, (Certificate of release or Discharge from Active Duty) for the period ending 22 October 2017 shows in: * Item11 (Primary specialty) 29E20 – Electronic Warfare Specialist – 6 years and 3 months Item 12 c (Net service this period) 6 years, 8 months, and 22 days * Item 18 (Remarks) immediate reenlistments this period – from 6 December 2013 to 22 October 2017 * Item 23 (Type of separation) Retirement * Item 24 (Character of Service) Honorable * Item 28 (Narrative Reason for Separation) Disability, Permanent (Enhanced) 4. Army Regulation (AR) 601-280 (Army Reenlistment Program) (ARP) prescribes the criteria for the ARP for those Soldiers serving in the active Army, and outlines the procedures for immediate reenlistment or extension of enlistments. 5. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of the evidence, to include the statements by Career Counselors, the Board agreed there is sufficient evidence to grant relief, as a clerical mistake and his subsequent retirement prevented him from receiving the bonus. 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: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant's records to show he reenlisted as a 29E and was eligible for a tiered reenlistment bonus based upon MILPER MESSAGE Number 14-303, dated 15 October 2014. 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: 3. 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 (AR) 601-280 (Army Reenlistment Program) (ARP) prescribes the criteria for the ARP for those Soldiers serving in the active Army, and outlines the procedures for immediate reenlistment or extension of enlistments. 3. Paragraph 4-1. (Reenlistment Options) provides for reenlistment options that are designed to meet the personal desires of the Soldier and to fulfill the needs of the Army, and are based on the status of the Soldier’s PMOS. Regularly published MOS strength status will govern which options are offered to a Soldier at reenlistment. All Soldiers reenlisting to meet time remaining requirements, regardless of the timeframe in which the reenlistment is accomplished, will be reenlisted only for Option Table E-1 (RA Reenlistment Option E-1). b. Paragraph 4-6. (Service Remaining Requirements) provides a SRR is a Headquarters, Department of the Army (HQDA) prerequisite for a Soldier to have a specified amount of remaining contractual service in order for an authorized action (service school/course attendance) to be taken. Reenlistment and/or extensions of enlistment provide qualified Active army enlisted Soldiers additional contractual service to meet SRRs which cannot be met through immediate reenlistment. Within 30 days of notification of an SRR, Soldiers will be counseled and take one of the following actions: * Elect a discharge for purpose of immediate reenlistment, or * Extend a current enlistment, or * Elect a combination of reenlistment and extension if in the best interests of the Soldier and the Army; period of reenlistment may be combined with an extension of not more than 11 months to meet SRRs * Caution must be exercised using combinations, the reenlistment must be accomplished first, and the extension must occur at least 24 hours after this transaction c. Paragraph 4-9. (Reasons for extensions of enlistment) provides for meeting SRRs, extensions may be accomplished as prescribed. Soldiers within the reenlistment eligibility window and otherwise qualified, must reenlist to meet the SRR, they may not extend. Soldiers not otherwise qualified for reenlistment may be extended. d. Paragraph 4-10. (Cancellation of extension) provides for Soldiers to submit requests for cancellation of extensions on DA Form 4187, complete with facts and justification. Soldiers may request cancellation of extension for purpose of immediate reenlistment for the reenlistment option in table E-1, provided they are otherwise qualified, if their SRB entitlement may be adversely affected by a later reenlistment. e. Paragraph 5-5. (Selective Reenlistment Bonus) (SRB) provides the MOS designated for the SRB program will be announced by message. The program is a retention incentive paid to Soldiers in certain selected MOSs who reenlist for a minimum of 3 years. The objective is to increase the number of reenlistments in critical MOSs that do not have adequate retention levels to man the career force. A qualified Soldier may be paid an SRB only once within each zone of eligibility, and will be paid in addition to any other pay and allowances to which the Soldier is entitled. Soldiers reenlisting for Indefinite Status will not be paid the SRB. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000992 6 1