ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  5 September 2019

	DOCKET NUMBER:  AR20180001658


APPLICANT REQUESTS:  requests to receive the $20,000 Enlisted Affiliation Bonus (EAB) incentive payment.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Self-Authored Statement
* Written Agreement – U.S. Army Reserve (USAR) Enlisted Affiliation Bonus (EAB) Acknowledgement
* Reserve Reassignment Orders No. C-02-502209
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Certificate of Acknowledgement of the U.S. Army Reserve Requirement and Methods of Fulfillment
* Direct Deposit Sign-up Form
* Form W-4
* State of Legal Residence Certificate
* Record of Emergency Data 
* Prudential Servicemember’s Group Life Insurance Election and Certificate
* DA Form 7667 (Family Care Plan Preliminary Screening)
* DD Form 2760 (Qualification to Possess Firearms or Ammunition)
* DA Form 705 (Army Physical Fitness Test Scorecard)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records 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 his record is in error because he never received the $20,000 EAB promised in his written agreement when he enlisted in the USAR.  According to his self-authored statement, dated 9 April 2017, he has been requesting payment of the agreed upon EAB since 2015.
3.  The applicant provides the above referenced documents.

4.  A review of the applicant’s service records shows:

	a.  He enlisted in the Colorado Army National Guard (COARNG) on 30 October 2008 for 6 years. 

	b.  He entered active duty for training on 31 December 2008 and was honorably released from active duty on 8 May 2009 after completing the required active service.  He was awarded military occupational specialty (MOS) 88M (Motor Transport Operator).  

	c.  After completing the 6-year Ready Reserve obligation, he was honorably separated from the ARNG.

	d.  On 16 January 2015, he signed a Written Agreement – USAR EAB Acknowledgment, transferring from the Individual Ready Reserve to the Selected Reserve unit, 423rd Transportation Company, in MOS, 88M, for 6 years, and he was eligible to receive the $20,000 bonus.

	e.  Per the DD Form 4, he enlisted in the USAR on 20 February 2015 for 5 years in the rank/grade of specialist (SPC)/E4.

	f.  According to the Certificate and Acknowledgement of USAR Requirements and Methods of Fulfillment, dated 20 February 2015, he reenlisted to continue his membership in the USAR.  Also, it states as an exception to policy, he was authorized to reenlist outside the 12-month reenlistment window to satisfy the service term of the USAR EAB Written Agreement.

	g.  The applicant is currently assigned to 375th Transportation Company Detachment in New Mexico.

5.  On 27 March 2018, Headquarters, United States Army Reserve Command (USAREC) rendered an advisory opinion in the applicant's case.  The advisory official recommended full relief to the applicant and authorize payment of the $20,000 EAB with an effective date of 16 January 2015.  A USAREC official stated:

	a.  The applicant did not receive EAB payment because he lacked the necessary Active Component time.  However, a USAREC official referenced the Memorandum from the Officer of the Chief, Army Reserve, DAAR-HR, subject: Change 1, Army Reserve (AR) Fiscal Year 2015 (FY15) 1st Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 November 2014 through 31 March 2015 redefined active duty as only time served while on contract with an active component.  This guidance was not provided until the publication of Memorandum from the Officer of the Chief, Army Reserve, DAAR-HR, Subject:  Army Reserve (AR) Fiscal Year 2015 (FY15) 2nd Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 April 2015 through 30 September 2015.  

	b.  Their recommendation to approve the request was based solely off the fact that Department of the Army (DA) G-1 retroactively implemented guidance that accessioning agencies did not have access to at the time EAB written agreements were created.  

6.  The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit comments.  He did not respond.

7.  By regulation, law, and policy,

	a.  Department of Defense Instruction 1304.31 (Enlisted Bonus Program), paragraph 2b(6), dated 12 March 2013, states Soldiers are eligible to receive the bonus if currently serving on active duty or has served on active duty and is discharged or released under honorable conditions.

	b.  Title 37, United States Code (USC), section 308 (c) states the Secretary concerned may pay an affiliation bonus to an enlisted member of an armed force who has completed fewer than 20 years of military service and executes a written agreement to serve in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years in a skill, unit, or pay grade designated under subsection b.  The amount may not exceed $20,000.00.

	c.  Memorandum from the Officer of the Chief, Army Reserve, DAAR-HR, subject: Change 1, Army Reserve (AR) Fiscal Year 2015 (FY15) 1st Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 November 2014 through 31 March 2015 which states Soldiers must have less than 20 years total military service; have been discharged or released from active duty under honorable conditions.

	d.  Memorandum from the Officer of the Chief, Army Reserve, DAAR-HR, subject:  Army Reserve (AR) Fiscal Year 2015 (FY15) 2nd Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 April 2015 through 30 September 2015 which states Soldiers must have a tour of active duty in the Active component or Active Guard Reserve (AGR).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was warranted.  Based upon the change in policy which was retroactive negatively impacting the applicant’s eligibility, the Board concluded there was an injustice which warranted correction.  The Board agreed with the advisory opinion and recommended full relief be granted to the applicant.

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 Army records of the individual concerned be corrected by allowing the applicant to retain eligibility of the $20,000 Enlisted Affiliation Bonus (EAB) incentive payment and all payments be issued.
	 
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, 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.  Department of Defense Instruction 1304.31 (Enlisted Bonus Program (EBP)), in effect at the time, provides overall guidance in the administration of EBP for enlistment, reenlistments or transfer between Military Services in designated military skills, career fields, units, or grades or under such other conditions of service for specified periods of obligated service.  Paragraph 2b(6), states to be eligible, a Soldier must be serving on active duty or has served on active duty and is discharged or released under honorable conditions.

3.  Title 37, United States Code (USC), section 308 (c) states the Secretary concerned may pay an affiliation bonus to an enlisted member of an armed force who has completed fewer than 20 years of military service and executes a written agreement to serve in the Selected Reserve of the Ready Reserve of an armed force for a period of not less than three years in a skill, unit, or pay grade designated under subsection b.  The amount may not exceed $20,000.00.

4.  Memorandum from the Officer of the Chief, Army Reserve, DAAR-HR, subject: Change 1, Army Reserve (AR) Fiscal Year 2015 (FY15) 1st Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 November 2014 through 31 March 2015 which states Soldiers must have less than 20 years total military service and have been discharged or released from active duty under honorable conditions.

	d.  Memorandum from the Officer of the Chief, Army Reserve, DAAR-HR, subject:  Army Reserve (AR) Fiscal Year 2015 (FY15) 2nd Half Selected Reserve Incentive Programs (SRIP) Policy Guidance for 1 April 2015 through 30 September 2015 which states Soldiers must have a tour of active duty in the Active component or Active Guard Reserve (AGR).

ABCMR Record of Proceedings (cont)	 AR20180001658


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