ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  
                  BOARD DATE:  14 April 2020

                  DOCKET NUMBER:  AR2018001661


APPLICANT REQUESTS:  reinstatement of her Non-Prior Service bonus. 

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	Request for Exception to Policy (ETP)
*	Bonus Addendum
*	National Guard Bureau (NGB) ETP
*	Personnel Action

FACTS:

1.  The applicant states she enlisted in the military occupational specialty (MOS) of 25C 
in 2013 accepting a bonus of $20,000.  Since her enlistment, she's reached the limits of 
her promotion possibilities.  There is not a Sergeant (SGT)/E-5 slot for 25C in any unit in 
the state of Montana.  She submitted an ETP to NGB requesting to change her MOS 
from 25C to a 68W with multiple lanes for upward progression.  The ETP was denied.  
She is requesting reversal of the decision made on the ETP.  The ETP was unjust 
because she is a Soldier in good standing and completed all requirements for promotion 
to SGT.  She was selected for promotion as a 68W.  She planned to reenlist and wants 
to look forward to career progression before her first enlistment was over.  

2.  The applicant's service records contain the following documents for the Board's 
consideration:

	a.  Orders 288-003, published by Joint Force Headquarters, Montana, dated 
15 October 2018, which shows she was promoted to the rank of SGT effective 
13 October 2018 in the MOS 68W.  

	b.  A DA Form 4187 (Personnel Action), dated 6 November 2019, which shows she 
was placed in an excess position duty to no fault of her own.

	c.  A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 
18 January 2019, which shows the applicant reenlisted for 6 years.  Her new expiration 
term of service was 18 November 2025.  

3.  The applicant provides, the following documents for the Board's consideration:

	a.  A self-authored letter, dated 9 June 2017, which states she is requesting an ETP 
to change her MOS from 25C to 68W.  She did not have a reservation to attend the 
68W MOS school; however, she would reserve a training seat upon approval of her 
ETP.  She met the physical demands rating and qualifications for award of the MOS.  
She met the minimum aptitude scores in the areas needed for the MOS.  Her reason for 
the request was there were no opportunities for her in the 25C MOS for career 
progression in the Montana Army National Guard (ARNG).  

	b.  A Non-Prior Service Bonus Addendum, dated 19 November 2013, which shows:

*	she enlisted in the MOS of 25C
*	she enlisted for 6 years
*	she was to receive a bonus of $20,000
*	her bonus would be terminated if she voluntarily changed her MOS during the 
contractual obligation 

	c.  A memorandum from NGB subject request for ETP, dated 3 November 2017, 
which states the ETP to retain the $20,000 bonus was disapproved for the discrepancy 
of voluntarily transferring out of the contracted MOS.   

	d.  A DA Form 4187, dated 14 December 2016 requesting to change her MOS from 
25C to 68W, which was signed by the applicant and her commander.  

4.  See below for 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, her record of 
service, the terms of her contracted incentive, her requested MOS change and the 
denial of an exception to policy by the NGB.  The Board found insufficient evidence to 
support the applicant’s statement that her change in MOS was involuntary due to unit 
actions, but considered her continuing service in the ARNG.  Based on a 
preponderance of evidence, the Board determined that the denial of the applicant’s 
requested incentive was not in error or unjust, but that she should not be held 
responsible for any recoupment.

2.  After reviewing the application and all supporting documents, the Board found that 
partial relief was warranted.






BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:X	:X	:X	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 to relieve the 
applicant of any recoupment associated with her non-prior service enlistment bonus 
dated 19 November 2013.

2.  The Board further determined the evidence presented is insufficient to warrant a 
portion of the requested relief.  As a result, the Board recommends denial of so much of 
the application that pertains to reinstatement of the applicant’s eligibility for a non-prior 
service enlistment 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.  Army National Guard Selected Reserve Incentive Program Policy for Fiscal Year 
(FY) 2013, (Policy Number 13-01), dated 29 November 2012, states the Soldier must 
serve satisfactorily in the contracted MOS for the full term of the service agreement.  

2.  Department of Defense Instruction 1205.21 (Reserve Component Incentive 
Programs Procedures), states in paragraph 6.8.3 if a Soldier moves to a non-bonus skill 
or unit, unless the move is required by the Reserve component their bonus would be 
terminated.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)		AR2018001661
3