IN THE CASE OF: BOARD DATE: 5 March 2020 DOCKET NUMBER: AR20180011303 APPLICANT REQUESTS: correction of his records to show an exception to policy (ETP), granting him a Selected Reserve Incentive Program (SRIP) Officer Affiliation Bonus (OAB) of $10,000.00, was approved. The applicant also requests a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * list of provided documentation * DD Form 4 (Enlistment/Reenlistment Document), dated 11 August 1989 * National Guard Bureau (NGB) Form 62-E (Application for Federal Recognition as an Army National Guard (ARNG) Officer or Warrant Officer and Appointment as a Reserve Commissioned Officer of Warrant Officer of the Army in the ARNG of the United States) * NGB memorandum, dated 7 April 2003 * U.S. Total Army Personnel Command memorandum, dated 30 September 2003 * DD Form 1A (Officer’s Commissioning Certificate, dated 13 April 2004 * DA Form 71 (Oath of Office – Military Personnel), dated 20 May 2004 * DA Form 1059 (Service School Academic Evaluation Report), dated 14 May 2004 * The Adjutant General-(TAG) NE Form 600-8 (Designation of Initial Branch and/or Functional Area and/or Award of Additional Skill Identifiers and/or Language Skill Identification Code under the Officer Personnel Management System (OPMS), dated 3 August 2004 * Headquarters, Iowa National Guard, Office of the Adjutant General, Orders 356- 035-22, dated 22 December 2009 * U.S. Army Reserve (USARC) memorandum, dated 2 March 2012 * DA Form 4651 (Request for reserve Component Assignment or Attachment), dated 23 March 2012 * reservation letter, dated 23 March 2012 * USAR Applicant Data Report, dated 23 March 2012 * U.S. Army Human Resources Command Orders C-03-204636, dated 28 March 2012 * USARC memorandum, dated 5 June 2012 * DA Form 1059, dated 12 September 2014 * DD Form 214 (Certificate of Release or Discharge from Active Duty), with a through date of 30 September 2014 * DA Form 2823 (Sworn Statement), dated 18 March 2015 * applicant’s request for ETP with supporting endorsements, dated 19 March 2015 * PERNET screenshot, dated 19 March 2015 * USARC memorandum, dated 25 June 2015 * email correspondence, dated between 4 October 2014 and 29 June 2015 * U.S. Army Human Resources Command (HRC) Orders R-08-704156, dated 17 August 2017 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the 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: a. An SRIP OAB of $10,000.00 was in effect for every 88A (Transportation Corps, General) area of concentration (AOC) officer transferring from the U.S. Army Reserve (USAR) Individual Ready Reserve (IRR) into a drilling Troop Program Unit (TPU) status effective March 2012. b. He met all of the prerequisites and completed all of the requirements he was informed by the Army Reserve Component Career Counselor (ARCC) he needed to complete, namely completing the Logistics Captain Career Course and serve for 3 years as a drilling USAR member in a TPU. He never had any tuition reimbursements. c. The Reserve Center’s in-house ARCC, Sergeant First Class (SFC) informed him of the OAB, while he was still a member of the IRR, in order to have him transfer back into a USAR TPU as a drilling member. At no time did he indicate he did not want the $10,000.00 OAB. The wording for the bonus that was verbally promised by the ARCC was erroneously left off the contract prepared by the ARCC. He had no prior knowledge of the OAB incentive until the ARCC told him about it during their initial visit. If it weren’t for that $10,000.00 bonus promised, he would have stayed in the IRR like he intended to do when he visited the Readiness Center. d. His commander, Colonel (COL) states in his endorsement of the OAB ETP request that this oversight is not the fault of the applicant, as the ARCC failed to do her job completely. Master Sergeant (MSG) the USAR Careers Division Area Leader stated he (the applicant) was obviously eligible at the time to receive the OAB and should therefore receive it, because it was human error on the part of the ARCC that was the reason for the non-receipt. The delay in his application occurred because he wasn’t aware of the oversight made by the ARCC until after the time he completed the Logistics Captain Career Course and did not get paid the OAB. 3. After prior enlisted service in the USAR, the applicant was appointed as a Reserve Commissioned Officer in the Army of the United States on 20 May 2004, serving in the Army National Guard (ARNG) of the United States. After successful completion of the Transportation Officer Basic Course in May 2004, he was awarded the 88A AOC on 3 August 2004. 4. Headquarters, Iowa National Guard, Office of the Adjutant General Orders 356-035, dated 22 December 2009, honorably released him from the ARNG and transferred him the USAR Control Group (Annual Training), effective 7 December 2009. 5. A review of the HRC, Soldier Management System (SMS) confirms a transaction was completed to transfer the applicant from the ARNG (current organization “A”) to USAR Control Group (Reinforcement) (current organization “L”) effective 8 December 2009. 6. A DD Form 214 shows the applicant was ordered to active duty in support of Operation Enduring Freedom on 7 June 2010. He was honorably released from active duty due to completion of required active service on 6 June 2011 and transferred back to USAR Control Group (Reinforcement) after 1 year of active duty this period. 7. A DA Form 4651 shows on 23 March 2012, the applicant requested voluntary relief from assignment in the USAR Control Group (Reinforcement) and transfer to a TPU assignment at 561st Combat Support (CS) Group in AOC 88A. 8. U.S. Army HRC Orders C-03-204636, dated 28 March 2012, released him from the USAR Control Group (Reinforcement) due to voluntary request and reassigned him to the 561st CS Group effective 23 March 2012. 9. A review of the applicant’s military service records shows they do not contain a bonus addendum or any other documentation from March 2012 or later corroborating he executed an agreement to affiliate with a USAR TPU in a specific AOC for a specific amount of time to qualify for an OAB, either before or after his transfer from the IRR to a TPU. 10. U.S. Army HRC Orders A-07-212798, dated 24 July 2012, ordered the applicant to active duty for contingency operational support of Operation Enduring Freedom, with duty at Scott Air Force Base, IL, effective 13 August 2012. 11. A DD Form 214 shows he was ordered to active duty while assigned to his USAR TPU in support of Operation Enduring Freedom from 13 August 2012 through 12 August 2013, when he was honorably released from active duty due to completion of required active service and transferred back to his USAR TPU 561 CS Group, Elkhorn, NE. 12. A DD Form 214 shows he was again ordered to active duty in support of Operation Enduring Freedom on 1 October 2013. He was honorably released on 30 September 2014, due to the completion of required active service and transferred to the USAR TPU 450 Transportation Company, Manhattan, KS. 13. A DA Form 1059, dated 12 September 2014, shows the applicant successfully completed Logistics Captains Career Course on the date of the form, fully qualifying him as a multifunctional logistician with a primary AOC of 90A (Logistics). 14. The applicant provided copies of email correspondence with the USAR Area Leader USAR Careers Division, beginning on 4 October 2014, showing he was requesting payment of an OAB he was told by SFC he would receive upon completion of the Logistics Captains Career Course. The subsequent email correspondence shows a review of the applicant’s USAR entrance packet did not contain any supporting documentation showing he was given an OAB. 15. The applicant provided a DA Form 2823, dated18 March 2015, wherein he states: a. He went to the USAR Center in Elkhorn, NE in February 2012, while a member of the IRR. He did not know any of the units there at the time, but wanted to speak with someone about what the best way was for him as an IRR Soldier to keep all of his readiness indicators such as dental, HIV, etc. current. His visit was not about entering into the USAR as a TPU Soldier. b. The person he met with was the RCCC for the 561st Regional Support Group, SFC She had little achievement trophies about her desk for things like “the most recruits out of the IRR.” He and SFC spoke about the difficulties of keeping all of a Soldier’s readiness factors in good standing while being in the IRR. She suggested coming into the USAR to help keep current. SFC told him about the OAB, the amount, and the 3- year commitment associated with it. She told him that since he was an 88A, Transportation Officer, he would have to finish his Captains Career Course before the OAB would be paid. c. All of the information about this OAB came from SFC He had no previous knowledge of such a bonus being in effect. Based solely on the information SFC presented to him, he went ahead and signed into the USAR for the first time ever as a member of the 561st Regional Support Group. What SFC did or didn’t do to process the paperwork for the Soldiers she was recruiting was in her lane and not his, but it was clear and came directly from her. She was the subject matter expert and he had no previous knowledge of such a bonus until she informed him of it in her pitch for joining the USAR. d. He officially became a member of the USAR on 23 March 2012 and has been a solid member ever since. He completed the Logistics Captains Career Course on 12 September 2014 and immediately forwarded his DA Form 1059 to his USAR unit administrator upon becoming a Logistical Officer (90A). 16. On 19 March 2015, the applicant requested an ETP of the USARC for approval of an OAB, stating: a. He was told by the ARCC SFC that he qualified for and would receive an OAB after completing the Captains Career Course for AOC 90A, Logistics Officer. He completed the course on 12 September 2014 and requested payment for the bonus through his unit administrator, but was told that he did not have an OAB addendum on file and could not be paid the bonus. b. After speaking with the USAR Career Division noncommissioned officer in charge (NCOIC) for his current unit, he found out that SFC should have executed the addendum at the time of transfer and since it was not done he would have to request an ETP. It is not his fault that the ARCC failed to do her job completely and gave him erroneous information. 17. Along with the applicant’s ETP request were two endorsements, likewise dated 19 March 2015, from his brigade commander and from what appears to be the area leader retention NCO. Both endorsements recommend the applicant receive the ETP for receipt of an OAB because he transferred to the USAR on March 2012, completed the 90A Captains Career Course in September 2014, and it is through no fault of the applicant that he did not receive a bonus addendum. 18. A USARC memorandum, dated 25 June 2015, states the applicant’s request for ETP to receipt an OAB was disapproved. The applicant transferred from the IRR to the USAR TPU on 23 March 2012; however, there is no Written Agreement OAB acknowledgment form that was completed by the accessioning agency. While reviewing this case, the USARC, G-1 was unable to find sufficient proof that the applicant was in fact offered an OAB; therefore, the OAB is not authorized. The applicant was advised to apply directly to the ABCMR to pursue correction of any perceived injustice. 19. U.S. Army HRC Orders R-08-704156, dated 17 August 2017, transferred the applicant from his USAR TPU to a USAR AGR status with an active duty commitment of 3 years, effective 27 September 2017. BOARD DISCUSSION: The Board carefully considered the applicant’s request, supporting documents, evidence in the records, and regulatory requirements. The Board noted the facts presented above. Neither this Board nor the USARC G1 has been able to find any documentary evidence or corroborating witnesses to support the applicant’s contention that he was offered an OAB. The applicant's request for a personal appearance hearing was carefully considered. Without supporting documentary evidence or corroborating witness statements, a personal appearance would not further the Board’s consideration in this case. After reviewing the application and all supporting documents, the Board found that relief is not warranted. 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: 1. 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. 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 a personal appearance before the Board. 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. U.S. Army Reserve (USAR) Fiscal Year 2012 (FY12) First Half Selected Reserve (SELRES) Incentive Programs (SRIP) Policy Guidance through 30 September 2012, provides policy guidance on SRIP for the stated period. It stipulates the Officer/Warrant Officer Affiliation Bonus (OAB) is $10,000.00 for officers affiliating into a position must possess an Area of Concentration (AOC) on the SRIP list or agree to reclassify into a new AOC on the SRIP to be eligible for the bonus. Officers who are transferring from another service component must not have received a prior enlisted or OAB for service in the SELRES. Additionally, the converted AOC must be on the SRIP effective on the date of assignment. A prior SELRES officer who affiliates from the IRR must have served at least 12 months in the Individual Ready Reserve (IRR) prior to reaffiliating with a Troop Program Unit (TPU) of the SELRES. A bonus is not authorized for transfer to an Individual Mobilization Augmentee (IMA) or for Active Guard Reserve (AGR) service and will be terminated and subject to recoupment. 3. A USAR FY12 First Half SRIP List, effective 15 March 2012 through 20 September 2012, shows AOC 90A (Logistics) was eligible for a 3-year, $10,000.00 OAB. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011303 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1