BOARD DATE: 28 February 2020 DOCKET NUMBER: AR20180011573 APPLICANT REQUESTS: correction of his records to show an Exception to Policy (ETP) was granted to allow for retention of his $15,000 reenlistment bonus without recoupment APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document), dated 4 November 2007 * DA Form 3540 (Certificate and Acknowledgment of USAR Service Requirements and Methods of Fulfillment), dated 4 November 2007 * Selected Reserve (SELRES) Incentive Program – U.S. Army Reserve (USAR) Reenlistment Bonus Addendum, dated 4 November 2007 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 16 October 2012 * DD Form 4, dated 31 October 2013 * Headquarters, Military Intelligence Readiness Command memorandum, dated 8 March 2013 * Headquarters, U.S. Army Reserve Command (USARC) memorandum, dated 26 August 2013 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. He is requesting reinstatement of his $15,000.00 reenlistment bonus, which he lost in 2012 due to a deployment with his civilian job. b. In order to fulfill his entire 6 year commitment, he extended his contract by 1 year in 2012 and reenlisted once again for an additional 6 years in 2013. His is currently looking to reenlist indefinitely in 2019 and will commit to stay in the U.S. Army for as long as needed. c. His request for ETP for retention of his bonus was disapproved on 29 October 2013. Because of this disapproval, the bonus for which he reenlisted in 2007 was recouped. 3. The applicant initially enlisted in the U.S. Marine Corps (USMC) Reserve on 16 July 1999 and subsequently entered the USMC on 26 June 2000, where he served 4 years until his honorable release from active duty on 25 June 2004. 4. A DD Form 4 shows the applicant’s fist enlistment in the USAR was for a period of 2 years on 19 November 2005. 5. A DD Form 4 shows he reenlisted in the USAR on 4 November 2007 for a period of 6 years. In conjunction with his reenlistment he signed a SLERES Incentive Program – USAR Reenlistment Bonus Addendum also on 4 November 2007, which shows: a. He was qualified in military occupational specialty (MOS) 35M (Human Intelligence Collector) which had been approved as a bonus MOS and correlated to the unit position vacancy for which he was reenlisting. b. He was reenlisting in the USAR for 6 years with a bonus amount of $15,000.00 and acknowledged he must satisfactorily serve this entire period in a USAR SELRES unit, unless excused for the convenience of the Government. c. He understood his bonus could be suspended on a one-time basis for a specified period from the incentive program rather than being terminated. He acknowledged suspensions are limited to a 3 year period or less of non-availability is authorized to Soldiers upon approval for temporary overseas residence, missionary obligation, or overseas employment obligation and also for transfer to the Individual Ready Reserve (IRR) for personal reasons for up to 1 year. Reinstatement of incentive eligibility, when authorized, requires extending the terms of service equal to or greater than the period the Soldier was in a non-available status. d. He acknowledged his reenlistment bonus would be terminated and he may be subject to recoupment if he became an unsatisfactory participant, voluntarily moved to a non-bonus unit or MOS or voluntarily reclassified, failed to become MOS qualified within 24 months, or accepted a permanent military technician or Active Guard/Reserve (AGR) position where membership in the SELRES was a condition of employment. 6. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was ordered to active duty with his USAR unit on 7 September 2008 and served in Iraq from 1 November 2008 through 27 August 2009. He was honorably released from active duty due to the completion of required active service after 1 year and 20 days of net active service this period on 26 September 2009. 7. Headquarters, 99th Regional Support Command Orders, dated 7 February 2011, show he was reassigned within the USAR from his Troop Program Unit (TPU) to the Standby Reserve (Active Status List), effective 6 March 2011, for the purpose of overseas residency/employment. 8. U.S. Army Human Resources Command Orders C-11-116751, dated 21 November 2011 voluntarily reassigned the applicant within the USAR, releasing him from the USAR Control Group (Reinforcement) and reassigning him to USAR TPU service effective 9 November 2011, 8 months after his reassignment out of a USAR TPU. 9. A DA Form 4836 shows the applicant extended his 4 November 2007 reenlistment contract with the USAR by a period of 1 year on 16 October 2012 (4 months longer than his TPU absence), under the provisions of Army Regulation 140-111 (USAR Reenlistment Program), Table 3-1 (Authorized reasons and periods of extensions, Rule W, to continue entitlement under the SELRES Incentive Program (SRIP) when such entitlement was suspended during an authorized period of non-availability. His new expiration term of service date subsequent to his extension was 18 November 2014. 10. A Headquarters, Military Intelligence Readiness Command memorandum to the USARC, dated 8 March 2013, requests an ETP for reinstatement of the applicant’s $15,000.00 reenlistment bonus, stating the retention office reviewed all applicable documentation and determined the applicant met all of the requirements for reinstatement of his reenlistment bonus. 11. A USARC memorandum, dated 26 August 2013, shows the applicant’s request for ETP for reinstatement of his $15,000.00 reenlistment bonus was denied, based on the following: a. The applicant reenlisted on 4 November 2011 for a 6-year, $15,000 reenlistment bonus which was being recouped due to his transfer to the IRR to serve overseas as a contractor and he did not execute an Oath of Extension of Enlistment to meet the terms of his reenlistment contract, thereby terminating his reenlistment bonus. b. The applicant voluntarily transferred to the IRR from 6 March 2011 through 9 November 2011 and did not extend his enlistment until, 16 October 2012/ therefore, his reenlistment bonus would remain terminated with recoupment. He was informed he could apply directly to the ABCMR for a correction of his records if he perceived any injustice. 12. It is unclear what documentation the USARC used to determine the applicant reenlisted on 4 November 2011 for a 6-year, $15,000.00 reenlistment bonus. Neither the applicant’s official military personnel file nor any enlistment documentation provided with this case reflect he reenlisted on 4 November 2011 for the reenlistment bonus in question. All available documentation shows he reenlisted for a 6-year, $15,000.00 reenlistment bonus 4 years earlier, on 4 November 2007. 13. The applicant provided a DD Form 4 which shows he again reenlisted in the USAR for a period of 6 years on 31 October 2013. His records contain an additional DD Form 4 which shows he reenlisted in the USAR for an indefinite period on 13 June 2019. 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, his record of service, the terms of his contract and incentive, his active duty service, his transfer to the IRR and his continued USAR service. The Board considered the requested ETP for reinstatement of his bonus and the consideration and denial by USARC. The Board considered the applicant’s reenlistment in the USAR for an indefinite period in 2019. Based on a preponderance of evidence, the Board determined that an exception to policy for retention of the incentive was appropriate. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. 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 the Army records of the individual concerned be corrected by: - Showing reinstatement of the applicant’s eligibility for the incentive associated with his SLERES Incentive Program - USAR Reenlistment Bonus Addendum on 4 November 2007, and; - Paying him any money owed as a result of this correction. 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. Army Regulation 140-111 (U.S. Army Reserve (USAR) Reenlistment Program), prescribes the criteria for the USAR Retention Program. Table 3-1 (Authorized reasons and periods of extensions) contains a list of authorized periods and reasons for enlistment contract extensions. Rule W allows Soldiers to extend their enlistment contract to continue entitlement under the Selected Reserve Incentive Program (SRIP) when such entitlement was suspended during an authorized period of non-availability. 3. USAR Fiscal Year 2008 (FY08) SRIP Policy Guidance for 1 October 2007 through 30 September 2008, provides policy guidance on SRIP for the stated period. It stipulates reenlistment bonus rates for Troop Program Unit (TPU) members were $15,000.00 for a 6-year commitment or $7,500 for a 3-year commitment. A 6-year reenlistment bonus of $15,000.00 was restricted by qualification in a critical skill military occupational specialty (MOS). A reenlistment bonus was not authorized for Soldiers assigned to an Individual Mobilization Augmentee IMA) position and if transferring to an IMA position, the bonus may be subject to termination and recoupment policies. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180011573 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1