ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20180012310 APPLICANT REQUESTS: Correction of his record to show: * he was paid for several days of drill * payment of his Enlistment Bonus (EB) * missing drill days added to his record * update all awards * update his records to show qualifications and schools * payment of all Montgomery GI Bill (MGIB) back pay APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Warren County High School letter, dated 19 April 2004 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 23 April 2004 * Guard Annex (Enlistment/Reenlistment Agreement Army National Guard (ARNG) Service Requirements and Methods of Fulfillment), dated 23 April 2004 * National Guard Bureau (NGB) Form 600-7-3-R-E (EB Addendum), dated 23 April 2004 * Orders Number 4118-23, dated 27 April 2004 * Memorandum, Subject: Stripes for Buddies Eligibility, dated 29 June 2004 * Orders Number 197-247, dated 15 July 2004 * Orders Number 084-181, dated 25 March 2005 * Orders Number 279-165, dated 6 October 2005 * Orders Number 123-156, dated 3 May 2006 * DA Form 1059 (Service School Academic Evaluation Report), dated 12 April 2007 * DA Form 2173 (Statement of Medical Examination and Duty Status), dated 14 October 2007 * Orders Number 054-194, dated 23 February 2008 * Orders Number 225-156, dated 12 August 2008 * Orders Number 055-018, dated 24 February 2009 * DA Form 3349 (Physical Profile), dated 6 March 2009 * Orders Number 208-267, dated 27 July 2009 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 13 October 2009 * Veterans Affairs (VA) letter, dated 29 October 2009 * Orders Number 027-016, dated 27 January 2010 * DA Form 4187 (Personnel Action), dated 22 June 2010 * Orders Number 204-078, dated 23 July 2010 * Orders Number 263-022, dated 20 September 2010 * NGB Form 55a (Honorable Discharge Certificate), dated 22 April 2011 * NGB Form 22 (Report of Separation and Record of Service), dated 22 April 2011 * Orders Number D-04-206466, dated 24 April 2012 * Medical records, 28 September 2015 * SF 180 (Request Pertaining to Military Records), dated 18 March 2018 * VA Form 21-22 (Appointment of Veterans Service Organization as Claimant’s Representative), dated 10 April 2018 * VA Form 21-0966 (Intent to File a Claim for Compensation and/or Pension, or Survivors Pension and/or DIC), dated 10 April 2018 * Disabled American Veterans (DAV) membership application, dated 18 April 2018 * VA letter, dated 16 April 2018 * National Personnel Records Center (NPRC) letter, dated 24 April 2018 * ARNG current annual statements, dated 17 May 2010, 4 May, 24 May 2011, and 25 April 2018 * Memorandum, Subject: Request for Correction of Military Records, dated 26 April 2018 * Reference letter, dated 22 May 2018 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 (ABCMR0 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 he was told when his unit deployed to Kosovo, it was discovered the administration team had made some mistakes, so they deleted a lot of things. He was falsely promised a position, put on orders, never paid, because their administrative assistant just left. Within the time frame February 2008-2009, he was erroneously demoted and now expecting promotion. He would not have known if he did not need to look at his rewrite for a VA claim. Several corrections have been made, but the State is limited. 3. A review of the applicant’s official records show the following: a. On 23 April 2004, the applicant enlisted in the Missouri ARNG (MOARNG) for a period of 6 years in a paid drill status and 2 years in the Individual Ready Reserve. In conjunction with this enlistment NGB Form 600-7-3-R-E was completed showing the following in: (1) Section 2 (Eligibility): * item 6; he was enlisting in Detachment 2, 1438th Engineer Company to serve at least 6 years in a paid drill status * item 7; he was enlisting in the critical Military Occupational Specialty (MOS) 21C (Bridge Crewmember) and would receive a $3,000.00 EB * item 8; he would receive an additional $3,000.00 as part of his EB based on the critical skill MOS (2) Section 3 (Payments): * item 1; he would receive a total bonus amount of $6,000.00 * item 2; he would receive the first 30 percent less taxes when he completed initial Active Duty for Training (ADT), and awarded the MOS * item 3; anniversary payments of 20 percent less taxes would occur on his third and fourth anniversary, and 30 percent less taxes would occur on his fifth anniversary * item 4; he understood he would not receive a payment until all requirements have been met and the entitlement had been verified and certified by the proper authority (3) Section 5 (Termination) item 6, he understood the bonus would be terminated if he transferred out of the critical skill MOS. If he enlisted for a basic EB, he must remain in the bonus MOS for 24 months or the incentive would be terminated with recoupment. b. Additionally, with this enlistment DA Form 5435 (The MGIB Selected Reserve MGIB-SR) was completed showing the following: (1) Section 3 (Qualifications): * item 1(a); he must contract to serve at least 6 years * item 1(b) he must be a secondary school graduate before completion of initial ADT (2) Section 5 (Benefits) if qualified, he would be eligible to receive educational assistance to pursue a program of education in an amount determined by the VA. c. DD Form 1966 (Record of Military Processing Armed Forces of the United States) shows in section 6 (Remarks) advanced pay grade reason ARNG enlistment criteria table 2-2 rule o referred d. On 30 June 2004, the applicant entered ADT. e. On 29 September 2004, Orders Number 273-634, issued by Headquarters, U.S. Army Maneuver Support Center and Fort Leonard Wood, MO, awarded the applicant primary MOS 21B. f. On 29 October 2004, he was honorably released from ADT and returned to his ARNG unit. DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) Army Service Ribbon. g. On 25 March 2005, Orders Number 084-181, issued by the Joint Forces Headquarters (JFHQ), MOARNG attached the applicant to Headquarters and Headquarters Detachment, 1138th Engineer Battalion for administration, training and pay. h. On 25 February 2006, Orders Number 056-060, issued by the JFHQ, MOARNG, ordered the applicant to Active Duty for Special Work (ADSW) for the period 2 - 3 March 2006. i. On 1 May 2006, the following Order Numbers issued by the JFHQ, MOARNG, ordered the applicant to ADSW: (1) 121-063, for the period 8 -12 May 2006. (2) 121-069, for the period 15 – 19 May 2006. (3) 121-074, for the period 22 – 26 May 2006. (4) 121-080, for the period 30 May – 2 June 2006. j. On 3 May 2006, Orders Number 123-156, issued by the JFHQ, MOARNG, amended Orders Number 121-080 insomuch as changing his period of activation from 30 May – 2 June 2006 to 30 May – 1 June 2006. k. On 11 July 2006, the following Order Numbers issued by the JFHQ, MOARNG: (1) 192-163, revoked Orders Number 121-069. (2) 192-164, revoked Orders Number 121-074. (3) 192-165, revoked Orders Number 121-080 l. From 30 March – 12 April 2007, the applicant attended and completed training in MOS 31B (Military Police (MP)), phase one. m. On 6 November 2007, the following Order Numbers issued by the JFHQ, MOARNG, ordered the applicant to ADSW: (1) 310-063, for the period 24 – 27 October 2007. (2) 310-065, for the period 29 – 30 October 2007. (3) 310-072, for the period 1 – 2 November 2007. (4) 310-077, for the period 5 – 6 November 2007. n. On 23 February 2008, Orders Number 054-194, issued by the JFHQ, MOARNG, released the applicant from the 3175th MP Company (-) and reassigned him to the 3175th MP Company (-), Rear Detachment by reason of mobilization of individuals. o. On 13 October 2009, the applicant extended his expiration term of service from 22 April 2010 to 22 April 2011. p. On 27 January 2010, Orders Number 027-016, issued by the JFHQ, MOARNG, ordered the applicant to ADT for the period 13 – 27 August 2010 to attend MOS 31B phase two training. q. On 23 July 2010, Orders Number 204-078, issued by the JFHQ, MOARNG, revoked Orders Number 027-016. r. On 20 September 2010, Orders Number 263-022, issued by the JFHQ, MOARNG, ordered the applicant to ADT for the period 29 October 2010 – 12 November 2010 to attend MOS 31B phase two training. s. On 21 April 2011, Orders Number 111-119, issued by the JFHQ, MOARNG, honorably discharged the applicant from the ARNG and transferred him to the U.S. Army (USAR) Control Group (Reinforcement), effective on 22 April 2011. Selected Reserve Incentive Program “Yes,” Recoupment “No.” t. On 22 April 2011, the applicant was honorably discharged from the ARNG and transferred to the USAR Control Group (Reinforcement) by reason of expiration of active status commitment in the Selected Reserve. NGB Form 22 shows he completed 7 years of net service this period with 6 years total service for retired pay. * item 12 (Military Education) shows Military Police Phase 1, 2 weeks, March 2007/Bridge Crewmember, 14 weeks, October 2004 * item 15 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded) shows MO Basic Training Service Ribbon, Army Service Ribbon, National Defense Service Medal, and the MO Long Service Ribbon (5 Years) * item 18 (Remarks) shows the EB effective on 23 April 2004 was terminated on 22 April 2011, without recoupment per Orders Number 111-119 u. The applicant’s records are void of any award recommendations. Likewise, it is void of any additional qualifications and awards not already listed on his DD Form 214 issued on 29 October 2004 and his NGB Form 22 issued on 22 April 2011. Additionally, it is void of any other orders not listed in the record of proceeding. 4. The applicant provides: a. Warren County High School letter showing the applicant was completing courses with a projected graduation date on 23 May 2004. b. Orders Number 4118-23, issued by the St. Louis, MO Military Entrance Processing Station, ordered the applicant to initial active duty for training at Fort Leonard Wood, MO. c. Memorandum, Subject: Stripes for Buddies Eligibility showing the applicant was advanced to the rank/grade of private two (PV2)/E-2 for referring an ANRG applicant that enlisted. d. Orders Number 197-247, issued by the JFHQ, MOARNG, transferred the applicant from Detachment 1, 1438th Engineer Company to the 1438th Engineer Company by reason of involuntary transfer due to mobilization. e. Orders Number 279-165, issued by the JFHQ, MOARNG, transferred the applicant from the 1438th Engineer Company to the 3175th (-) MP Company by reason of unit inactivation, reorganization, or relocation. f. DA Form 2173 showing the applicant was examined on 14 October 2007, and the injury was in the line of duty, however, section 2 (to be completed by the unit commander) is void of any entries, and item 30 (Details of accident – Remarks) contains another individuals information. g. Orders Number 225-156, issued by the JFHQ, MOARNG, reduced the applicant from the rank/grade of specialist (SPC)/E-4 to private first class (PFC)/E-3 due to inefficiency. The authority cited was Army Regulation (AR) 600-8-19 (Enlisted Promotions and Reductions). h. Orders Number 055-018, issued by the JFHQ, MOARNG, ordered the applicant to ADT for the period 27 February - 13 March 2009 to attend MOS 31B phase two training. i. DA Form 3349 showing the applicant was given a profile for an ankle sprain/strain that occurred in basic training and had progressively gotten worse over the past four years. j. Orders Number 208-267, issued by the JFHQ, MOARNG, transferred the applicant from the 3175th (-) MP Company Rear Detachment to the 3175th (-) MP Company. k. VA letter wherein the applicant was informed that the VA had received his intent to file a claim on 10 April 2018. l. DA Form 4187 wherein the applicant’s immediate commander explains the applicant was erroneously not promoted back to SPC when he was eligible. m. NGB Form 55a showing the applicant was honorably discharged from the ARNG. n. Orders Number D-04-206466 showing the applicant was discharged from the USAR after he completed his remaining statutory requirement. o. Medical records showing on 28 September 2015, the applicant had radiographic studies of his left foot. p. SF 180 showing the applicant requested his medical records and all military records from the National Archives and Records Administration. q. VA Form 21-22 showing the DAV organization could act as his representative in his VA claim. r. VA Form 21-0966 showing the applicant’s intent to file a compensation and pension claim. s. DAV application. t. VA letter showing the increased cost of living increase with the MGIB. u. NPRC letter wherein the applicant was provided records in the organizations possession. v. ARNG current annual statements showing the applicant had 6 years of creditable service. w. Memorandum, Subject: Request for Correction of Military Records wherein the applicant had requested a correction of his records through the Adjutant General’s Office. He did not receive a DD Form 214 or a DD Form 220 (Active Duty Report) because the periods of active duty did not meet regulatory requirements for issuance. As a result the Office of the Adjutant General reviewed his NGB Form 23A (ARNG Current Annual Statement) and made the following correction: * 12 – 16 September 2005 (ADT) * 17 September 2005 (Inactive Duty Training (IDT)) * 14 -15 July 2007 (IDT) * 1 -2 December 2007 (IDT) * 16 – 18 January 2008 (ADT) * 22 – 25 January 2008 (ADT) * 28 January – 1 February 2008 (ADT) x. Reference letter that states, during the time they were preparing to leave in 2007, the applicant was always at the unit helping and the author believes he was completing training to be part of the rear detachment. The author does not have a clear memory of the dynamic but she does remember him being there to train and assist while we they were deployed. After they deployed, the author remembers conversations that something had happened with him state side and they told him to hang in there until they got back. The author then remembers talking to the applicant apologizing that he was treated the way he was, and him talking to command staff. She was then working as the administration noncommissioned officer, and was told by command staff that she was to do the necessary paper work to remove the U's from his file and have them changed. She believes from her best recollection, which is patchy, that the applicant was supposed to be on orders while he was assisting us and the rear detachment, and she does not believe he was paid during that time frame which was a part of what created the issue. 5. AR 15-185 (ABMCR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 6. Department of Defense Instructions (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 7. National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) states an NGB Form 22 will be prepared for every Soldier being separated from the ARNG or released from the custody and control of the military, unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies. * item 12; enter all military courses of 40hours/5 days or more in duration * item 15; enter Federal awards from item 9 (Command to which transferred), State Commendations, Citations, and awards * item 18; use this block to continue and other item on the form; enter all periods of active service during the current period of service 8. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) paragraph 2-1 states a member may earn a maximum of 60 points for IDT and membership points. However, annual statements will report all points earned. 9. The VA website provides the following information related to MGIB-SR. MGIB-SR provides education and training benefits to eligible members of the ARNG. Eligibility for the program is determined by the Selected Reserve component and the VA makes the payments. 10. Title 10 USC, chapter 1606 (Educational assistance for members of the Selected Reserve), section 16133(a) (Time limitation for use of entitlement) states the period during which a person entitled to educational assistance under this chapter may use such person’s entitlement expires on the date the person is separated from the Selected Reserve. 11. Title 10 USC, section 16136 states educational assistance under this chapter shall be provided through the VA. 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 incentive, award of an MOS, his change in MOS, the termination of his bonus without recoupment, the military education in his records, his total creditable service and his honorable discharge. The Board found that MGIB benefits fall under the purview of the VA. The Board found insufficient evidence of error in the applicant’s records regarding awards, pay, drill attendance or entries for military education to warrant further correction. Based on a preponderance of evidence, the Board determined that the termination of the applicant’s contracted incentive was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was 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: 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. 10/7/2020 X CHAIRPERSON 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 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 ABCMR determines it would be in the interest of justice to do so. 2. AR 15-185 (ABMCR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 3. DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 4. NGR 600-200 (Enlisted Personnel Management) states an NGB Form 22 will be prepared for every Soldier being separated from the ARNG or released from the custody and control of the military, unless the Soldier is being discharged for the purpose of immediate reenlistment, executes an interstate transfer, or the Soldier dies. * item 12; enter all military courses of 40hours/5 days or more in duration * item 15; enter Federal awards from item 9 (Command to which transferred), State Commendations, Citations, and awards * item 18; use this block to continue and other item on the form; enter all periods of active service during the current period of service 5. AR 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) paragraph 2-1 states a member may earn a maximum of 60 points for IDT and membership points. However, annual statements will report all points earned. 6. The VA website provides the following information related to MGIB-SR. MGIB-SR provides education and training benefits to eligible members of the ARNG. Eligibility for the program is determined by the Selected Reserve component and the VA makes the payments. 7. Title 10 USC, chapter 1606 (Educational assistance for members of the Selected Reserve), section 16133(a) (Time limitation for use of entitlement) states the period during which a person entitled to educational assistance under this chapter may use such person’s entitlement expires on the date the person is separated from the Selected Reserve. 8. Title 10 USC, section 16136 states educational assistance under this chapter shall be provided through the VA. //NOTHING FOLLOWS//