ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20180016348 APPLICANT REQUESTS: Correction of his record to show: * the length of his Army National Guard (ARNG) enlistment was changed from 3 years to 2 years, 7 months, and 15 days to change his expiration term of service from the ARNG to 8 December 2014 * removal of DA [sic] Form 368 (Request for Conditional Release) * change his bonus addendum, dated 9 December 2014, of his U.S. Army Reserve (USAR) enlistment to show he qualified for the Duty Military Occupational Specialty Qualified (DMOSQ) $20,000.00 Prior Service Enlistment Bonus (PSEB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * U.S. Army Transportation School Certificate, dated 30 July 2002 * Orders Number 08-252-00049, dated 8 September 2008 * DD Form 4 (Enlistment/Reenlistment Contract Armed Forces of the United States), dated 24 April 2012 * Memorandum, Subject: Change 1 USAR Fiscal Year (FY) 2015 1st Half SRIP Policy Guidance for 1 November through 31 March 2015, dated 29 October 2014 * National Guard Bureau (NGB) Form 22 (report of Separation and Record of Service), dated 8 December 2014 * DD Form 4, dated 9 December 2014 * DA Form 5261 (Selected Reserve Incentive Program (SRIP) – USAR PSEB Addendum), dated 9 December 2014 * DD Form 368, dated 9 December 2014 * Orders Number 356-016, dated 22 December 2014 * Memorandum, Subject: USAR FY 2015 2nd Half SRIP Policy Guidance for 1 April through 30 September 2015, dated 31 March 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 11 June 2016 * Memorandum, Subject: Exception to Policy for the applicant, dated 27 April 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 (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 in pertinent part: a. The recruiter failed to properly research and explain his bonus eligibility. The SRIP list in effect at the time of his USAR enlistment clearly shows a $20,000.00 MOSQ bonus for a 6-year Troop Program Unit (TPU) enlistment for MOS 88N (Transportation Management Coordinator) which he earned in 2002 during his initial enlistment. Had the recruiter read said SRIP list he would have seen the requirement for ARNG Soldiers to complete their contract prior to enlisting in the USAR in order to be eligible for this bonus. The recruiter should have explained that eligibility requirement to him and he would have then waited the 135 days for his ARNG contract to expire prior to enlisting in the USAR. The recruiter instead prepared a bonus addendum for the will-train (non-DMOSQ) amount of $10,000.00 for an MOS he already had, insisting that once he got to his USAR unit, they would process the bonus without issue. While assigned to his USAR unit, he requested his bonus payment. When the unit submitted the bonus to finance, it was rejected on the grounds that the bonus was a non-DMOSQ bonus and as such, required a DA Form 1059 (Service School Academic Evaluation Report) from a reclassification course in order to be paid. Since he originally obtained the 88N MOS during his initial military service in 2002, there was no DA Form 1059 to produce (the proponent schoolhouse does not issue a DA Form 1059 for the initial MOS course, only certificates. b. In 2017, he brought the issue up with his USAR unit’s personnel section, hoping for a different resolution. At this time, it was discovered that the recruiter had executed the incorrect bonus based on the SRIP list in effect at the time. As he already had the 88N MOS, he was eligible for a $20,000.00 MOSQ bonus for a 6-year enlistment. Further, the FY15 SRIP list stipulated that any ARNG Soldiers must complete their contract prior to enlisting in the USAR to remain eligible for the prior service MOSQ bonus. The direction to be conditionally released from his ARNG contract prior to his ARNG ETS created a situation whereby he was no longer eligible for any USAR enlistment bonus. The recruiter instructed him, erroneously, that he needed to be released from his ARNG contract early in order to enlist in the USAR. Taking his instruction and guidance, he effected an early release from his ARNG contract, ultimately separating from the ARNG on 8 December 2014. 3. A review of the applicant’s service records show the following on: * 9 March 2001 – the applicant enlisted in the USAR for a period of 8 years in MOS 88N and served through one reenlistment * 24 April 2012 – the applicant enlisted in the Connecticut Army National Guard (CTARNG) for a period of 3 years * 8 December 2014 – the applicant was honorably discharged from the ARNG by reason of discharge for enlistment in another component of the Armed Forces, item 13 (Primary Specialty Number, Title and Date Awarded) shows 88N, 30 July 2002 * 9 December 2014 – the following documents were completed enlisting the applicant in the USAR: * DD Form 368; showing the applicant was a member of 1045th Transportation Company of the CTARNG and was requesting a conditional release to the USAR and it was approved by the Adjutant General * DD Form 4; showing the applicant enlisted in the USAR for a period of 6 years in the rank/grade of staff sergeant (SSG)/E-6 * DA Form 5261-5 showing in: * section 3 (Acknowledgement) item 4, he was not currently qualified as a 88N and was not qualified to receive the bonus until he was awarded the MOS * section 5 (Entitlement) he was eligible for a PSEB in the amount of $10,000.00 * 27 April 2018 – by memorandum, the applicant was informed his request for an Exception to Policy (ETP) to retain the $10,000.00 PSEB was disapproved because he had not completed his ARNG contract 4. The applicant provides: * U.S. Army Transportation School Certificate showing the applicant attended and completed MOS 88N training on 30 July 2002 * Orders Number 08-252-00049 showing the applicant was awarded MOS 88N as his primary MOS * Memorandum, Subject: Change 1 USAR FY 2015 1st Half SRIP Policy Guidance for 1 November through 31 March 2015, showing ARNG Soldiers must have completed their ARNG service obligation prior to transferring to a TPU to be eligible for the PSEB, and a $20,000.00 DMOSQ bonus for MOS 88N * Orders Number 356-016, issued by the Office of the Adjutant General, honorably discharged the applicant from the ARNG for enlistment in the USAR * Memorandum, Subject: USAR FY 2015 2nd Half SRIP Policy Guidance for 1 April through 30 September 2015, showing a 6 year PSEB MOSQ Soldier would receive a bonus up to $20,000.00 * DD Form 214 showing the applicant served in Kuwait in MOS 88N 5. On 6 May 2019, the NGB reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Special Actions Branch opined that, the applicant does not contend that there was an error with his conditional release from the CTARNG. His contract and release were both executed properly. His request is predicated on the belief that his recruiter was not adequately informed on the SRIP or bonuses that he qualified for thus causing him to lose potential incentives. It is the recommendation of their office the applicant’s request be denied. Since his request does not allege any wrongdoing or erroneous action on the part of any ARNG entity there is no justifiable reason to amend his records (Re-enlistment Contract & Conditional Release). Their office cannot provide any recommendation on the actions of the recruiter or the issuing of bonuses under the SRIP. Those matters should be directed to U.S. Army Recruiting Command and the USAR Command (USARC) respectively. 6. On 29 May 2019, the USARC reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Manning Division opined that, the applicant enlisted in the USAR on 9 December 2014, for a 6-year term with a $10,000.00 PSEB, in MOS 88N. The applicant was not eligible for the PSEB because he did not complete his ARNG contract. Army Regulation (AR) 601-210 (Active and Reserve Components Enlistment Program), chapter 10-13a(3) states "Soldiers also may not be released from one selected Reserve Component (RC) for the purpose of enlistment into a different selected RC for the PSEB." The applicant was released from the ARNG on 8 December 2014 and enlisted into the USAR on 9 December 2014. In addition, reference 1b (Change 1, USAR FY 2015 1st Half SRIP Policy Guidance for 1 November 2014 through 31 March 2015) states "Soldiers whose last assignment was in the Selected Reserve (SELRES) must have been out of SELRES for at least 12 months in order to be eligible for the PSEB. ARNG Soldiers must have completed their National Guard service obligation prior to transferring to a TPU to be eligible for the bonus. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 7. The applicant was provided with a copy of both advisory opinions to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 8. AR 601-210 paragraph 10-13, states a PSEB is offered to eligible applicants enlisting in the SELRES and complying with all of the following requirements: * received an honorable discharge * has not completed more than 16 years of total military service * is not being released from SELRES for the purpose of enlistment in the ARNG or USAR * must possess a bonus MOS * completes DA Form 5261-5 * must be DMOSQ for the position in which enlisting 9. Change 1, USAR FY 2015 1st Half SRIP Policy Guidance for 1 November 2014 through 31 March 2015 states, to be eligible for the PSEB ARNG Soldiers must have completed their ARNG service obligation prior to transferring to a TPU to be eligible for the bonus. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and two advisory opinions. The Board considered the applicant’s statement, his service in the ARNG and the reason for his separation, his MOS qualification upon enlistment in the USAR, the length of his service in the USAR and requested exception to policy and the reason for a denial. The Board found that based on his previous service, he was qualified in his MOS (88N) and IAW the SRIP in effect at the time, should have been offered a $20K bonus. The Board agreed that if the applicant had known he would forfeit the bonus by requesting early release from the ARNG, he would not have done so. Based on a preponderance of evidence, the Board determined that while the applicant served for 2 years, 7 months and 15 days as a member of the ARNG and was released to enlist in a different selected reserve component, he should be granted an exception to policy and receive the full amount of a PSEB ($20K) for his service in the USAR. 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 show: - the applicant was eligible for the PSEB, and a $20,000.00 DMOSQ bonus for MOS 88N at the time of his 9 December 2014 enlistment in the USAR; - he was granted an exception to policy for the bonus after completing less than 3 years of ARNG service, and; - that he remained eligible for the bonus payment as long as he completed the required USAR period of service IAW the enlistment contract. 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 showing that he completed three years of ARNG service and removal of the DA Form 368 (Request for Conditional Release). 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. ADMINISTRATIVE NOTE(S): Not Applicable 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 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. AR 601-210 (Active and Reserve Components Enlistment Program) paragraph 10-13, states a PSEB is offered to eligible applicants enlisting in the SELRES and complying with all of the following requirements: * received an honorable discharge * has not completed more than 16 years of total military service * is not being released from SELRES for the purpose of enlistment in the ARNG or the USAR * must possess a bonus MOS * completes DA Form 5261-5 * must be DMOSQ for the position in which enlisting 3. Change 1, USAR FY 2015 1st Half SRIP Policy Guidance for 1 November 2014 through 31 March 2015 states, to be eligible for the PSEB ARNG Soldiers must have completed their ARNG service obligation prior to transferring to a TPU to be eligible for the bonus. ABCMR Record of Proceedings (cont) AR20180016348 0 6 1