IN THE CASE OF: BOARD DATE: 16 February 2022 DOCKET NUMBER: AR20200008902 APPLICANT REQUESTS: in effect, reversal of the National Guard Bureau's decision that denier her exception to policy to retain the $20,000.00 Reenlistment/Extension Bonus (REB) in the Army National Guard (ARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email request for exception to policy * National Guard Bureau denial memorandum FACTS: 1. The applicant states the National Guard Bureau denied her exception to policy to retain the $20,000 REB because she moved into an active-duty position. It is her request that, as she has reenlisted for 6 years, when it is clear from the beginning, she would have reenlisted for only 3, and that she would not have accepted the AGR (Active Guard Reserve) position had she been advised correctly as she made clear in attached correspondence, she be excepted from EIOM 19-002, Section III, paragraph 2. Payment Rules (a) It was not by intention or fraud that that her eligibility under this rule was voided. She had every intention of adhering to the parameters of the bonus contract. The fact that she started an AGR position before the beginning of the bonus contract date was not by design to defraud the government, nor to gain an unfair or unmerited advantage over others. Due to a lack of understanding of the Selected Reserve Incentives Program (SRIP) policy by the Incentives Office, and what appears to be a significant delay in processing her bonus in Guard Incentive Management System (GIMS), her only recourse is a request for an exception to the current policy. 2. Review of the applicant's service records shows: a. She enlisted in the Army National Guard (ARNG) on 31 January 2013 and holds military occupational specialty (MOS) 74D (Chemical Operations Specialist). b. She was assigned to the 67th Chemical Company, Unit Identification Code WP8XXX. c. On 21 June 2019, she executed a 6-year extension of her enlistment. In connection with this extension, she signed Annex R (Reenlistment/Extension Bonus Addendum, ARNG). (1) She enlisted for the Six-Year DMOSQ (Duty MOS Qualified) REB and will receive a total amount of $20,000. Her incentive will be processed in two installments. The first 50 percent payment will be processed the day after her current ETS (31 December 2019) upon verification of her MOS and unit of assignment qualification in GIMS. The second 50 percent payment will be processed on the fourth year anniversary of her contract start date provided installment 1 was previously processed. (2) She would continue to be eligible for the bonus if she were performing Active Duty Operational Support (ADOS) or Full Time National Guard Duty for Operational Support (FTNGDOS) and will continue to meet the eligibility criteria for this contract provided she remained assigned in her contractual MOS and UIC. d. On 3 July 2019, she was ordered to Full Time National Guard Duty, with her consent, in an Active Guard Reserve status, reporting to another UIC, 52nd Civil Support Team, for a period of 3 years. e. On 15 April 2020, she submitted a request for an exception to policy to retain the incentive. She stated that (1) Prior to executing the 6-year extension, her unit first sergeant informed her that she would remain eligible for the incentive. , also prior to executing the extension, stated "If she isn't currently AGR she can extend for a bonus. As of right now current Soldiers with an incentive agreement who enter the AGR program with an effective date of 1 October 2018 through 27 September 2019 and continue to drill in or holds an AGR position of the same MOS for which the incentive was contracted may retain the incentive. To be guaranteed to keep the incentive [Applicant] will need to begin their AGR tour before 27 September 2019.” (2) Another sergeant told her "Incentive Policy does allow for the retention of a bonus when a SM becomes AGR and stays in their contracted MOS. However, NGB Incentives has identified that the SM must currently be serving under the incentive when they become AGR. In your case, you began AGR 20190701 and the bonus contract was not scheduled to begin until 20200101. As a result, we must terminate the bonus with no payments due.” f. On 13 July 2020, the NGB referenced the ARNG Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year 19 (Policy Number 19-01) effective 1 January 2019 and stated the applicant's ETP to retain the $20,000.00 REB is disapproved. The denial memorandum stated: (1) An ETP to retain the $20,000.00 REB is disapproved for the discrepancy: contracted as an Active Guard and Reserve (AGR) which violates Army Regulation 601- 210, paragraph 10-8a (4). (2) State enlisted/accessed: ; Unit Identification Code (UIC): WP8XXX, Date of agreement/enlistment: 21 June 2019, Contracted bonus addendum/agreement amount: $20,000.00, Contracted MOS: 74D; Current MOS: 74D (3) The discrepancy identified in paragraph 2 violates Army Regulation and the ARNG does not have the authority to approve the request to retain the incentive. The applicant’s AGR Tour (20190701 – 20220630) was in effect on the Soldier's Contract Start Date (20200101). The applicant was not eligible to receive the bonus on the Contract Start Date so EIOM 19-002, para 8 does not apply. As she did not receive any payments for this incentive, the State Incentive Manager (IM) will terminate the incentive without recoupment effective the Contract Start date, 1 January 2020. 3. ARNG Selective Reserve Incentives Program (SRIP) Policy Number 19-01), stated, in part, current Soldiers with an incentive agreement who enter the AGR program with an effective date of 1 October 2018 through 27 September 2019 and continues to drill in or holds an AGR position of the same MOS for which the incentive was contracted may retain the incentive. AGR personnel may not extend to receive incentives unless otherwise stated in the SRIP Policy. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to grant relief based on confusion within her unit. However, upon review of the applicant’s petition, available military records and the State Incentive Manager of the National Guard Bureau (NGB) opinion, the Board concurred with the advising official finding the applicant was not eligible to receive the bonus on the Contract Start Date so EIOM 19-002. The Board determined the applicant had an Army Guard & Reserve (AGR) tour for the following period (20190701 – 20220630) which was in effect on the Soldier's Contract Start Date (20200101). Based on this the Board determined relief was not warranted and denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING 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. 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 Selective Reserve Incentives Program (SRIP) Policy Number 19-01), stated, in part, current Soldiers with an incentive agreement who enter the Active Guard Reserve (AGR) program with an effective date of 1 October 2018 through 27 September 2019 and continues to drill in or holds an AGR position of the same MOS for which the incentive was contracted may retain the incentive. AGR personnel may not extend to receive incentives unless otherwise stated in the SRIP Policy. 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. //NOTHING FOLLOWS//