IN THE CASE OF: BOARD DATE: 25 October 2021 DOCKET NUMBER: AR20210010961 APPLICANT REQUESTS: * correction of his Date of Rank (DOR) to Staff Sergeant (SSG)/E-6 on his reenlistment contract * correct DA Form 4789 (Statement of Entitlement to Retention Incentive) to adjusted Selective Retention Bonus (SRB) based upon his updated rank APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Email correspondence * DA Form 1059 (Service School Academic Evaluation Report), dated 26 July 2019 * Orders Number 217-97, dated 5 August 2019 * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 6 September 2019 * DA Form 4789, dated 6 September 2019 FACTS: 1. The applicant states in pertinent part in a self-authored statement: a. In July 2019, class 314 was scheduled to graduate and their DA Forms 1059 were prepared incorrectly, DA Forms 1059 were dated and signed before the actual graduation, U.S. Army Human Resources Command (HRC) Schools Branch kicked the DA Forms 1059 back to the Special Warfare Center and School (SWCS) to be redone. This prevented the Soldiers in that class from being promoted with the Special Promotion Categories in a timely manner, their dates of rank would be adjusted once the DA Forms 1059 were completed correctly. All the Soldiers had to meet the 36-month Service Remaining Requirement (SRR) in order to PCS to their next duty station. b. While this DA Form 1059 issue was being resolved at SWCS the Army released a new SRB message, Military Personnel (MILPER) Message Number 19-261 which was released on 23 August 2019 and effective on 9 September 2019, this new SRB message dramatically changed the bonus tier table. The SWCS Retention team quickly screened every Soldier that was eligible to reenlist so that they could be properly counseled on the effects on the new SRB message. SWCS sent a career counselor on temporary duty to, to counsel each Soldier individually so they could take action off of the SRB message that was set to expire on 8 September 2019. The DA Forms 1059 were not able to be completed in time before the SRB message would expire. These students were given the only two choices that they were eligible for, reenlist under the old SRB at the lower rank or wait and reenlist under the new SRB at the higher rank. They had to reenlist because of the SRR. Most of the students could not max out the bonus because they were more than 12 months from their expiration term of service and they did not want to reenlist for 6 years. These Soldiers lost thousands of dollars in SRB entitlements because of the difference of reenlisting in the rank/grade of sergeant (SGT)/E-5 instead of the rank/grade of staff sergeant (SSG)/E-6. The total difference is $214,900.00 for all 34 Soldiers. c. The U.S. Army Special Operations Command (USASOC) Retention contacted HRC, Retention Management Branch and requested to either have antedated reenlistment contracts or corrected copies of reenlistment contracts authorized for these students. They knew that the DA Forms 1059 were being processed and they knew that their ranks would be backdated to reflect their graduation date. Technically all of their information was correct on the date of reenlistment and they were unable to process either an antedated or corrected contract. In order for HRC to authorize an antedated or corrected copy the contract must fulfill the DUFE requirements (Defective, Unfulfilled, or Erroneous), the data and the contracts were all correct as of the day of reenlistment and did not fit these criteria. HRC directed that once the DA Forms 1059 were corrected and the date of rank was updated the Soldiers could request an update to their military records by the Army Board for Correction of Military Records (ABCMR) process. USASOC Retention then reached out to Headquarters Department of the Army (HQDA), Retention and requested an Exception to Policy (ETP). Unfortunately, due to the same DUFE criteria HQDA was unable to process an ETP and said the only recourse was the ABCMR. Because of the unique nature of the situation and knowing the ABCMR process is very lengthy, HQDA submitted all 34 cases as a batch case to the ABCMR and attempted to get it expedited. 2. A review of the applicant's official records shows the following: a. On 27 June 2017, having had prior enlisted service in the Army National Guard, the applicant enlisted in the Regular Army. b. DA Form 1059 shows the applicant attended and completed the Special Forces Communications Sergeant Course on 26 July 2019. c. On 5 August 2019, Orders Number 217-97, issued by Headquarters, U.S. Army Garrison, Fort Bragg, NC, promoted the applicant to the rank of SSG in Military Occupational Specialty (MOS) 18E (Special Forces Communication Sergeant) effective 1 August 2019. d. DA Form 4789 shows the applicant was approved to reenlist for a Tier 8, $13,500.00 SRB in MOS 18E in accordance with MILPER Message Number 19-188 with additional obligated service from 27 June 2022 to 5 September 2023. 3. The applicant provides: a. Email correspondence wherein the applicant was informed to pursue his case with the ABCMR. b. DD Form 4 showing the applicant reenlisted on 6 September 2019. Remarks of the DD Form 4 shows SRB Tier 8, MOS 18E, lump sum authorized in accordance with MILPER Message Number 19-188, paragraph 4. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The applicant's contentions, military record, and regulatory guidance were carefully considered. Based on the preponderance of evidence available for review, the Board determined the evidence presented sufficient to warrant a recommendation for relief. 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: 1. The Board determined the evidence presented 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 to show * the effective Date of Rank to Staff Sergeant (SSG)/E-6 on his reenlistment contract as 1 August 2019 * the rank of Staff Sergeant (SSG)/E-6 on DA Form 4789 2. The Board further determined that the amount of the applicant's reenlistment bonus be recalculated based his rank of Staff Sergeant and he receive any monies due, the exact amount of which to be determined by DFAS. 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 Regulation 601-280 (Army Reenlistment Program) provides that Military Occupational Specialties (MOS) designated for the Selective Retention Bonus (SRB) Program will be announced by message from HRC Retention and Reclassification Branch. The SRB Program is a retention incentive paid to Soldiers who reenlist for a minimum of 3 years in a military skill designated as critical. The objective of the SRB Program is to increase the number of reenlistments in critical MOSs that do not have adequate retention levels to man the force. The bonus will be paid in addition to any other pay and allowances to which the Soldier is entitled. Soldiers who reenlist for training in a new Primary MOS (PMOS) designated as critical as announced by MILPER messages for an SRB will not receive their bonus payment until they have successfully graduated the associated training and are subsequently assigned in that Primary MOS. Soldiers who believe their contracts have been breached and that retention bonuses are involved will apply to the Army Board for Correction of Military Records (ABCMR). 2. MILPER Message 19-188 (Selective Retention Bonus Program) in effect at the time of the applicant's enlistment provides that Soldiers reenlisting may be entitled to a lump sum, flat rate SRB payment. Soldiers must currently possess a PMOS, rank, and TAFS with associated Skill Qualification Identifier (SQI), Additional Skill Identifier (ASI), or language code, if any, or be currently scheduled for training a listed PMOS, SQI or ASI. Soldiers in the rank of SSG, qualified in an 18 series MOS, qualify to receive a Tier 10 ($23,700.00) SRB for 12 months of additional obligated service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210010961 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1