IN THE CASE OF: BOARD DATE: 27 April 2022 DOCKET NUMBER: AR20210012310 APPLICANT REQUESTS: correction of his rank at the time of his reenlistment to reflect the rank/grade of staff sergeant (SSG)/E-6 with entitlement to a corresponding higher Selective Retention Bonus (SRB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DA Form 1059 (Service School Academic Evaluation Report), dated 26 July 2019 * Orders Number 217-84, dated 5 August 2019 * DA Form 4789 (Statement of Entitlement to Retention Incentive), dated 6 September 2019 * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the U.S.), dated 6 September 2019 * DA Form 3286-79 (Statements for Reenlistment), dated 6 September 2019 * DA Form 3340 (Request for Continued Service in the Regular Army), dated 6 September 2019 FACTS: 1. The applicant states that at the time of his reenlistment, his rank was not properly reflected within the Defense Finance Accounting Service (DFAS) due to an error. In result, his reenlistment was processed at the rank/grade of sergeant (SGT)/E-5 rather than SSG which directly impacted his bonus entitlement. a. He was scheduled to graduate from his military course in September 2019. However, the DA Forms 1059 of his graduating class were incorrectly signed and dated prior to his actual graduation date. The U.S. Army Human Resources Command (HRC) returned the DA Forms 1059 for correction to the U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS) for correction. This action prevented Soldiers within this class from being promoted within the special promotion categories in a timely manner. Subsequently, the DA Forms 1059 were corrected, and their Dates of Rank (DOR) were adjusted accordingly. All of the Soldiers were required to meet the 36-month Service Remaining Requirement (SRR) in order to proceed on Permanent Change Station (PCS). b. Although the DA Form 1059 issue has been resolved, the Army released a new Military Personnel (MILPER) Message 19-261 on 23 August 2019. This newly released message changed the bonus tier table. The USAJFKSWCS retention team screened and counselled all Soldiers eligible to reenlist with regard to the impacts of the newly released message. The DA Forms 1059 were unable to be corrected in time prior to the expiration of the MILPER Message. In result, the impacted students were only afforded 2 options: reenlist under the current guidance at their present rank (lower) or wait, and reenlist under the new MILPER Message at a higher rank. The reenlistment was required based on the SRR. Most students were precluded from maximizing their bonus because they were more than 12 months from their current expiration term of service and they did not desire to reenlist for 6 years. They lost thousands of dollars because of the rank disparity. Collectively, the 34 Soldiers lost $214,900.00. c. The U.S. Army Special Operations Command (USASOC) Retention office contacted HRC, Retention Management Branch and requested to either issue antedated reenlistment contracts or corrected copies of reenlistment contracts authorized for the impacted students. In order for HRC to authorize an antedated or corrected copy, the contract must fulfill the Defective, Unfulfilled, or Erroneous (DUFE) requirements), which they did not since the data on the contracts were all correct as of the day of their reenlistment. HRC then directed that once the DA Forms 1059 were corrected and the DOR was updated the Soldiers could request an update to their military records through the Board process. USASOC Retention then reached out to Headquarters Department of the Army (HQDA), Retention and requested an Exception to Policy (ETP). Unfortunately, like HRC, their request was denied based on the same criteria. They were directed to seek relief through this Board. 2. A review of the applicant's available service records reflects the following: a. After serving in the U.S. Marine Corps, on 22 May 2017, the applicant enlisted in the Regular Army for 5 years at the rank/grade of specialist (SPC)/E-4. b. On 12 March 2018, the applicant began the Special Forces Communications Sergeant Course (SFCSC). c. On 4 June 2018, the U.S. Army Installation Management Command (IMC) issued Orders Number 155-92 promoting the applicant to the rank of SGT, effective on with a DOR of 1 May 2018. d. On 18 July 2019, IMC issued Orders Number 199-96 awarding the applicant Military Occupational Specialty (MOS) 18E2 (Special Forces Communication Sergeant) e. On 26 July 2019, the applicant completed the SFCSC. The corresponding DA Form 1059 reflects the applicant's rank as SGT. f. On 5 August 2019, IMC issued Order Number 217-84 promoting the applicant to the rank of SSG, effective on with a DOR of 1 August 2019. g. On 6 September 2019, the applicant reenlisted for 6 years. The corresponding DD Form 4, Section B (Agreements) reflects the applicant's rank as SGT with entitlement to a SRB at the tier 8 rate in MOS 18E2 ($27,500.00) in accordance with MILPER Message 19-188 paragraph 4. 3. The applicant provides the following a: a. DA Form 3286-79, dated 6 September 2019, reflective of the applicant meeting the eligibility requirements for reenlistment. b. DA Form 3340, dated 6 September 2019, reflective of the applicant's formal request for reenlistment 4. On 5 January 2022, the Department of the Army, Office of the Deputy Chief of Staff, G-1 – Chief, Military Personnel Enlisted Division provided an advisory opinion recommending approval of the applicant's request citing that due to no fault of the applicant, the processing of the DA Form 1059 was delayed by HRC school branch for administrative corrections. A timely processing of the DA Form 1059 would have led to an automatic promotion to SSG. The applicant was authorized a Tier 10, $48,200.00 for 39 months of additional obligated service under MILPER Message 19-188 if he had reenlisted as a SSG. Therefore, the applicant's additional money due if $20,700.00. His reenlistment contract should be corrected to read the rank of SSG and the DA Form 4789 should be corrected to reflect the correct dollar amount for that grade/term and the difference paid. 5. On 23 January 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 25 April 2022, the applicant had not responded. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was 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. Upon review of the applicant’s petition, available military records and the Department of the Army, Office of the Deputy Chief of Staff, G-1 – Chief, Military Personnel Enlisted Division advisory, the Board concurred with the advising official recommending approval, at no fault of the applicant. The Board determined; the processing of the DA Form 1059 was delayed by HRC school branch for administrative corrections. A timely processing of the DA Form 1059 would have led to an automatic promotion to SSG. The applicant was authorized a Tier 10, $48,200.00 for 39 months of additional obligated service under MILPER Message 19-188 if he had reenlisted as a SSG. In addition, the applicant's additional money due is $20,700.00. His reenlistment contract should be corrected to read the rank of SSG and the DA Form 4789 should be corrected to reflect the correct dollar amount for that grade/term and the difference paid. Based on this, the Board granted 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: 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 to show his rank at the time of his reenlistment to reflect the rank/grade of staff sergeant (SSG)/E-6 with entitlement to a corresponding higher Selective Retention Bonus (SRB). 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. Military Personnel (MILPER) Message 19-188, effective 1 July 2019 and may change after 1 August 2019 without further notice. Changes to the SRB program will be announced in a subsequent MILPER message. Eligible Soldiers in Career Management Field (CMF) 18 in the rank of SGT were entitled to a Tier 8 bonus, while SSG's were entitled to Tier 8. The total tier 7 entitlement for an additional service obligation of 48-59 or more months for a SGT = $27,500.00 (Tier 10) as a SSG = $48,200.00. 2. Army Regulation 601-280 (Personnel Procurement - Army Retention Program) outlines procedures for immediate reenlistment or extension of enlistment. The MOSs designated for the 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 total amount of the bonus will be determined by computing the Soldier’s additional obligated service. The SRB will be specified by MILPER message guidance. Upon reenlistment with an SRB, the Soldier must sign a written agreement. It will state that the Soldier has been counseled and understands the conditions under which continued entitlement to the SRB may be stopped and a pro rata portion of the advance, lump sum bonus payment recouped. This agreement will also clearly specify the terms of the active service commitment entitling the Soldier to a bonus. The agreement for an SRB recipient will be a DA Form 4789 (Statement of Entitlement to Selective Retention Bonus). Appendix L (Instructions for Completing DD Form 4) provides that corrections are not permitted to item 8 (Service, Period of Enlistment and Pay Grade) if errors are made in these areas a new form must be prepared. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012310 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1