IN THE CASE OF: BOARD DATE: 9 May 2022 DOCKET NUMBER: AR20210017109 APPLICANT REQUESTS: reversal of the decision by the U.S. Army Reserve Command (USARC) to deny him payment of $15,000 prior service enlistment bonus (PSEB) in the U.S. Army Reserve for his November 2018 enlistment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document) * Record of Military Processing * Prior Enlistment Bonus Addendum * Military Occupational Specialty (MOS) Orders * Request for an Exception to Policy * Denial of Exception to Policy FACTS: 1. The applicant states the contract he signed to return to the military in November 2018 included a bonus of $15,000 that was not paid even though he met all training requirements and has remained in good standing in the military since return to service. He returned to military service in November 2018 with a $15,000 bonus promised. He gave all records to Military Entrance Processing Station and recruiter. He was told after applying for the bonus that he was ineligible due to regulation regarding bonuses as well as time in service. He applied for the Exception to Policy through his chain of command to the U.S. Army Reserve Command (USARC) G1 as required. He was informed via memorandum that he was not eligible and "the accessioning agency failed to verify PSEB eligibility." He was also informed that USARC G-1 does not have the authority to grant an exception in cases where Department of Defense Instructions (DODI) is concerned. A large reason for his return to military service was the promised bonus. He requests that the contract he signed be honored and the bonus paid. 2. Review of the applicant's service records shows: a. He enlisted in the USAR on 18 November 1999. In connection with this enlistment, the applicant signed and received an enlistment bonus. He held MOS 77F (Petroleum Supply Specialist). This MOS later became 92F. b. He reenlisted on 11 September 2005. In connection with this reenlistment, he also signed a bonus addendum agreeing to serve for 6 years in exchange for a $15,000 prior service enlistment bonus. c. He again reenlisted in the USAR for 6 years on 19 April 2012. In connection with this reenlistment, he also signed and received a prior service enlistment bonus. d. He was honorably discharged from the USAR on 16 April 2018 due to expiration of his service obligations. He had completed over 18 years of service. e. He enlisted in the USAR on 16 November 2018. In connection with this enlistment, he signed a USAR Prior Service Enlistment Bonus. He indicated that he is eligible for a prior service enlistment bonus. He also indicated that he has less than 16 years of military service and he is enlisting for 6 years for a bonus of $15,000. f. On 6 March 2021, he submitted an exception to policy for payment of said bonus. He stated: (1) He is requesting an Exception to Policy for payment of PSEB listed on his enlistment contract dated 20181116. After adjustments to his records during records review resulted in a correction to his time in service, he was found to be ineligible for his PSEB bonus with control number in the amount of $15,000.00. (2) He provided all service records and documents upon application for enlistment showing his break in service as less than 12 months as well as prior bonuses received and was informed that he was eligible for a PSEB in the amount of $15,000.00. This was a deciding factor in his choice to return to military service. (3) He entered into this contract in good faith according to what my contract stated and the non-payment of the listed bonus is creating a financial hardship for his family. g. On 8 July 2021, the United States Army Reserve Command (USARC) G-1 disapproved the request for exception to policy. The disapproval memorandum stated: (1) Applicant enlisted in the USAR on 16 November 2018, for a six-year term with a $15,000 Prior Service Enlistment Bonus (PSEB) in the MOS 92F, Petroleum Supply Specialist. The USAR Pay Center did not pay the PSEB because the applicant previously received an Enlistment Bonus (EB) in connection with his 18 November 1999 enlistment; Selective Retention Bonus (SRB) in connection with his 11 September 2005 reenlistment; PSEB in connection with his 19 April 2012 enlistment, and had over 16 years at the time of contract execution. (2) Department of Defense Instruction (DoDI) 1304.31 dated 12 March 2013 prohibits a Service Member (SM) who has previously received an EB or SRB from receiving subsequent enlistment bonuses. It also restricts eligibility for the PSEB to SM’s who have less than 16 years of total military service. In this case, the accessioning agency failed to verify PSEB eligibility. USARC G-1 does not have the authority to grant an exception in cases where DoDI is concerned. (3) The applicant may apply directly to the Army Review Board Agency for Correction of Military Records to pursue any perceived injustice. h. On 1 December 2021, the U.S. Army Human Resources Command issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter). BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. One possible outcome was to grant the applicant relief; however, the governing regulation prohibits a Service Member (SM) who has previously received an EB or SRB from receiving subsequent enlistment bonuses. The Board determined the applicant does not warrant relief in this case. 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: Department of Defense Instruction 1304.31, Enlisted Bonus Program, establishes policy, assigns responsibilities, and prescribes procedures for a bonus payment, in accordance with Section 331 of Title 37, United States Code (U.S.C.), to persons or members (defined in the Glossary) who Enlist in a Military Service; Affiliate with a Reserve Component of a Military Service; Reenlist, voluntarily extend an enlistment, or otherwise agree to continue to serve in a Military Service; Transfer between Regular and Reserve Components of the Military Service; or Transfer from one Military Service to another. It also identifies eligibility criteria and other requirements for an enlisted bonus payment in accordance with Section 331 of Title 37, U.S.C.. The Secretaries of the Military Departments may pay a bonus in accordance with the EBP to a person or member in the Military Services who: (1) Enlists in a Regular or Reserve Component of a Military Service; and several others (not applicable here). I. Paragraph 3.1, General Procedures: a. Eligibility. Pursuant to Paragraph 3.1.a., the Secretaries of the Military Departments may pay a bonus to a person or member who: (1) Signs an agreement with the Secretary of the Military Department concerned to serve on active duty or in an active status for a specified period: (a) In a designated military specialty or skill, career field, unit, grade; or (b) To meet other condition(s) imposed by the Secretary of the Military Department concerned. (2) Successfully completes training and becomes qualified in a designated skill or career field, if completion of such training and technical qualification forms the basis for which the bonus is paid (3) Qualifies pursuant to any additional eligibility criteria prescribed by the Secretary of the Military Department concerned. (4) Meets the additional eligibility criteria outlined in Section 4 for each bonus type (i.e., enlistment, affiliation, reenlistment, retention, or transfer). (5) Is not in receipt of an affiliation, enlistment, reenlistment, retention, or transfer bonus for the same period of service. (6) Will not exceed the mandatory retirement or high-year tenure date during the specified period of obligated service for which the bonus is paid. (7) Is not serving a service obligation, except as noted in Paragraph 3.1.c.(4). II. Paragraph 4.3. Prior Service Reenlistment Bonus. a. a. General. The Secretary of the Military Department may offer a prior service reenlistment bonus to individuals with previous military service who reenlist in a Regular or Reserve Component of a Military Service after a break in active duty or reserve duty. b. Eligibility Requirements for a Prior Service Reenlistment Bonus. In addition to the eligibility requirements in Paragraph 3.1.b., an individual must: (1) Not have previously received, or currently be entitled to, an SRB in accordance with this issuance or a critical skills retention bonus in accordance with Section 355 of Title 37, U.S.C. (2) Not have more than 16 years of total military service and have received an honorable discharge at the conclusion of all previous periods of service. (3) Not have been released, or not be released, from active duty for the purpose of enlistment in a Reserve Component. (4) Provide either: (a) The original DD Form 214 (copy 1 or copy 4); (b) A reproduction of the DD Form 214 with a certified true copy stamp and the appropriate Federal Government authenticating seal imprinted on the reproduction for any period of previous military service; or (c) Other official documentation verifying member’s satisfactory participation for all periods of previous service in the Active Component and Selected Reserve. (5) Successfully complete any additional training or re-training required to become technically qualified in a designated critical skill for which the member is projected to occupy. (6) Reenlist for at least 3 years in the Regular or Reserve Component of a Military Service for the purpose of qualifying for award of a prior service reenlistment bonus in accordance with this issuance. (7) Execute an agreement to serve as an enlisted member in the Regular or Reserve Component of a Military Service for a period of not less than 3 years upon acceptance of the agreement by the Secretary of the Military Department concerned. (2) Members who receive a bonus in accordance with Section 334a of Title 37, U.S.C. are not eligible for a bonus pursuant to this issuance. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210017109 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1