IN THE CASE OF: BOARD DATE: 4 October 2023 DOCKET NUMBER: AR20220009171 APPLICANT REQUESTS: reversal of the U.S. Army Reserve Command’s denial of her exception to policy to retain and receive a $15,000 Prior-Service Enlistment Bonus (PSEB) in the military occupational specialty (MOS) 92F, Petroleum Supply Specialist, in the U.S. Army Reserve (USAR). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Supplemental Narrative * Email Sent Regarding Bonus Payment * U. S. Army Reserve Bonus Exception to Policy Request * Memorandum in reference to the Exception to policy * DD Form 4, Enlistment/Reenlistment Document * USAR Prior Service Enlistment Bonus Addendum * Fiscal Year 2020 U.S. Army Reserve Incentive Program Policy #20-03 FACTS: 1. The applicant states an exception to policy was submitter highlighting the reasons for not meeting time requirement for bonus. COVID -19 was the major reason could not receive a spot for MOS (military occupational specialty) reclassification school. Seating was limited. It was basically impossible to get a seating during such a horrible time If bonus cannot be paid to her due to an error made by the United States Army Reserves, the contract signed by her and the United States Army Reserves will be breached, by law. Therefore, releasing her of the six- year contract with an honorable discharge from The United States Army Reserves. There were discrepancies found on disapproval of exception to policy memo. This disapproval is invalid. 2. The applicant adds in a continuation statement a. She signed a six-year Army Reserves contract in January 2019 with a Prior Enlistment Bonus of $15,000 with a control number of [Number]. She was assigned to the 439th Quartermaster Company in at 375 Smith Street, Middletown CT. She attended 92F (Petroleum Supply Specialist) re-classification course in Fort Lee, VA on 21 May 2021, and she successfully received a 92F reclassification on 1 July 2021. On 7 December 2021, an Exception to Policy for her Prior Enlistment Bonus Payment was submitted highlighting the reasons for not meeting the bonus re-classification bonus regulation time frame. Highlighted COVID-19. On 9 February 2022, she received an email from ARA [Name] regarding the disapproval for the exception of policy. The email contained a PDF Attachment of the Memorandum of Disapproval and a short brief explanation from [Name] stating the following: “My apologies for bearing bad news, but in regard to your bonus the United States Army Reserve Command (USARC) G-1 has disapproved your exception to policy for payment. Please read the attached memo. In short, the bonus was August 1st, 2022, disapproved due to 3 consecutive APFT failures, and your past unsatisfactory participation history prior to being with the 439th. The recruiter who offered you the bonus did so erroneously as you were not eligible to receive one in the first place. You have the option to apply directly to the Army Review Board Agency, to pursue any perceived injustice. You're welcome to discuss this further with your leadership and the Commander during FEB BA (February Battle Assembly) to be referred to legal counsel. Regardless of the error made on the recruiters end, both policy and regulation stand against the processing of a bonus.” b. It is to her understanding that a bonus addendum cannot be manipulated in the system by personnel. Therefore, the bonus offered to her couldn’t be offered to her erroneously by the recruiter. The attached Memorandum stated the following: “MEMORANDUM FOR Commander, Headquarters, 377th Theater Sustainment Command, [Address]. SUBJECT: Exception to Policy for Applicant’s Name]. Reference 439TH Quartermaster Company, memorandum (Endorsement of USAR Bonus Exception to Policy Request. The United States Army Reserve Command (USARC) G-1 disapproves the request for exception to policy. [Applicant] enlisted into the United States Army Reserve (USAR) on 23 January 2019, for a six-year term with a $15,000 Prior- Service Enlistment Bonus (PSEB) in the Military Occupational Specialty (MOS) 92F, Petroleum Supply Specialist. The USAR Pay Center did pay the PSEB due to [Applicant] not becoming MOS qualified within the required 24-month timeframe. The 99th Readiness Division awarded [Applicant] her MOS on 21 July 2021, approximately six months outside the required timeframe. Army policy requires Soldiers to become MOS qualified within 24 months of their USAR assignment to be eligible for payment of the PSEB. Additional research revealed that [Applicant] failed three consecutive Army Physical Fitness Tests (APFTs) on 9 March 2019, 26 October 2019, and 21 August 2020. Army policy requires the termination and recoupment of a Soldier’s incentives if they fail two consecutive APFTs. In addition, [Applicant] was separated from the United States Army on 9 April 2018, for unsatisfactory participation due to repeated APFT failures in accordance with the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations). Department of Defense Instruction (DoDI) 1304.31, dated 12 March 2013, restricts eligibility of the PSEB to Service Members who have received an honorable discharge at the conclusion of all prior periods of service and who have participated satisfactorily for all periods of prior service in the active component and Selected Reserve (SELRES). [Applicant’s] DD Form 214, Certificate of Release or Discharge from Active Duty., dated 9 April 2018, characterizes August 1st, 2022, her service as honorable, however, the separation code annotates her service as unsatisfactory. In this case, the United States Army Recruiting Command (USAREC) failed to verify [Applicant’s] eligibility for the PSEB. The USARC G-1 does not have the authority to grant an exception to policy in cases where DoDI is concerned. The applicant may apply directly to the Army Review Board Agency, utilizing the DD Form 149, Application for Correction of Military Record, to pursue any perceived injustice. c. Some discrepancies were found following the review of the email and memorandum. Discrepancies are as follows: (1) The memo states that she failed 3 consecutive APFT to include one in August 2020, per her record, she has a PASSING APFT as of July 24, 2020. (2) This memorandum also included her Active Duty Service Honorable Discharge in which should have not been included in the memo since it does not pertain to this matter or her USAR contract. This was unjustifiable and does not highlight a reason for disapproval of payment by regulation. (3) It is believed that incorrect packet and forms were submitted. (439th QM CO S1 was not cooperative in giving her a copy of the paperwork that was submitted to Battalion S1) August 1st, 2022. d. She asks the Board to review regulations pertaining to this matter. Per USAR FY SRIP Policy #20-03, this is could be a Termination of Incentives with Recoupment. This is a lawful abiding contract signed by her and the United States Army Reserves. It should be abided by lawfully. She would like for this to injustice be corrected and receive her bonus. If this injustice cannot be corrected and bonus cannot be paid due to an error made by The United States Army Reserves, the six-year contract signed by her, and the United States Army Reserves will be breached by law. Therefore, releasing her of the six-year abided contract with an Honorable Discharge from The United States Army Reserves. 3. The issue of releasing the applicant from the U.S. Army Reserve if her bonus is not paid should be addressed to the applicant’s chain of command. Separation of enlisted Soldiers from the USAR for various reasons, are handled by the Soldier’s chain of command. 4. Review of the applicant’s service records shows: a. The applicant enlisted in the Regular Army on 7 November 2016, and she held military occupational specialties 42A, Human Resources Specialist, and 13J, Fire Control Specialist. b. She was honorably released from active duty on 9 April 2018 under the provisions of chapter 13 of AR 635-200 due to unsatisfactory performance/physical standards. She was assigned Separation Code JFT and Reentry Code 3. c. On 23 January 2019, she enlisted in the U.S. Army Reserve for 6 years. In connection with her enlistment, she signed a $15,000 Prior Service Enlistment Bonus Addendum, in MOS 92F for 6 years. * She indicated she is eligible for a prior service enlistment bonus as specified below * She has less than 16 years of military service and she is enlisting for 6 years for a bonus of $15,000 The initial payment will of 50% paid upon award of the MOS. The remainder will be paid as follows: 25% at the end of her second and fourth satisfactory service in a USAR Selected Reserves Unit. * She must become MOS qualified within 12 months if on the job training (OJT) is required, or within 24 months if attendance at a service school is required. * If she is not MOS qualified within 24 months of enlistment, she would forfeit all entitlements to the enlistment bonus d. She completed Phase I of MOS 92F training from 4 to 17 June 2021 and Phase II from 18 June to 1 July 202 e. On 7 December 2021, the applicant submitted a request to the USARC G-1 request an exception to policy for the payment of her prior service enlistment bonus as at not fault of her own was not able to obtain MOSQ within 24 months of signing her contract. She stated due to an administrative record error, she was unaware of, she erroneously reflected as holding a 92F MOS upon assignment and was not identified as needing to be scheduled for re-class school. Once the error was identified and corrected, the delay had no control over elapsed into the COVID-19 pandemic, which delayed the scheduling of her re-class even further because of class cancelations and reduced class sizes. The earliest class her unit was able to reserve a seat for was in May of 2021. She attended, graduated, and obtained MOSQ of 92F on 21 July 2021. She was not able to obtain MOSQ within the 24 months stipulated in her bonus addendum, but this is at no fault of her own. Administrative errors and a global pandemic were the cause of her prolonged re-class delay. f. On 3 February 2022, the USARC G-1 denied her request for the following reasons: * the applicant did not become MOS qualified within the required 24-month timeframe. She became MOS qualified on 21 July 2021, approximately six months outside the required timeframe. * The applicant failed three consecutive Army Physical Fitness Tests (APFTs) on 9 March 2019, 26 October 2019, and 21 August 2020. * The applicant was previously separated from active duty for unsatisfactory participation due to repeated APFT failures; although she received an honorable discharge, she was assigned a Separation Code that made her ineligible for the bonus BOARD DISCUSSION: 1. 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. Upon review of the applicant’s petition, available military records and the Headquarters, U.S. Army Reserve Command -Director Resource Management, G-1 advisory opinion, the Board concurred with the advising official finding the applicant did not become MOS qualified within the allotted 24-month period and failed three consecutive Army Physical Fitness Tests (APFTs). The Board noted, in the opine the applicant was ineligible to receive her bonus based on her previous separation from active duty for unsatisfactory participation due to repeated APFT failures. 2. Based on the preponderance of evidence, the Board agreed the applicant’s recruiter did not properly verify that the applicant was eligible for the Prior-Service Enlistment Bonus (PSEB). The applicant’s records reflect she was released from active duty with a separation code that aligns with her service being unsatisfactory. Although the applicant enlisted into the United States Army Reserve (USAR) on 23 January 2019, for a six- year term with a $15,000 Prior-Service Enlistment Bonus (PSEB) in the Military Occupational Specialty (MOS) 92F, Petroleum Supply Specialist. The Board agreed, the applicant was not entitled or eligible for the bonus based on regulatory guidance. The Board found insufficient evidence to support reversal of the U.S. Army Reserve Command’s denial of her exception to policy to retain and receive a $15,000 Prior- Service Enlistment Bonus (PSEB) in the military occupational specialty (MOS) 92F, Petroleum Supply Specialist, in the U.S. Army Reserve (USAR). The Board denied relief. 3. Per Department of Defense Instruction (DoDI) 1304.31-dated 12 March 2013, restricts eligibility of the PSEB to Service Members who have received an honorable discharge at the conclusion of all prior periods of service and who have participated satisfactorily for all periods of prior service in the active component and Selected Reserve (SELRES). BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :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: U.S. Army Reserve, Fiscal Year 2020 Selected Reserve Incentive Program Policy Memo 20-03 is designed to assist the USAR in meeting leadership's end strength, readiness, and force balancing objectives. It provides recruiting and retention incentives to assist in filling critical shortages. Incentives are implemented to support unit and occupational skill staffing requirements. All incentives are subject to the availability of funds, which may change without notice. a. Prior Service Enlistment Bonus (PSEB) is authorized IAW U.S.C. Title 37, Chapter 5, Subchapter II, Sections 331, DoDI 1304.31, AR 601-210, and applicable policies. Soldiers must meet the eligibility criteria for enlistment in the USAR as a PS applicant as prescribed by AR 601-210. The PSEB is for USAREC prior service applicants only. Bonuses are subject to the availability of incentive funds, which may change without notice. Soldiers may contract for both the cash bonus and education incentives. b. Soldiers must be DMOSQ (Duty MOS Qualified) within 24 months of the date of contract execution to be eligible to receive payment of the bonus. c. Options and Payment. DMOSQ Soldiers must attend a unit training assembly for bonus payment to be initiated. Units will submit NDMOSQ PSEB to finance for payment once the Soldier is DMOSQ. The incentive is payable in lump sum or installments up to $20,000 for DMOSQ Soldiers. Soldiers receive 50% of the bonus amount upon assignment, and the remainder will be paid incrementally at 25% on the 2nd and 4th year anniversary date of the contract. c. Termination of Bonus: The incentive is terminated if the Soldier fails two consecutive record APFT or HT/WT within the contractual term. The effective date of termination is the date of the second record APFT or HT/WT failure. A Soldier who fails to become DAOCQ/DMOSQ within 24 months, plus periods of deployment, will have their incentive terminated effective the date of the transfer into the new MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009171 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1