ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE:  24 October 2022 DOCKET NUMBER: AR20220001401 


APPLICANT REQUESTS: payment of his Selected Reserve Incentive Program (SRIP) bonus in the amount of $1,250.00. 


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 





























•DD Form 149 (Application for Correction of Military Record)•DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), 27 April 2012•National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 Non-Prior Service Critical Paragraph/Line Number Military Occupational Specialty(MOS) Enlistment Bonus Decentralized State Incentive Pilot Program Addendum Army National Guard of the United States), 27 April 2012•DD Form 1966 (Record of Military Processing – Armed Forces of the United States), 27 April 2012•DD Form 214 (Certificate of Release or Discharge from Active Duty), ending18 October 2013•Personal Memorandum, 22 October 2013•Puerto Rico Army National Guard (ARNG) Memorandum, Subject: Request for Exception to Policy, 26 November 2013•DA Form 4836 (Oath of Extension of Enlistment or Reenlistment),3 September 2020•SRIP bonus information sheet•Army National Guard (ARNG) Cancellation sheet•NGB Memorandum, Subject: Completing Closed Year Payments and Fiscal Year (FY) 21 SRIP Updated, 5 February 2021•ARNG Office of the G-1 Letter, 30 June 2021•ARNG Office of the G-1 Memorandum, 30 November 2021



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, UnitedStates Code, section 1552(b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 











2.The applicant states in pertinent part that he enlisted in the ARNG with a SRIP of$2,500.00 for the critical military occupational specialty (MOS) of 11C (Indirect Fire Infantryman). His initial ship date of 14 August 2012 was cancelled due to unpaid traffic violations and fines, and he had to ship on a new date of 2 July 2013. As a result, he was denied 50 percent of his enlistment bonus monies. He filed a request for an Exception to Policy (ETP) since he had met all other requirements for the SRIP. On 26 February 2014, he joined the Reserve Officers' Training Corps (ROTC) therefore he forfeited the entirety of his bonus. Years later he dropped from ROTC and on6 September 2018, he reenlisted for two-years and on 5 September 2020, he reenlisted for 6-years and qualified for a bonus of $20,000.00 and for the Student Loan Repayment Program, which as of the date of filing has not been paid.3.A review of the applicant's available service records reflects the following:a.On 27 April 2012, he enlisted in the ARNG for 8 years.b.NGB Form 600-7-1-R-E, dated 27 April 2012 was signed in conjunction with hisenlistment showing: 

(1)Section II Eligibility, "I am a Non-Prior Service (NPS) applicant enlisting into a


primary valid vacant position within the unit's 100 percent authorization fill. I have either never previously served in the U.S. Armed Forces, or I have served but never successfully completed 180 days or more of Initial Active Duty Training (IADT), and was never awarded a MOS. 6b, Bonus entitlement of $2,500.00 in MOS 11C. 

(2)Section IV (Incentive Amount and Payments):



a.Item 2, "I will forfeit 50 percent of the total incentive if I do not ship on theoriginal scheduled Initial Active Duty Training (IADT), ship date 14 August 2012." 

b.item 7, the incentive will be paid in three installments. First 50 percent
will be processed upon completion of IADT and verification of MOS qualification for which I enlisted or upon sufficient training to be deployable. The second 20 percent installment will be processed on the 3-year anniversary of the Soldier's date of enlistment, and the third and final 30 percent installment will be processed on the 5-year anniversary of the Soldier's date of enlistment. 

c.On 27 June 2013, Orders Number 3183010 was issued by the Military EntranceProcessing Station ordering him to active duty to complete IADT with a report date of 
2 July 2013. 





d. On 18 October 2013, DD Form 214 reflects completion of IADT Infantry One-Station Unit Training from 2 July 2013 to 18 October 2013 and he was honorably released from active duty and transferred to his ARNG unit.  e. On 1 November 2013, Orders Number 305-505 issued by the ARNG awarded him MOS 11C. f. On 27 June 2018, Orders Number 178-517 issued by the ARNG honorably discharged him from the ARNG. 



g.On 6 September 2018, he reenlisted in the ARNG for a period of 2 years.h.On 3 September 2020, DA Form 4836 was signed extending his term of service
for 6 years, and he continues to serve. 

4.The applicant provides the following:

a.Personal Memorandum, dated 22 October 2013, requesting an exception to
































policy (ETP) due to a delayed ship date for training from 14 August 2012 to 2 July 2013 for unpaid traffic violations. b. ARNG Memorandum, Subject: Request for ETP, dated26 November 2013, requesting ETP for the applicant to keep his SRIP in full rather than to forfeit 50 percent of the benefit.  c. SRIP bonus information sheet reflective of the actions performed by the NGB pertaining to his request for ETP. d. NGB Cancellation information sheet, dated 22 October 2013, reflective of his orders to IADT being canceled due to unpaid traffic violations. e. NGB Memorandum, Subject: Completing Closed Year Payments and FY 21 SRIP Update, dated 5 February 2021 requesting all states and U.S. Territories close out the Barring Act cases. f. ARNG, Office of the G1 Letter, dated 30 June 2021, notifying the applicant of his possible entitlement of a previously earned enlisted bonus payment. g. ARNG, Office of the G1 Memorandum, dated 30 November 2021, informing him that he was briefed on the overdue payment process established by the NGB on 5 February 2021. 



5.On 21 September 2022, the NGB, Chief, Special Actions Branch provided an advisory opinion recommending approval of the applicant's request citing in effect, the service member is entitled to payment of an unpaid enlistment bonus. As the NGB cannot process payments once the entitlement date reaches six fiscal years or older, the entitlement enters a "closed year" status regardless of the reason the incentive payment was not processed. Due to system errors, the incentive contract for the applicant could not be processed at the time in question. ARNG determined that he was eligible to receive his incentive from his initial enlistment contract. Based on documents provided by the applicant and the ARNG, this office recommends approval regarding his request.6.On 28 September 2022, the applicant was provided with a copy of the advisory opinion to provide a response. As of 13 October 2022, he did not respond.


BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered the applicant's contentions, the military record, and regulatory guidance.  The Board reviewed and concurred with the Army National Guard Bureau finding that through no fault of the applicant, his incentive contact could not be timely processed.  As a result, he did not receive the remaining portion  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 

:XXX :XXX :XXX 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 the applicant was eligible to receive the remaining payment of his Selected Reserve Incentive Program (SRIP) bonus and that it be paid.  




Microsoft Office Signature Line...






REFERENCES: 

1.Title 10, USC, section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Department of Defense Instruction 1205.21 (Reserve Component IncentivePrograms Procedures) paragraph 6.2 states, as a condition of the receipt of anincentive covered by this Instruction, each recipient shall be required to sign a writtenagreement stating that the member has been advised of and understands the conditionsunder which continued entitlement to unpaid incentive amounts shall be terminated andwhich advance payments may be recouped.  That agreement shall clearly specify theterms of the Reserve Service commitment that authorizes the payment of the incentiveto the member.

3.Title 31, USC, section 3702, is the 6-year barring statute for payment of claims bythe government. In essence, if an individual brings a claim against the government formonetary relief, the barring statute says that the government is only obligated to pay theindividual 6 years from the date of approval of the claim. Attacks to the barring statutehave resulted in litigation in the U.S. Court of Federal Claims. In the case of Prideversus the United States, the court held that the Board for Correction of Military Records(BCMR) is not bound by the barring act, that the BCMR decision creates a newentitlement to payment and the 6 years starts running over again, and that payment isautomatic and not discretionary when a BCMR decision creates an entitlement.


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