IN THE CASE OF: BOARD DATE: 21 March 2022 DOCKET NUMBER: AR20220002174 APPLICANT REQUESTS: in effect, an exception to policy (ETP) to retain his $10,000.00 Reenlistment/Extension Bonus (REB) in the U.S. Army Reserve. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Reserve Annex, 30 June 2016 * Selected Reserve Incentive Program (SRIP)-United States Army Reserve (USAR) Prior Service Enlistment Bonus (PSEB) Addendum, 30 June 2016 FACTS: 1. The applicant states, in effect, that he signed a reenlistment contract which included a $10,000.00 REB. After completing all the requirements, he was denied the bonus. He would not have signed the contract or would have signed a different contract if he had been aware that the REB was not valid. The U.S. Army should honor his contract. 2. The applicant is currently a serving in the U.S. Army Reserve as a noncommissioned officer. 3. He enlisted in the U.S. Army Reserve (USAR) on 11 September 2003 and his contract included a Selected Reserve Incentive Program (SRIP) Enlistment Bonus in the amount of $2,000.00 for assignment in military occupational specialty (MOS) 55B, Army Ammunition Specialist. 4. He went on to complete additional reenlistments and on 30 June 2016, he reenlisted in the USAR for a period of 6 years. His reenlistment included a $10,000.00 PSEB (prior service enlistment bonus) for the completion of training (shown on his contract as "Will Train") in military occupational specialty (MOS), 92Y, Unit Supply Specialist. The SRIP- USAR PSEB Addendum associated with his reenlistment shows the applicant acknowledged understanding and agreed to the following conditions: a. Section VII (Termination), that his entitlement to the PSEB would terminate should he move to an MOS, or be reclassified in an MOS, other than for which contracted. This could result in recoupment action. However, bonus entitlement would not be terminated, and recoupment would not be sought if he remained assigned to a USAR Selected Reserve unit and was moved to another MOS for normal career progression, or when his unit was reorganized, relocated, redesignated, inactivated, or converted, or where the Chief, Army Reserve had approved the move. If not MOS qualified within 24 months of enlistment he would forfeit all entitlement to the enlistment bonus. d. Section IX (Statement of Understanding), he signed the contract agreement verifying, "I have read and understand each of the statements above and have had my questions satisfactorily answered. I understand the statements above are intended to constitute all promises and agreements, whatsoever, concerning my enlistment for PSEB. Any other promise, representation, or commitment made to me in connection with my enlistment for this bonus have been entered below in my own handwriting, or they are hereby waived." 5. The applicant completed Phase 1, Unit Supply Specialist Reclassification Course on 24 January 2017. 6. Orders 18-214-00013, published by Headquarters, 99th Readiness Division (RD- USAR), 2 August 2018 awarded the applicant the primary MOS (PMOS) of 92Y, and secondary MOS (SMOS) of 89B, Ammunitions Specialist, effective 2 August 2018. 7. Orders 20-345-00023, published by Headquarters, 81st RD-USAR, on 10 December 2020 awarded the applicant the PMOS 92Y3800 and SMOS 89B3O00, effective 5 February 2018. 8. On 23 March 2021, the Chief, Manning Division, U.S. Army Human Resources Command, denied the applicant's request for an ETP to retain the $10,000.00 PSEB. The USAR Command (USARC) G-1 official stated: a. The USARC G-1 disapproves the request for an ETP. The applicant enlisted in the USAR on 30 June 2016, for a six -year term and a $10,000.00 PSEB, in the MOS 92Y. The USAR Pay Center did not pay the PSEB because the applicant did not become MOS qualified within the required 24-months of his assignment to a Troop Program Unit in accordance with Army policy. b. In addition, the USAR Fiscal Year 2016 SRIP Policy, change 4, 8 June 2016, does not authorize the 92Y MOS as a Will-Train incentive. The 99th RD awarded the 92Y MOS to the applicant on 2 August 2018, which was outside the required timeframe by two months. The 99th RD then amended the MOS order to reflect the correct MOS course completion date of 5 February 2018, which was within the required timeframe. c. Army policy further states that bonuses are restricted to critical MOS's listed on the current SRIP. The SRIP did not offer incentives for Soldiers reclassifying to the 92Y MOS. Further review of the applicant's record revealed he previously received a $2,000.00 Enlistment Bonus in connection with his 11 September 2003 USAR enlistment. Department of Defense Instruction (DODI) 1304.31 prohibits a Soldier who has previously received an enlistment bonus from receiving subsequent enlistment bonuses. In this case, the accessioning agency failed to verify PSEB eligibility. The USARC G-1 did not have the authority to grant an exception in cases where DODI is concerned. 9. Regulatory guidance states Soldiers enlisted as "will train" have 24 months to acquire the critical MOS. 10. The Secretary of the Military Department concerned has the discretion to render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant enlisted in the USAR for 6 years on 30 June 2016, for a $10,000 PSEB, in the MOS 92Y. He did not complete MOS training within the required 24-months of his assignment to a USAR TPU. Additionally, the FY2016 USAR SRIP Policy, does not authorize the 92Y MOS as a Will-Train incentive. Bonuses are restricted to critical MOS listed on the current SRIP. The SRIP did not offer incentives for Soldiers reclassifying to the 92Y MOS. Based on the preponderance of the evidence, the Board determined relief is not warranted. ? 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: 1. DODI 1304.31, Enlisted Bonus Program, 5 November 2020, established policy assigns responsibilities, and prescribes procedures for a bonus payment, in accordance with Title 37, U.S. Code, Section 331. Eligibility Requirements for a Prior Service Reenlistment Bonus include: a. Not have previously received, or currently be entitled to, an SRB in accordance with this issuance or a critical skill retention bonus in accordance with Title 37, U.S. Code, Section 355, Special pay: Retention incentives for members qualified in critical military skills or assigned to high priority units. b. Successfully complete any additional training or retraining required to become technically qualified in a designated critical skill for which the member is projected to occupy. 2. Army Regulation 601-210, Personnel Procurement-Regular Army and Reserve Components Enlistment Program, provides eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army, the U.S. Army Reserve, and the ARNG. The regulation states: a. A cash bonus is offered to eligible applicants enlisting in the Selected Reserve and complying with all of the eligibility requirements outlined in paragraph 10-13a. A Soldier must possesses a bonus MOS or accepts training into an MOS as announced by Headquarters Department of the Army that is the same required by the Selected Reserve unit position vacancy- Soldiers enlisted as "will train" have 24 months to acquire the critical MOS. b. Entitlement to an incentive will be terminated when a Soldier fails to become MOS qualified or certified before the fulfillment of the service described in the member's written agreement. The member will not be eligible to receive any further incentive payments, except for service performed before the termination date. Termination of eligibility to an incentive will occur if a Soldier voluntarily moves to a non-bonus unit or MOS. 3. DOD Financial Management Regulation (FMR), volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), chapter 2 (Repayment of Unearned Portion of Bonuses and Other Benefits), section 0201 (General Provisions), provides that a member of the Uniformed Services who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as "pay or benefit"), is entitled to the full amount of the pay or benefit if the member fulfills the conditions of that pay or benefit. If the member fails to fulfill the service conditions specified in the written agreement for the pay or benefit, then the pay or benefit may be terminated and the member may be required to repay an amount equal to the unearned portion of the pay or benefit. Such repayment will be pursued unless the member's failure to fulfill specified service conditions is due to circumstances determined reasonably beyond the member's control. Conditions under which repayment will not be sought are set forth in section 0202. 4. DOD FMR, volume 7A, chapter 2, section 0202 (Repayment and Non-repayment Conditions), provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220002174 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1