IN THE CASE OF: BOARD DATE: 20 January 2023 DOCKET NUMBER: AR20220003094 APPLICANT REQUESTS: * Receipt of his Affiliation Bonus adjusted based upon the U.S. Consumer Price Index annual inflation rate for the year the bonus was signed * A personal appearance before the Board via video or telephone APPLICANT'S SUPPORTING DOCUMENT(S) 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), 4 June 2010 * Statement of Understanding, The Montgomery GI Bill (MGIB) Selected Reserve, 4 June 2010 * Certificate and Acknowledgment, U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment, 4 June 2010 * Student Loan Repayment Program (SLRP) Addendum, 4 June 2010 * SRIP - Enlistment Bonus Addendum, 4 June 2010 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 24 November 2010 * DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Nonscholarship Cadet Contract), 8 February 2011 * Written Agreement - U.S. Army Reserve Officer Warrant Officer Affiliation Bonus Acknowledgement, 15 July 2016 * Orders Number 200-1011 issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, 18 July 2016 * DD Form 214, 15 January 2017 * Personnel Action Packet Checklist, 19 August 2021 * DA Form 1059 (Service School Academic Evaluation Report), Period Covering 28 August 2020 to 25 September 2020 * Email Correspondence, Subject: Affiliation Bonus, 10 March 2021 * Self-Authored Statement, Subject: Exception to Policy (ETP) Recommendation, 21 May 2021 * 312th Psychological Operations Company (Tactical) Memorandum For Record, Subject: ETP Recommendation, 21 May 2021 * Regional Level Application Software (RLAS) Unit Manning Report, prepared 9 August 2021 * Memorandum, Subject: ETP for the applicant, 8 November 2021 * Email correspondence, 23 January 2022 * Officer Record Brief (ORB), 8 December 2016 FACTS: 1. The applicant states he fulfilled the qualification requirements for the Active Duty to USAR affiliation bonus. The bonus should be paid adjusted based upon the annual inflation rate. The transition incentive was the critical factor in his family's decision making process. 2. The applicant's service record shows: a. On 4 June 2010, the applicant enlisted in the USAR. In conjunction with this enlistment Certificate and Acknowledgment, USAR Service Requirements and Methods of Fulfillment (Reserve Annex) was completed showing the applicant incurred a contractual obligation to serve 6 years as an assigned member of a Troop Program Unit (TPU) in the Selected Reserve and 2 years as an assigned member of the Individual Ready Reserve (IRR) unless he voluntarily elected to remain assigned and continue to satisfactorily participate as a member of a TPU. He was authorized for a $5,000.00 Non-Prior Service Enlistment Bonus (NPSEB) in Military Occupational Specialty (MOS) 92A (Automated Logistical Specialist) and a $10,000.00 SLRP incentive. b. SRIP - Enlistment Bonus Addendum, dated, 4 June 2010, shows the applicant was entitled to the NPSEB in the amount of $5,000.00. He would receive the initial payment of 50 percent after completing Initial Active Duty Training and qualifying in the MOS. The remaining unpaid portion would be paid in two subsequent payments of 25 percent of upon the successful completion of the 2nd and 4th year of the enlistment term of service. c. DD Form 214, shows he entered active duty for training (ADT) from 6 July to 24 November 2010, completed training in MOS 92A, and was honorably released from ADT. . d. Orders Number 098-201-A-2747 issued by Headquarters, U.S. Army Cadet Command, dated 8 April 2013, ordered the applicant to active duty with a reporting date of 16 August 2013. He was selected for temporary duty at the Leader's Training Course from 2 July 2013 to 14 August 2013. He was scheduled to attend the Infantry Basic Officer Leadership Course from 25 August 2013 to 19 December 2013. e. DA Form 71 (Oath of Office – Military Personnel), dated 18 May 2013, commissioned the applicant as a Reserve officer in the rank/grade of second lieutenant (2LT)/O-1. f. DD Form 214, ending on 15 January 2017, shows the applicant was honorably released from active duty. (1) Block 12a (Date Entered Active Duty This Period) – 1 July 2013. (2) Block 12c (Net Active Service This Period) – 3 years, 6 months, and 15 days. (3) Block 12d (Total Prior Active Service) – 0 years, 4 months, and 19 days. (4) Block 12e (Total Prior Inactive Service) – 2 years, 8 month, and 8 days. (5) Block 18 (Remarks) – Release from active duty pursuant to unqualified resignation constituted acceptance of appointment as a Reserve commissioned officer. g. U.S. Army Human Resources Command (HRC) Memorandum, Subject: Appointment as a Reserve Commissioned Officer of the USAR, dated 16 January 2017, commissioned the applicant as a Reserve officer in the California USAR with the Specialty Skill Identifier 11A (Infantry Officer). h. Orders Number B-09-705071 issued by HRC, dated 12 September 2017, promoted the applicant to the rank/grade of captain (CPT)/O-3, effective 25 April 2017. 3. The applicant provides: a. Statement of Understanding, MGIB Selected Reserve, dated 4 June 2010, showing the applicant understood the obligation and eligibility requirements for entitlements under the Selected Reserve MGIB which provided financial assistance for educational programs approved by the Department of Veterans Affairs (VA). b. DA Form 597, dated 8 February 2011, outlined the applicant's contractual agreements and obligations under the ROTC Nonscholarship program. He attended from 24 January 2011 to 18 May 2013. c. Written Agreement - USAR Officer Warrant Officer Affiliation Bonus Acknowledgement, dated 15 July 2016, outlined the applicant's obligation and participation requirements for entitlement under the SRIP. (1) Section III (Acknowledgement) - The applicant agreed to serve in the Selected Reserve Area of Concentration (AOC) 37A (Psychological Operations) and to complete AOC training in AOC 37A within 24 months of affiliation date. (2) Section IV (Obligation) – The applicant agreed to incur a 3 year term of obligation, serve in the Selected Reserve for the duration of the agreement, and serve satisfactorily for the complete affiliation period in the Selected Reserve (3) Section V (Entitlement) – The applicant was eligible for an Affiliation Bonus by affiliating from active duty status as a Prior Service applicant into a USAR Selected Reserve unit for $20,000.00. He would receive the bonus, paid in one lump sum upon the later of his assignment to the designated position, unit, or pay grade or upon completion of AOC training. Failure to commence or complete the service obligation incurred would result in recoupment of a portion of the bonus. (4) Section VI (Termination) – The applicant understood that if his entitlement to the affiliation bonus was terminated, he would be subject to recoupment for the following: * Failure to participate satisfactorily in training and duty with the Selected Reserve during the entire period of service obligation, unless the failure was due to reasons beyond his control * A voluntarily move to a non-bonus skill, unit, or grade * Failure to become AOC qualified within 24 months * Accepting of a Military Technician or an Active Guard/Reserve position where membership in the Selected Reserve is a condition of employment * Exceeding the maximum period authorized for suspension during a period of non-availability * Refusal of unit transition, reduction of overstrength, reduction in force, or reassignment (4) Section VII (Recoupment) – The applicant understood that if his entitlement to the affiliation bonus was terminated, he would be subject to recoupment action. d. Orders Number 200-1011 issued by the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Drum, dated 18 July 2016, amended Orders Number 148-1002 issued by Headquarters, U.S. Army Garrison on 27 May 2016, to change the applicant's assignment from USAR Control Group (IRR) to Headquarters, 312th Psychological Operations Company e. Personnel Action Packet Checklist dated 19 August 2021, which outlined the documents forwarded to the USAR, G-1 for final approval. f. DA Form 1059, period covering 28 August 2020 to 25 September 2020, shows the applicant completed the Psychological Operations Captains Career Course. g. Email Correspondence, Subject: Affiliation Bonus, dated 10 March 2021, between the 312th Psychological Operations Company and the 99th Readiness Division regarding action on the applicant's affiliation bonus. It was noted that his case was missing his award of AOC 37A memorandum and USAR Form 23-R (SRIP Adjustment Certification Worksheet). A DA Form 1059 would not be accepted in lieu of the AOC memorandum and USAR Form 25-R would not be accepted in lieu of USAR Form 23-R. A properly completed Officer Affiliation Bonus (OAFB) packet should be submitted with a OAFB Checklist and required documentation. h. Self-Authored Statement, Subject: ETP Recommendation, dated 21 May 2021, in which the applicant requested ETP to extend the allowable qualification time to become AOC qualified beyond 24 months to receive his $20,000.00 transition incentive. He stated: (1) The qualification for the Psychological Operations is a four phase process. Phase I and Phase III were distance learning and Phase II and Phase IV were 29-day residence courses. (2) He reported to the 312th Psychological Operations Company on 16 January 2017 and immediately enrolled in Phase I which was completed in March 2017. He enrolled in the first available Phase II course scheduled in July 2017; however, the Army Training Requirements and Resources System did not reflect completion of Phase I until Fiscal Year 2017. As a result, his July 2017 course reservation for Phase II was canceled. He immediately sought reenrollment; however, due to a backlog of officers waiting for the Psychological Operations course and Operation Orders 17-089 which prioritized officers with more time-in grade, his enrollment applications were rejected. He was able to complete Phase II in July 2019; which was his first opportunity. He completed Phase Ill in July 2020 and Phase IV in September 2020. (3) His 24-month allowance for branch qualification expired in January 2019, but he requested ETP through September 2020 since the capacity of the training pipeline did not permit him to complete training. i. 312th Psychological Operations Company (Tactical) Memorandum For Record, Subject: ETP Recommendation, dated 21 May 2021, in which the applicant's immediate commander approved his request for ETP to allow receipt of his $20,000.00 transition incentive. j. RLAS Unit Manning Report, prepared 9 August 2021, showed the position and incumbent data for Headquarters and Headquarters Company, 2nd Psychological Operations Group. The applicant was assigned as a Psychological Operations Officer. * Paragraph/Line – 102/01 * AOC – 37A * Grade – CPT * Date Assigned to Unit – 13 November 2020 * Position Assignment Date – 13 November 2020 * Date of Rank – 25 April 2017 k. Headquarters, USAR Command Memorandum, Subject: ETP, dated 8 November 2021, denied the applicant's ETP request for a $20,000.00 OAFB in the AOC 37A. It was determined that USAR Command, G-1 does not have the authority to grant an ETP where Department of Defense Instruction (DODI) is concerned. (1) The applicant did not become AOC qualified within 24 months of his USAR assignment. He was awarded AOC 37A on 24 November 2020, approximately 28 months outside the required timeframe. His unit confirmed that the delays in training were due to restructuring of the 37A course, which resulted in numerous course cancellations. (2) The applicant entered military service on 4 June 2010 which established his initial statutory military service obligation of 3 June 2018. He was serving under his initial 8-year statutory military service obligation and Senior ROTC contractual service obligation at the time of affiliation. (3) On 24 January 2011, the applicant entered into a Senior ROTC contractual agreement that stipulated he would incur a military service obligation not to exceed 8 years upon appointment. He was appointed on 18 May 2013, which established a contractual military service obligation of 17 May 2021. (4) On 26 September 2012, the applicant signed a ROTC Post for Active Duty Service Obligation (ADSO) contract. DODI 1304.34 (General Bonus Authority for Officers) required officers to complete all military service obligations to be eligible for the OAFB. The applicant's statutory and contractual service obligations made him ineligible for the OAFB at the time of affiliation. The accessioning agency failed to verify his eligibility for the OAFB. l. Email Correspondence, Subject: Requesting Secondary Review for Bonus, Please Review, dated 23 January 2022, in which the applicant requested reconsideration of his ETP. He stated that he satisfied the five qualification requirements to be eligible for the affiliation bonus. He met his service obligations since he submitted an unqualified resignation that was vetted by HRC and approved after meeting his service obligations. His ADSO was signed but voided since the unit was deactivated and his tour was unaccompanied. His last ORB shows he was active duty and his DD Form 214 reflects that all obligations were met. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted as a matter of compassion. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The Board reviewed and agreed with the advisory official’s finding that the applicant did not become AOC qualified within 24 months of his USAR assignment. He was awarded AOC 37A on 24 November 2020, approximately 28 months outside the required timeframe. His unit confirmed that the delays in training were due to restructuring of the 37A course, which resulted in numerous course cancellations. However, the applicant provided evidence that showed He enrolled in the first available Phase II course scheduled in July 2017; however, the Army Training Requirements and Resources System did not timely reflect completion of Phase I which resulted in cancellation of his reservation for Phase II, and when he sought reenrollment; there was a backlog of officers waiting. He even attempted to extend the allowable qualification time to become AOC qualified beyond 24 months. to receive his $20,000.00 transition incentive. Contrary to the advisory opinion, the Board determine that the applicant’s intent and efforts were leading towards completing AOC qualifications within 24 months, as stipulated in his Written Agreement - USAR Officer Warrant Officer Affiliation Bonus Acknowledgement, dated 15 July 2016. The Board also determined that there is no adjustment based upon the U.S. Consumer Price Index annual inflation rate for the year the bonus was signed because there is no error. The Board determined relief is warranted as a matter of equity only. ? 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 and Army National Guard records of the individual concerned be corrected by * showing he timey submitted an exception to policy for payment of the Affiliation Bonus in accordance with his Written Agreement - USAR Officer Warrant Officer Affiliation Bonus Acknowledgement, dated 15 July 2016 * showing the National Guard Bureau timely received and approved his exception to policy * paying him the Affiliation Bonus in accordance with his Written Agreement, dated 15 July 2016 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. Army Regulation (AR) 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. AR 135-7 (Incentive Programs) provided guidance for incentives authorized within the Army National Guard and the USAR. Paragraph 5-2 (Affiliation Bonus) states that a Soldier would incur a statutory military service obligation when he or she first becomes a member of a U.S. Armed Force. The anniversary dates of the military service obligation are derived from the date the Soldier first enlisted, or was appointed or inducted, in a Regular or Reserve component. A Soldier who meets the following criteria may be contracted for an affiliation bonus payable on REFRAD and assignment to a TPU. * Is currently serving in the Active Army, or on active duty in an Active Guard/Reserve status * Is within 180 days of completing the active duty term of service incurred by an enlistment or order, and the REFRAD date * Is otherwise eligible to remain on active duty by reenlisting in the component to which he or she is currently assigned 3. DODI 1304.34 (General Bonus Authority for Officers) states the affiliation bonus authorized in accordance with Section 332(a)(2) of Title 37, United States Code (USC), and implemented by this issuance offers a monetary incentive for an officer to affiliate with the Selected Reserve (SELRES) of a Military Service. (1) The bonus is authorized when an officer affiliates with the SELRES of a Military Service and agrees to serve for a specified period, not less than 3 years, of obligated service in a military skill designated critical by the Secretary of the Military Department concerned or to meet manpower shortages in a SELRES unit or officer pay grade. Additionally, the Secretary of the Military Department concerned may, with the officer's consent, convert the officer to a designated career field or military skill in which there is a shortage of trained and qualified personnel. (2) Consistent with Section 332(a)(2) of Title 37, USC, the procedures described in Paragraphs 3.1. and 3.3. of this issuance, as well as additional conditions and requirements prescribed by the Secretary of the Military Department concerned, govern the award and administration of a Reserve Component affiliation bonus. b. Additional Reserve Component Affiliation Bonus Eligibility. In addition to meeting the eligibility requirements in Paragraph 3.1.b. of this issuance, an eligible officer also must meet the following requirements: * Be serving in the Ready Reserve or Standby Reserve of a Military Service * Be serving or have served in the Regular Component for a period of more than 30 days and have been released under honorable conditions * Execute an agreement to serve as an officer in the SELRES for a service obligation of at least 3 years * Have fewer than 15 years of qualifying military service towards a regular or nonregular retirement NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003094 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1