IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220003294 APPLICANT REQUESTS: reinstatement and payment of the second half of his Reenlistment Bonus (REB) in the amount of $5,000.00. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 11 April 2014 * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 REB Addendum Army National Guard (ARNG) of the United States (ARNG)) * Orders Number 131-078, 11 May 2015 * Orders Number 135-092, 15 May 2015 * Orders Number 237-194, 25 August 2015 * Orders Number 173-100, 21 June 2016 * Orders Number 057-050, 26 February 2018 * Memorandum, Subject: Unit Re-organization Duty Position Moves, 28 September 2020 * Memorandum, Subject: Request for Exception to Policy (ETP), 5 October 2020 * DA Forms 4187 (Personnel Action), dated 24 January 2021 * Memorandum, Subject: Request ETP for a REB Contract, 25 January 2021 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (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 into Texas Army National Guard (TXARNG) in 2016 after requesting an Interstate Transfer (IST) from the Michigan Army National Guard (MIARNG) as an Interpreter/Translator (09L) to the TXARNG. He signed a 6-year re-enlistment contract in 2014, prior to the IST to the TXARNG with a REB of $10,000.00 to be distributed in two payments. In June 2016, he inquired to the Texas IST coordinator, SSG on the status of the second half of his bonus pay and was informed there were no issues barring he was not in excess. In December 2019, the peer/incentives and bonus technician informed him that he is still authorized the second half of the 2014 REB. She also clarified that this must be cleared/closed for receiving disbursement of his current REB for 6 years beginning in December 2019. He contacted the previous unit in the MIARNG to amend a lateral transfer to another unit since it was a command request for deployment. Upon receipt of the approved amended order, he immediately spoke to the incentives and bonuses office and his current unit for the next step and was advised to complete an ETP request for approval of the second part of the 2014 REB. He fulfilled his previous contract duties and requirements honorably and respectfully requests this ETP be granted. 3. A review of the applicant's available service records reflects the following: a. On 26 September 2008, he enlisted in the MIARNG and continued service through extensions. b. On 11 April 2014, he reenlisted/extended in the MIARNG for a period of 6 years. In conjunction with this reenlistment/extension NGB Form 600-7-3-R-E was completed showing he was entitled to a REB in the amount of $10,000.00 in Military Occupational Specialty (MOS) 09L (Interpreter/Translator). Payment would be processed in 2 installments, the first 50% payment to be processed the day after his current expiration term of service and the second 50% payment to be processed on the 4-year anniversary. Section 6 (Termination) states the REB would be terminated if he voluntarily changed his MOS during the contractual obligation or IST for reason other than those covered by Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program). If he transferred out of his current REB MOS into a non-duty MOS qualified MOS; termination would be effective the date of transfer. c. On 21 June 2016, the State of Michigan, Department of Military and Veterans Affairs issued Orders Number 173-100 transferring him from the MIARNG to the TXARNG, effective 17 June 2016. 4. The applicant provides: a. Orders Number 131-078 dated 11 May 2015, issued by the State of Michigan, Department of Military and Veterans Affairs reflective of his transfer from the Interpreter/Translator position to A Battery, 1st Battalion, 182nd Field Artillery, Detroit, Michigan. b. Orders Number 135-092 dated 15 May 2015, issued by the State of Michigan, Department of Military and Veterans Affairs amending Orders Number 131-078 adding reason for transfer "Command Direct." c. Orders Number 237-194 dated 25 August 2015, issued by the State of Michigan, Department of Military and Veterans Affairs, transferring him from A Battery, 1st Battalion, 182nd Field Artillery to A Battery, 182nd Field Artillery Rear Detachment. d. Orders Number 057-050 dated 26 February 2018, issued by the Texas Military Department, TXARNG transferring him from Detachment 1, 640th Military Intelligence Interpreter/Translator to B Company, 636th Military Intelligence Battalion, Cryptologic Linguist. e. Memorandum, Subject: Unit Re-organization Duty Position Moves dated 28 September 2020, reflective of the applicant’s unit change due to unit re-organization and at no fault of the Soldier. f. Memorandum, Subject: Request for ETP dated 5 October 2020, wherein he requests authorization for payment of the remainder of his REB from 2014. g. DA Forms 4187 dated 24 January 2021, wherein the immediate command approved an Intra Unit Transfer and an Order amendment due to Unit Re-organization. h. Memorandum, Subject: Request ETP for a REB Contract dated 25 January 2021, wherein the J-1 requests ETP for the REB from Fiscal Year 2014 (FY14) when he had multiple MOS changes from a 13P (Multiple Rocket Launch System Operations/Direct Fire Specialist) to a 09L. The J-1 official recommended approval of the ETP. 5. On 13 October 2022, the NGB, Chief, Special Actions Branch, provided an advisory opinion recommending approval of the applicant's request stating: a. The applicant, a member of the TXARNG extended his enlistment for 6 years as a 09L, with a bonus of $10,000.00 on 11 April 2014. The bonus was to be paid in two installments, the first 50% installment would be paid the day after his current expiration term of service at the time (25 August 2014), and the second installment would be paid on his four-year anniversary of his extension. The applicant claims his bonus was terminated because he transferred out of his organization and had a MOS change. b. Reenlistment/Extension Bonus Addendum, Army National Guard, Annex E To DD Form 4, section VI details the reason for termination. Sub-paragraph 1a states that an individual is subject to termination with recoupment of bonus if he or she voluntarily changes their re-enlistment bonus MOS, in addition subparagraph 1m states that if a Soldier transfers from the unit for which the bonus was awarded upon enlistment it would also be cause for termination. c. A review of the applicant’s military records by the TXARNG Incentives Office confirms the applicant's account regarding his IST and change of MOS. However, the TXARNG states that the applicant's IST was due to reorganization and command directed, and therefore no fault of his. Additionally, while the applicant did violate the terms of his contract by moving out his contracted MOS, the TXARNG Incentives Office revealed that they regularly recommend "approval" of ETPs if the Soldier remains in good standing, fills a valid Troop Program Unit vacancy and becomes MOS Qualified, which he did (09L was his original MOS in. Additionally, the applicant received erroneous guidance from the IST coordinator that he would be entitled to keep his bonus so long as he was the primary slot holder, failing to stipulate the contracted MOS clause. The applicant has otherwise fulfilled his contract in good faith, has extended, and has deployed twice for the TXARNG, for Operation Spartan Shield and currently for Inherent Resolve. d. This office finds that there is sufficient evidence to provide a recommendation to the ABCMR to reverse the decision to terminate the applicant's bonus. The TXARNG reviewed the applicant's claim and concluded that he had received erroneous guidance from the IST coordinator that he would be entitled to keep his bonus so long as he was the primary slot holder, failing to stipulate the contracted MOS clause. The TXARNG did attempt to assist him by submitting an ETP to grant him relief, however due to new guidance from the NGB the TXARNG incentives office was informed that due to the Barring Act, NGB could no longer provide a determination regarding his ETP as the request was more than 6 years old and therefore the Army Review Board Agency had the approval authority. The opinion of this office was coordinated with the TXARNG, Deputy G1, and the TXARNG Incentive Office. 6. On 24 October 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to respond. As of 8 November 2022, he did not respond. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was warranted. The applicant's contentions, his military records, and regulatory guidance were carefully considered. The evidence shows the applicant extended his enlistment in the TXARNG for 6 years as a 09L, with a bonus of $10,000.00 on 11 April 2014. The bonus was to be paid in two installments, the first 50% installment would be paid the day after his current ETS at the time (25 August 2014), and the second installment would be paid on his four-year anniversary of his extension. The applicant claims his bonus was terminated because he transferred out of his organization and had an MOS change. The Board found sufficient evidence to support the relief being requested by the applicant. The evidence shows the applicant had received erroneous guidance from the IST coordinator that he would be entitled to keep his bonus so long as he was the primary slot holder, failing to stipulate the contracted MOS clause. The applicant has fulfilled his contract in good faith, has extended, and has deployed twice for the TXARNG, for Operation Spartan Shield and currently for Inherent Resolve. The TXARNG states that the applicant's IST was due to reorganization and command directed, and therefore no fault of his. TXARNG attempted to assist him by submitting an ETP to grant him relief, however, the barring act prevents that. 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 that the evidence presented was 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 the applicant timely submitted an exception to policy (ETP) for payment of the second half of his $10,000 enlistment incentive for 6 years as a 09L, on 11 April 2014 * showing the National Guard Bureau timely received, accepted, and approved his exception to policy request * paying him the remaining half of the promised incentive in accordance with the Reenlistment/Extension Addendum as a result of this correction 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Title 37, USC, section 308 (Special Pay: reenlistment bonus) states the Secretary concerned may pay a bonus under paragraph (2) to a member of a uniformed service who is qualified in a military skill designated as critical by the Secretary of Defense, and reenlists or voluntarily extends the member's enlistment for a period of at least three years in a regular component or the Reserve component of the service concerned. Bonus payments authorized under this section may be paid in either a lump sum or in installments. If the bonus is paid in installments, the initial payment shall be not less than 50 percent of the total bonus amount. 3. National Guard Bureau Selected Reserve Incentive Program (SRIP) 14-01 provides that the REB is processed in 2 installments: 50 percent on the contract start date provided the Soldier is assigned to the appropriate Military Occupational Specialty (MOS) and 50 percent on the 4-year anniversary of the contract start date provided the Soldier is assigned to the same MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220003294 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1