IN THE CASE OF: BOARD DATE: 27 January 2023 DOCKET NUMBER: AR20220004908 APPLICANT REQUESTS: * active duty service credit from 10 May 2021 – 31 March 2022 * entitlement to educational benefits under the Montgomery G.I. Bill * a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DA Form 5435-1 (Statement of Understanding – The Selected Reserve Montgomery G.I. Bill (MGIB) Kicker Program), 17 June 2020 * DA Form 5261-4 (Student Loan Repayment Program Addendum (SLRP)), 17 June 2020 * DA Form 5261 (Selected Reserve Incentive Program – Enlistment Bonus Addendum), 17 June 2020 * Orders Number 351-242, 16 December 2020 * Orders Number 0301017, 21 October 2020 * Certificates * Orders Number 088-0506, 29 March 2022 * DD Form 214 (Certificate of Release or Discharge from Active Duty), 31 March 2022 * Self-authored letters * Memorandum – Subject: TRADOC Regulation 350-6 (Enlisted Initial Entry Training Policies and Administration) Privileges, 24 January 2022 * Photograph * Department of Veterans Affairs (VA) letter, 1 April 2022 * VA letter, 28 July 2022 FACTS: 1. The applicant states in pertinent part that he graduated from Advanced Individual Training (AIT) at Fort Lee, Virginia on 10 May 2021 and remained there until 31 March 2022 when he was released from active duty. He contests that he was involuntarily separated from service under the provisions of Army Regulation (AR) 635- 200 (Active Duty Enlisted Administrative Separations) at the convenience of the government. He notes that upon completion of his AIT, he was required to perform the same duties as other Soldiers on active duty (attend formations and wear his uniform). He lost entitlement to his enlistment incentives in result of his involuntary separation. 2. A review of the applicant's available service records reflects the following: a. On 17 June 2020, the applicant enlisted in the U.S. Army Reserve for 8 years with entitlement to the SLRP (DA Form 5261-4), MGIB-Selected Reserve (SR) Kicker (DA Form 5435-1) and an Enlistment Bonus (DA Form 5261) in connection with his service as a 92W (Water Treatment Specialist). DA Form 5435-1, Section VII (Termination) provides that the MGIB-SR Kicker incentive would be terminated without recoupment when discharged, transferred or reassigned from the SELRES as a result of failing to meet the qualifications for membership in the SELRES under the law or regulations. b. On 21 October 2020, the Military Entrance Processing Station issued Orders Number 0301017 ordering the applicant to Initial Active-Duty Training (IADT) under Title 10, United States Code, section 12301, effective 28 October 2020 for the completion of Basic Combat Training (BCT) and AIT. c. On 22 February 2021, the U.S. Army Combined Arms Support Command and Fort Lee issued Orders Number 053-0210, directing that the applicant be awarded the 92W Military Occupational Specialty (MOS), effective 10 May 2021. d. On 3 June 2021, Headquarters, U.S. Army Garrison, Fort Lee, issued Orders Number 154-0232 revoking Orders Number 053-0210, pertaining to awarding the applicant the 92W MOS. e. On 22 June 2021, the applicant's commander initiated action to separate the applicant under the provisions of AR 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-3 (Secretarial Plenary Authority), noting that a counterintelligence focused expedited security screening analysis indicated that he was a high risk due to national security with no available mitigating information. Further, this screening identified a potential influence concerning the applicant. f. On 29 March 2022, Headquarters, U.S. Army Garrison, Fort Lee, issued Orders Number 088-0506 discharging the applicant from the USAR, effective 31 March 2022. DD Form 214, item 12 (Record of Service) reflects active-duty service from 27 October 2020 – 31 March 2022. He completed 1 year, 5 months, and 4 days; item 28 and 26 (Narrative Reason for Separation/Separation Code) reflect "JFF" – Secretarial Authority. 3. The applicant provides: a. Self-authored letter reflective of the applicant's account of his military service noting the loss off his enlistment incentives. He contests that he was suspended from receiving favorable personnel actions 5 days before he graduated from AIT for a reason that was never disclosed to him. He believes that this action was unjust. This letter is further provided in its entirety for the Board's review within the supporting documents. b. Orders Number 351-242 dated 16 December 2020, which shows he was assigned to the 262nd Quartermaster Battalion, 23rd Brigade, Fort Lee, for training in MOS 92W. c. Certificates, reflective of the applicant's completion of BCT on 4 February 2021, the Water Treatment Specialist (92W) course on 10 May 2021 and honorable discharge on 31 March 2022 d. Self-authored letters from service members familiar with the applicant's performance while on active duty. His former commander also provides a housing statement verifying that the applicant resided in the barracks for over a year. e. Memorandum – Subject: TRADOC Regulation 350-6 Privileges, dated 24 January 2022, reflective of the guidance provided to the applicant pertaining to his duty requirements while in a "holdover" status at Fort Lee, Virginia. The applicant was required to perform daily duties and responsibilities as directed by the Company Commander. f. Photograph of challenge coins, identification tags, U.S. Flag (patch) and a Regimental Insignia. g. VA letter dated 1 April 2022, reflective of the applicant being advised that he may be eligible for educational benefits under the MGIB. However, they were unable to approve his claim for educational benefits under the Post 9/11 G.I. Bill because his records failed to reflect active-duty service with a minimum of 90 days after 10 September 2001. h. VA letter dated 28 July 2022, reflective of the applicant being advised that his claim for educational benefits under the MGIB was being denied because the Department of Defense (DOD) indicated that his eligibility was terminated. 4. Review of the applicant's DD Form 214 for the period ending on 31 March 2022 is inclusive of the period of service listed within the applicant's request. His records do not reflect a break in service. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is not warranted. 2. The Board determined there is no error in the record of the applicant’s period of active duty service, which is properly documented on the DD Form 214 he was issued. 3. The Board found no evidence of error or injustice in his separation processing. Although his separation terminated his enlistment incentives, retention of the incentives was clearly based on successfully serving for the period for which he had contracted, which he was unable to do. The Board determined the termination of the incentives was not in error or unjust. 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. Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), Chapter 5-3 (Secretarial Plenary Authority) is exercised sparingly and seldom delegated. Ordinarily, it is used when no other provision of this regulation applies, and early separation is clearly in the best interest of the Army. Separations under this paragraph are effective only if approved in writing by the Secretary of the Army or the Secretary's approved designee as announced in updated memorandums. Secretarial separation authority is normally exercised on a case-by-case basis but may be used for a specific class or category of Soldiers. When used in the latter circumstance, it is announced by special HQDA directive that may, if appropriate, delegate blanket separation authority to field commanders for the class category of Soldiers concerned. When involuntary separation proceedings are initiated, the notification procedures will be used; however, the provision for requesting an administrative board is not applicable. 2. AR 621-202 (Army Educational Incentives and Entitlements) paragraph 3-13 (Termination of Entitlement) provides that entitlement to educational assistance under the MGIB-Selected Reserve (SR) ceases if an enrolled Soldier is declared an unsatisfactory participant, is discharged or separated from the Selected Reserve or receives financial assistance under the Reserve Officers' Training Corps (ROTC). 3. AR 635-8 (Separation Processing and Documents) provides that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of Release from Active Duty (REFRAD), retirement, or discharge. The DD Form 214 is not intended to have any legal effect on termination of a Soldier's service. A DD Form 214 is issued to Reserve Component (RC) Soldiers completing 90 days or more days of continuous active duty, separated for cause regardless of the length of time served on active duty or following the completion of active duty that results in the award of a MOS. A DD Form 214 will not be prepared for the following Soldiers: * Personnel found disqualified upon reporting for active duty and who do not perform duties in accordance with orders * Personnel whose active duty, active duty for training, full-time training duty, or active duty for special work is terminated by death * Personnel being removed from the temporary disability retired list (TDRL) * Personnel who terminate their RC status to integrate into the Regular Army (RA) * Personnel separated or discharged who have been furnished a prior edition of the DD Form 214, unless that form is in need of reissuance for some other reason * Soldiers discharged for immediate reenlistment in the RA * Enlisted personnel who receive temporary appointments to warrant officer or commissioned officer grades * Personnel whose temporary warrant or commissioned officer status is terminated and who remain on active duty to complete an enlistment 4. AR 15-185 (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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220004908 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1