IN THE CASE OF: BOARD DATE: 21 February 2023 DOCKET NUMBER: AR20220005702 APPLICANT REQUESTS: entitlement to payment of his 24 February 2013 Reenlistment/Enlistment Bonus (REB) in the Army National Guard ($10,000.00). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 24 November 2013 * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 REB Addendum), 24 November 2013 * DA Form 705 (Army Physical Fitness Test (APFT) Scorecard) * Memorandum – Subject: Notification of Bonus Termination, 28 July 2021 * Memorandum – Subject: Exception to Policy (ETP) for 24-month Military Occupational Specialty Qualification (MOSQ) Requirement, 8 September 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 was delayed in his attendance of Phase II of his 91B (Wheeled Vehicle Mechanic) MOS producing course due his unit-imposed requirement of obtaining a minimum of 70 percent in each event on the APFT prior to being permitted to attend the course. He was advised that 60 percent was the requirement. He later departed that unit, passed his APFT and completed Phase II of the 91B course. In a self-authored letter, he provides a detailed account of the events associated with delayed attendance and completion of the 91B course. He notes that from 2014 – 2020 he inquired about the status of his bonus and was repeatedly advised that the retention staff was not authorized to prevent him from attending the course based on the 70-percentile requirement when the regulatory standard was 60 percent. Further, upon his attendance at the course he realized that an APFT was not part of the curriculum. Despite his repeated attempts to obtain payment of his bonus, he remained unsuccessful. He was advised that payment was not processed because he was not qualified in the 91B MOS. He accepted that. Now, his 2020 bonus is being delayed because his previous bonus was not processed. A copy of this letter is further provided in its entirety within the supporting documents for the board's review. 3. A review of the applicant's available service records reflects the following: a. On 15 April 2008, the applicant enlisted in the Army National Guard (ARNG) for 8 years to serve as a 52C (Army Power Pack Specialist) with entitlement to a Non-Prior Service Critical Skills Bonus (NPS CSB) of $20,000.00 to be paid in 2 increments: 50 percent upon completion of Initial Active-Duty Training (IADT) and 50 percent on the 36-month anniversary of his enlistment. b. On 31 Mach 2009, the U.S. Army Garrison, Aberdeen Proving Grounds issued Orders Number 90-110 awarding the applicant the 52C MOS. c. On 24 November 2013, the applicant reenlisted/extended in the UTARNG for 6 years with entitlement to a $10,000.00 REB in MOS 91B to be paid in 2 increments: 50 percent a day after his current Expiration Term Service (ETS) date (14 April 2014) and 50 percent on the 4-year anniversary. Annex R (REB Addendum)/NGB Form 600-7-3- R-E, Section VI (Termination) endorsed by the applicant at the time of his reenlistment reflects acknowledgment that termination of his REB may occur if he failed to become Duty MOS (DMOS) qualified within 24 months of the contract start date. d. On 28 April 2014, the applicant completed Phase I of the 91B course. e. On 22 March 2019, the applicant complete Phase II of the 91B course. f. On 8 March 2020, the applicant reenlisted/extended for 6 years with entitlement to a $20,000.00 REB to be paid in 2 increments: 50 percent a day after his current ETS date (14 April 2020) and 50 percent on the 4-year anniversary of his contract start date. g. On 10 December 2020, the UTARNG issued Orders Number 0000874336 awarding MOS 91B, effective 8 April 2019. 4. The applicant provides the following a: a. DA Form 705 reflective of the applicant successfully passing the APFT on 25 October 2014 and 20 May 2016. b. Memorandum – Subject: Notification of Bonus Termination, 28 July 2021, reflective of the applicant's 24 November 2013, REB eligibility being terminated on 15 April 2014, because he failed to become DMOSQ within 24 months starting on 15 April 2014. c. Memorandum – Subject: ETP for 24-month MOSQ Requirement dated 8 September 2021, reflective of the applicant's commander being in support of the applicant's retention of entitlement to his REB citing that the applicant reenlisted Non- DMOSQ into a 91B slot for 6 years due to unit transition and understood that he must become MOSQ within 24 months of the contract start date. He was able to complete Phase 1 on 7 April 2014 and was scheduled to attend Phase 2 later. Once Phase 2 approached, command policy stated a 70 percent or higher APFT score was required to attend schools. The applicant was unable to obtain that score but believes he still should have been afforded the opportunity to attend with a passing APFT. His assigned unit was later disbanded, and the applicant was reassigned to another unit. He was not afforded another opportunity to attend the course until April 2019. 5. On 21 November 2022, the NGB, Chief, Special Actions Branch provided an advisory opinion recommending approval of the applicant's request noting that his records reflect that he signed a Non-DMOSQ REB contract for 91B with an entitlement of $10,000.00 on 24 November 2013. Per Annex R to DA Form 4836, the applicant was required to become DMOSQ within 24 months from the contract start date. The contract started on 15 April 2014, so the applicant had until 15 April 2016 to become DMOSQ. The applicant attended Phase 1 of the 91B course in April 2014. When he returned and was preparing to go to Phase 2, the unit readiness Noncommissioned Officer required the applicant to score at least 70 points on all three APFT events. While the applicant passed the military standards, he did not score at least 70 points on all APFT events, so he did not attend Phase 2 of the training. In July 2017, the applicant's unit was deactivated, and he had to find a unit accepting his 91C MOS. He eventually started drilling with another unit in September 2017 that sent him to Phase 2 of 91B course, and he received his 91B MOS qualification on 8 April 2019. a. Per Annex R to DA Form 4836 and National Guard Regulation 600-7 (Selected Reserve Incentive Programs), 50 percent of the entitlement is to be processed for payment one day after the current ETS or upon start of contract, which was 15 April 2014. The requirement to become DMOSQ as 91B within 24 months from the contract start date is a condition that determines termination with or without recoupment. This condition does not apply in this case due to misinformation from the unit administration, as well as unit reorganization /conversion/deactivation process during the contract. b. The ARNG Incentives Branch Subject Matter Expert stated that if the Soldier would have otherwise met the requirements of the contract if he was not prevented by the unit from attending the MOS training, he should be granted an ETP. Since the applicant was DMOSQ as 91B within five years from the start of the contract, he would still be eligible for payment from the Fiscal Year (FY) 2019 funds with the MOS qualification date as the new effective date of payment without violating the Barring Act. c. Based on the applicant's claims and the records available, the applicant was unfairly prevented from attending training that would have allowed him to meet the requirements of his contract of becoming DMOSQ within 24 month and had difficulties after this restriction to attend the training due to unit deactivation. For these reasons, it is the recommendation of this office that the applicant's request be approved. The applicant was prevented by the unit from attending training based on APFT performance that supposedly did not meet unit standards but was sufficient to pass Army standards. It is the recommendation that an ETP be approved for retroactive payment of the applicant's entitlements because he would have otherwise met the requirements of being DMOSQ within 24 months and would have been eligible for payment of his entitlements as directed by his contract. 6. On 28 November 2022, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 16 February 2023, the applicant had not responded. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. a. The evidence shows the applicant signed a non-DMOSQ REB contract for 91B with an entitlement of $10,000.00 on 24 November 2013. He was required to become DMOSQ within 24 months from the contract start date. The contract started on 15 April 2014, so the applicant had until 15 April 2016 to become DMOSQ. He attended Phase 1 of the 91B course in April 2014. When he returned and was preparing to go to Phase 2, the unit readiness NCO required him to score at least 70 points on all three APFT events. The applicant passed his APFT, but he did not score at least 70 points on all APFT events, so he did not attend Phase 2 of the training. In July 2017, the applicant's unit was deactivated, and he had to find a unit accepting his 91C MOS. He eventually started drilling with another unit in September 2017 that sent him to Phase 2 of 91B course, and he received his 91B MOS qualification on 8 April 2019. b. According to his incentive Annex, 50% of his incentive was to be processed for payment one day after the current ETS or upon start of contract, which was 15 April 2014. The requirement to become DMOSQ as 91B within 24 months from the contract start date is a condition that determines termination with or without recoupment. This condition does not apply in this case due to misinformation from the unit administration, as well as unit reorganization /conversion/deactivation process during the contract. The evidence shows the applicant was unfairly prevented from attending training that would have allowed him to meet the requirements of his contract of becoming DMOSQ within 24 month and had difficulties after this restriction to attend the training due to unit deactivation. The Board determined this to be unjust. 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 his $10,000 enlistment incentive for 6 years on 24 November 2013 * showing the National Guard Bureau timely received, accepted, and approved his exception to policy request * paying him 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. Army Reserve Fiscal Year 2014 (FY14) Selected Reserve Incentive Programs (SRIP) Policy Guidance from 1 October 2013 through 30 September 2014 provides that the REB is processed in 2 installments: 50 percent on the contract start date provided the Soldier is assigned to the appropriate MOS and 50 percent on the 4-year anniversary of the contract start date provided the Soldier is assigned to the same MOS. The Soldier who is Non-DMOSQ at time of extension must become DMOSQ within 24 months plus future deployment periods from the contract start date. 3. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) Chapter 10 (Selected Reserve Incentive Program) provides that a Non-DMOSQ Soldier must become MOS qualified in the incentive skill within 24 months, or the incentive will be terminated. Chapter 10-6 (Suspension of Incentives) provides that recipients of an incentive will be suspended from the program during authorized periods of nonavailability. Chapter 10-8 (Termination of Incentives) provides that incentive eligibility will be stopped when the Solider exceeds the maximum authorized period of nonavailability or fails to become DMOSQ. 4. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive to sign a written agreement stating the member has been advised of, and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220005702 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1