IN THE CASE OF: BOARD DATE: 16 February 2023 DOCKET NUMBER: AR20220008040 APPLICANT REQUESTS: correction of his reenlistment documents reflecting the rank of staff sergeant (SSG)/E-6 with entitlement to the proper Selective Retention Bonus (SRB). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored Letter * SRB roster * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * DA Form 3286-79 (Statements for Reenlistment) * DA Form 3340 (Request for Continued Service in the Regular Army) * Enlisted Record Brief (ERB) FACTS: 1. The applicant states, in his application and self-authored letter: a. His DA Form 1059 (Service School Academic Evaluation Report) when he graduated the Special Forces Qualification Course caused him, as well as multiple peers, to lose thousands of dollars in SRB opportunity. b. In September 2019, Class 314 was scheduled to graduate and their DA Forms 1059 were prepared incorrectly. The DA Forms 1059 were dated and signed before the actual graduation. The U.S. Army Human Resources Command (HRC) School's branch returned the DA Forms 1059 back to the Special Warfare Center and School (SWCS) to be redone. This prevented Soldiers in that class from being promoted with the Special Promotion Categories in a timely manner, and their dates of rank would be adjusted once the DA Forms 1059 were completed correctly. c. Approximately one year after reporting to his current duty assignment, he received an email from the U.S. Army Special Operations Command (USASOC) Career Counselor in reference to a clerical error concerning his graduation documents which caused him and several other Soldiers to lose thousands of dollars in SRB opportunities. d. In September 2019, Class 314 was scheduled to graduate and their DA Forms 1059 were prepared incorrectly and were dated and signed before the classes graduation and they had to be sent back to SWCS to be redone. This prevented the Soldiers in the class from being promoted with the Special Promotion Categories in a timely manner, their dates of rank would be adjusted once the DA Forms 1059 were completed correctly. All the Soldiers had to meet the 36-month Service Remaining Requirements (SRR) in order to complete a permanent change of station to their next duty station. e. While the DA Form 1059 issue was being resolved at SWCS, the Army released a new SRB message, Military Personnel (MILPER) Message Number 19-261, which was released on 23 August 2019 and effective on 9 September 2019, which dramatically changed the bonus tier table. f. The SWCS Retention Team quickly screened every Soldier that was eligible to reenlist so they could be properly counseled on the effects of the new SRB message. The SWCS sent a career counselor on temporary duty to where most of the students were, to counsel each Soldier individually so they could take action based on the SRB message that was set to expire on 8 September 2019. g. The DA Forms 1059 were not able to be completed prior to the expiration of the SRB message on 8 September 2019. These students were given the only two choices that they were eligible for, reenlist under the old SRB at the lower rank or wait and reenlist under the new SRB at the higher rank. They had to reenlist because of the SRR. Most of the students could not max out the bonus because they were more than 12 months from their expiration term of service and they did not want to reenlist for 6 years. These Soldiers lost thousands of dollars in SRB entitlements because of the difference between reenlisting as an E-5 and E-6. The total difference is $214,000 for all 34 Soldiers. The individual breakdown in on the spreadsheet provided by the applicant for the Board's consideration. h. USASOC Retention contacted HRC, Retention Management Branch and requested to either have antedated reenlistment contracts or corrected copies of reenlistment contracts authorized for these students. They knew the DA Forms 1059 were being processed and they knew that their ranks would be backdated to reflect their graduation date. Technically, all of their information was correct on the date of reenlistment and they were unable to process either an antedated or corrected contract. i. In order for HRC to authorize an antedated or corrected copy the contract must fulfill the Defective, Unfulfilled, or Erroneous (DUFE) requirements, the data and the contracts were all correct as of the day of reenlistment and did not fit these criteria. HRC directed that once the DA Forms 1059 were corrected and the date of rank was updated the Soldiers could request an update to their military records by the Army Board for Correction of Military Record (ABCMR) process. j. USASOC Retention then reached out to Headquarters, Department of the Army (HQDA) which was unable to process and exception to policy and said the only recourse was the ABCMR. Because of the unique nature of the situation and knowing the ABCMR process is very lengthy, HQDA submitted all 34 cases as a batch case to the ABCMR and attempted to get it expedited. k. The week prior to his submission, the ABCMR rejected the batch case and stated that each individual Soldier would have to submit an ABCMR case, though the average wait time for ABCMR cases is currently 500 plus days. l. He along with multiple others received the narration of events as quoted above regarding the issue when reenlisting in a timely manner, in order to meet SRR to then qualify for orders to their respective follow-on assignments. m. Specific to his case the rank on his reenlistment documents does not match the date on which he was promoted due to the delay in remedial action to their documents. The date of his reenlistment was 6 September 2019 reflecting his rank as sergeant (SGT), while his date of rank for Staff Sergeant (SSG), according to his ERB, is 1 September 2019. n. Given that he had over 6 years' time in service, the rank of SSG, as well as reenlistment of 72 months would have qualified him for the Tier 10 SRB opportunity in accordance with MILPER Message Number 19-188 paragraph 4. Although both his DA Form 1059 and promotions orders were corrected, his reenlistment contract reflects an incorrect rank. 2. The applicant's service records contain the following documents for the Board's consideration: a. DD Form 4 which shows the applicant enlisted in the Regular Army on 17 June 2013. He continued his service through reenlistments. b. DA Form 4789 (Statement of Enlistment to Selective Retention Bonus) shows the applicant signed up for a SRB in Military Occupational Specialty (MOS) 18E (Special Forces Communications Sergeant) for a period of 4 years. c. DA Form 1695 (Oath of Extension of Enlistment) shows on 2 June 2017, the applicant extended his enlistment for a period of 2 months to meet the SRR for training in MOS 18E. d. DA Form 1059 (Service School Academic Evaluation Report) shows on 23 October 2017 the applicant completed the Basic Leader Course. e. Orders Number 025-83, published by Headquarters, U. S. Army Garrison, Fort Bragg, dated 25 January 2019, shows the applicant was promoted to the rank of SGT in MOS 11C (Army Indirect Fire Infantrymen), effective on with a date of rank of 1 February 2019. f. DA Form 1059 shows on 14 June 2019 the applicant completed the Special Forces Communications Sergeant Course and the Advanced Leader Course in MOS 18E. g. Orders Number 165-87, published by Headquarters, U.S. Army Garrison, Fort Bragg, dated 14 June 2019, shows the applicant was awarded MOS 18E, effective 14 June 2019. h. On 6 September 2019: (1) DD Form 4 shows the applicant reenlisted in the Regular Army on 6 September 2019 in the rank of SGT for a period of 6 years. (2) DA Form 4789 shows the applicant, in the rank of SGT, agreed to perform duties in MOS 18E for an incentive amount of $34,100.00 his additional obligated service (AOS) would end on 5 September 2025. i. Orders Number 266-84, published by Headquarters, U.S. Army Garrison, Fort Bragg dated 23 September 2019, promoted the applicant from SGT to SSG in MOS 18E, effective on with a date of rank of 1 September 2019. j. The applicant remains on active duty. 3. The applicant provides the following documents, not previously considered, for the Board's consideration: a. An SRB Roster, which shows the applicant received a Tier 8 bonus in the rank of SGT. Had he received his bonus as a SSG, he would have received an SRB amount of $59,700, which was a Tier 10 bonus. b. DA Form 3286-79 dated 6 September 2019, provided the general statement of understanding of his reenlistment, in-service reenlistment option, statement of law violations and previous conditions. c. DA Form 3340 dated 6 September 2019, shows the applicant was requesting reenlistment in the Army which was approved by the applicant's commander. d. ERB showing he was promoted to SSG on 1 September 2019. 4. On 15 November 2022, the Chief, Military Personnel Enlisted Division, Office of the Deputy Chief of Staff G-1, provided an advisory opinion for the Board's consideration, which states: a. The advising office recommends approval of the applicant's request. b. The applicant reenlisted as a SGT on 6 September 2019 in the Regular Army Reenlistment Option for a 6-year reenlistment term. He received a Tier 8 SRB under MILPER Message Number 19-188 for 52 months of AOS equaling $34,100.00. c. Due to no fault of the applicant, the processing of the DA Form 1059 was delayed for corrections. A timely processing of the DA Form 1059 would have led to a promotion to SSG, and under MILPER Message Number 19-188 the bonus was Tier 10; $59,700.00, a bonus difference of $25,600.00. d. HRC, Retention and Reclassification Branch does not have the authority to authorize a corrected copy where the reenlistment (date on the contract) does not meet the criteria for a DUFE contract and the error was not at the fault of the Career Counselor. 5. On 28 November 2022, the advisory opinion was provided to the applicant to allow him the opportunity to respond. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board concurred with the conclusion of the advisory official that the evidence in this case supports a recommendation for relief. The Board determined the applicant’s record should be corrected to show he held the rank/grade of SSG/E-6 when he reenlisted on 6 September 2019 and was authorized the Tier 10 SRB under MILPER Message Number 19-188. 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 records of the individual concerned be corrected by: * amending his DD Form 4, 6 September 2019, to show he reenlisted in the rank/grade of SSG/E-6 * amending his DA Form 4789, 6 September 2019, to show he was authorized the Tier 10 SRB under MILPER Message Number 19-188 The applicant should be paid any SRB monies he is due because of these corrections, less any monies he has already received. 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 601-280 (Army Retention Program) Chapter 5 - Selective Retention Bonuses for Enlisted Personnel Section states the entitlement portion of this chapter on pay and allowances has been approved by the Department of Defense (DoD) Military Pay and Allowance Committee. These procedures are prescribed by statute in accordance with Title 37, United States Code, sections 331 and 373. The SRB Program provides a monetary incentive that may be offered to retain adequate numbers of qualified personnel in certain reenlistment categories. The MOSs designated for the SRB Program will be announced by message from HRC, Retention and Reclassification Branch. The SRB Program is a retention incentive paid to Soldiers who reenlist for a minimum of 3 years in a military skill designated as critical. Specific eligibility criteria is announced in the respective MILPER message for each bonus program. Upon reenlistment with an SRB, the Soldier must sign a written agreement. It states the Soldier has been counseled and understands the conditions under which continued entitlement to the SRB may be stopped and a pro rata portion of the advance bonus payments may be recouped. This agreement will also clearly specify the terms of the active service commitment entitled the Soldier to a bonus. 2. MILPER Message Number 19-188, SRB Program, dated 25 June 2019 states in effect Soldiers reenlisting may be entitled to a lump sum, flat-rate, SRB payment. Bonuses that are identified for a specific location must adhere to the rules. Soldiers must posses a primary MOS, rank and total active federal service with associated skill qualification identifier, additional skill identifier or language code, if any. The table shows a SGT with an MOS in the career management field of 18 would receive a Tier 8 bonus and a SSG with an MOS in the career management field of 18 would receive a Tier 10 bonus. A Tier 8 bonus as a SGT was in the amount of $34,100.00; a Tier 10 bonus as a SSG was in the amount of $59,700.00. 3. MILPER Message 19-261, dated 23 August 2019, states in effect Soldiers reenlisting may be entitled to a lump sum, flat-rate, SRB payment. Bonuses that are identified for a specific location must adhere to the rules. Soldiers must posses a primary MOS, rank and total active federal service with associated skill qualification identifier, additional skill identifier or language code, if any. The table shows a SGT with an MOS in the career management field of 18 would receive a Tier 8 bonus and a SSG with an MOS in the career management field of 18 would receive a Tier 10 bonus. A Tier 8 bonus as a SGT was in the amount of $34,800.00; a Tier 10 bonus as a SSG was in the amount of $54,200.00. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220008040 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1