IN THE CASE OF: BOARD DATE: 28 March 2023 DOCKET NUMBER: AR20220010050 APPLICANT REQUESTS: Reversal of the U.S. Army Reserve Command (USARC) denial of payment of his Prior Service Enlistment Bonus (PSEB) in the amount of $12,000.00 APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 3540 (U. S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment) * DA Form 5261-5 (Selected Reserve Incentive Program (SRIP) – USAR PSEB Addendum) * USARC Memorandum, Subject: Exception to Policy (ETP) for Staff Sergeant (SSG) B- W (the applicant) * DD Form 214 (Certificate of Release or Discharge from Active Duty) service ending 19 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 effect, he requests the Board reverses the USARC decision to deny payment of his PSEB in the amount of $12,000.00. He was discharged from the USAR in December 2017. He went to the Military Entrance Processing Station (MEPS) and enlisted into the USAR in February 2018 for a $12,000.00 PSEB for a 6-year service obligation. In 2019, through his chain of command he inquired about the status of payment of his PSEB. In November 2019, he was assigned to the 311th Theater Sustainment Command for deployment to Kuwait in March 2020. While he was deployed, he again inquired into the status of his PSEB. In October 2020, he was informed he was erroneously offered the PSEB and would not be in receipt of payment. The only reason he enlisted into the USAR was for the PSEB and he needs the money. He has completed 4 of the 6-years on the contract and held to his end of the contract, but the Army has failed to hold to their end. To no fault of his own as he informed the MEPS personnel, he had only been discharged a couple of months and provided all the information they needed to verify his records. And he once again had deployed to serve his country. He requests receipt of his $12,000.00 PSEB. 3. A review of the applicant's service record shows: a. The applicant enlisted in the USAR on 9 July 2005. (1) DA Form 3540 shows in section IV (Service Obligation), the applicant agreed to serve 6-years in a Troop Program Unit (TPU) and 2-years in the Individual Ready Reserve (IRR) and his 6-years begins on the day he shipped to Basic Combat Training (BCT). He was authorized a Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $3,000.00 and a NPSEB Ship in the amount of $7,000.00. (2) DA Form 5261 shows in section V (Entitlement), the applicant was entitled to a NPSEB in the amount of $10,000.00 and would receive his initial payment on 50 percent of the total authorized bonus after receiving his high school diploma and completing training and qualifying in the Military Occupational Specialty (MOS) and the remaining would be paid in two subsequent payments of 25 percent of the total bonus upon successful completion of his second and fourth year of enlistment. b. On 20 July 2005, Orders Number 5201-06, issued by the MEPS, the applicant was ordered to initial active duty for training, effective 21 July 2005 to attend BCT and advanced individual training. c. The applicant was honorably released from active duty on 30 November 2005, after completing MOS 88H (Cargo Specialist) training. d. The applicant reenlisted in the USAR on 9 September 2010. e. On 23 September 2015, Orders Number 15-266-00064, issued by the 311th Sustainment Command (Expeditionary), the applicant was ordered to active duty in support of Operation Enduring Freedom, effective 28 January 2016. f. The applicant was honorably released from active duty on 26 January 2017. g. On 11 December 2017, Orders Number 17-345-00054, issued by Headquarters, 63rd Readiness Division, the applicant was honorably discharged from the USAR, effective 11 December 2017. h. The applicant enlisted in the USAR on 13 January 2018. In conjunction with this enlistment the following documents were completed: (1) DA Form 3540 shows in section IV (Service Obligation), the applicant was authorized a PSEB in the amount of $12,000.00 for a 6-year service obligation in MOS 88H. (2) DA Form 5261-5 section III (Acknowledgement), for a PSEB, the applicant acknowledged he met the eligibility criteria that he was qualified in MOS 88H and he was in receipt of an honorable discharge issued on separation from prior military service. He enlisted for 6-years and must serve the entire period in the USAR Selected Reserve. Section V (Entitlement) stated he had less than 16-years of service and was enlisting for 6-years for a $12,000.00 PSEB. The initial payment would be 50 percent of the total bonus amount and the remainder would be paid in payments of 25 percent of the total bonus amount at the end of his second and fourth year of satisfactory service in the USAR Selected Reserve. i. On 14 November 2019, Orders Number UH-318-0006, issued by the 311th Sustainment Command (Expeditionary), the applicant was ordered to active duty in support of Operation Enduring Freedom, effective 5 March 2020. j. On 20 March 2020, USARC disapproved the applicant's request for an ETP to grant payment of the $12,000.00 PSEB. The Chief of the Manning Division stated the PSEB was not paid because the applicant had only been discharged from the USAR for 2-months and 2-days prior to his enlistment back into the USAR. The Army policy requires Soldiers whose last assignment was in the Selected Reserve to be out of the Selected Reserve for at least 12-months in order to be eligible for the PSEB. The accessioning agency erroneously offered the applicant the PSEB despite the requirement. Because of this the USARC G-1 did not authorized payment of the PSEB. k. The applicant was honorably released from active duty on 19 January 2021. l. On 19 May 2022, USARC responded to the Honorable regarding the applicant's request for payment of his PSEB. The Deputy Chief of Staff, G-1 stated the USAR Pay Center did not pay the applicant his PSEB because he did not meet the minimum of 12- months separation criteria for PSEB qualification. The Army policy requires Soldiers whose last assignment was in the Selected Reserve to separate for a minimum of 12- months to be eligible for the PSEB. The applicant was only separated for 2-months and 2-days. Additionally, the applicant received a $10,000.00 NPSEB in connection with his 9 July 2005 enlistment in the USAR. The Department of Defense Instruction (DODI) prohibits service members who previously received an enlistment bonus from receiving a subsequent enlistment bonus. In the applicant's case the U. S. Army Recruiting Command failed to verify the applicant's eligibility for the PSEB. USARC does not have the authority to grant an exception to policy in cases concerning the DODI. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The evidence of record shows the applicant enlisted in the U.S. Army Reserve on 13 February 2018, for a 6-year term with a $12,000 Prior Service Enlistment Bonus (PSEB), in the MOS 88H. The PSEB was not paid because the applicant was only out of the Selected Reserve (SELRES) for 2 months and 2 days. Army policy requires Soldiers whose last assignment was in the SELRES (TPU/AGR/IMA) to be out of the SELRES for at least 12 months in order to be eligible for the PSEB. The accessioning agency erroneously offered the applicant the PSEB despite this requirement. The Board determined relief is not warranted. The applicant was not eligible for the incentive. 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. 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 Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program), prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the Regular Army (RA), the Army Reserve (AR), and the Army National Guard (ARNG). a. Chapter 3 (Enlistment in the RA, AR, or ARNG for PS Applicants), prescribes basic eligibility criteria for PS applicants for enlistment in the RA, AR, and ARNG. b. Subparagraph 3–2 (Basic eligibility criteria for all prior Service applicants), persons applying for enlistment in the RA, AR, or ARNG must meet eligibility criteria outlined in this chapter. The PS applicants also must meet requirements of options for which they are enlisting. The PS definitions for RA, AR, and ARNG are as follows: (1) for persons enlisting into the AR, applicants who are MOS qualified are considered as PS regardless of time on AD. (2) Recruiting officials must ensure that persons being processed for enlistment have been granted a conditional release from another RC, have been issued a discharge certificate, or will be issued a discharge certificate on the day before the date of enlistment in the AR. c. Paragraph 10-13 (Selected Reserve Incentives Program–prior service enlistment bonus), Eligibility, a cash bonus is offered to eligible applicants enlisting in the SELRES and complying with all of the following eligibility requirements: * received an honorable discharge or honorable release at the conclusion of their last period of active military Service * completed not more than 16 years of total military Service and received an honorable discharge at the conclusion of all prior periods of Service. The "total military Service criteria" includes inactive reserve time in the Individual Ready Reserve or Inactive National Guard * is not being released from active or Selected Reserve (SELRES) (TPU, Individual Mobilization Augmentee, or Active Guard/Reserve) service for the purpose of enlistment in the AR or ARNGUS * possess a bonus MOS or accept training into an MOS as announced by Headquarters Department of the Army that is the same required by the SELRES unit position vacancy; in the case of prior Service in the AR or ARNGUS must have previously qualified in the MOS * meets the eligibility criteria for enlistment in the AR as a PS applicant * completes DA Form 5261–5–R (Selected Reserve Incentive Program-USAR Prior Service Enlistment Bonus Addendum) as part of the enlistment agreement * upon enlistment, qualify for the SELRES unit position vacancy for assignment to one of the following, Soldiers will not receive any enlistment bonus payments until they have complied with all the eligibility criteria * in the case of PS in the ARNGUS or AR must be DMOSQ for the position which enlisting 3. Department of Defense Financial Management Regulation 7000.14, Volume 7A, purpose of this chapter is to provide policy guidance pertaining to the accession, affiliation, enlistment, and retention bonuses for members of the Ready Reserve. Paragraph 560502 (Limitations), a member may not be paid a Prior Service Enlistment Bonus if he/she: * has previously received an enlistment bonus * has previously received or is currently entitled to a Selective Retention Bonus per DODI 1304.31 or a CSRB under Title 37, United States Code (USC), section 355 * has more than 16 years of total uniformed service and received a less than honorable discharge at the conclusion of any of the prior periods of service * was released or is being released from active duty for the purpose of enlistment in any Reserve Component * is not projected to occupy a position for which the member previously served successfully and has completed training or retraining in the critical specialty for the position * does not execute an agreement to serve in the SELRES of the Ready Reserve for a period of not less than 2 years as specified in subparagraph 560501.D * fails to provide the original DD 214 as specified in subparagraph 560501.F 4. DODI 1304.31 (Enlisted Bonus Program), establishes policy, assigns responsibilities, and prescribes procedures for a bonus payment, in accordance with Section 331 of Title 37, USC, to persons or members who: * enlist in a military service * affiliate with a Reserve component of a military service * reenlist, voluntarily extend an enlistment, or otherwise agree to continue to serve in a military service * transfer between regular and Reserve components of the military service * transfer from one military service to another Paragraph 4.3, the Secretary of the Military Department may offer a prior service reenlistment bonus to individuals with previous military service who reenlist in a Regular or Reserve Component of a Military Service after a break in active duty or reserve duty. b. Eligibility Requirements for a Prior Service Reenlistment Bonus. An individual must: * not have previously received, or currently be entitled to, an SRB in accordance with this issuance or a critical skills retention bonus in accordance with Section 355 of Title 37, USC * not have more than 16 years of total military service and have received an honorable discharge at the conclusion of all previous periods of service * not have been released, or not be released, from active duty for the purpose of enlistment in a Reserve Component //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220010050 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1