IN THE CASE OF: BOARD DATE: 22 August 2023 DOCKET NUMBER: AR20230000040 APPLICANT REQUESTS: • Reversal of the decision by the U.S. Army Reserve Command that denied his exception to policy request for payment of his Prior Service Enlistment Bonus (PSEB) in the U.S. Army Reserve • a personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: • DD Form 149 (Application for Correction of Military Record) • DD Form 214 (Certificate of Release or Discharge from Active Duty) • Orders Number D-08-717287 Discharge from the U.S. Army Reserve (USAR) • DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) • Certificate and Acknowledgement USAR Requirements and Methods of Fulfillment • DD Form 1966 (Record of Military Processing - Armed Forces of the United States) • DA Form 5261 (Selected Reserve Incentive Program - USAR PSEB Addendum) • DA Form 1059 (Service School Academic Evaluation Report) • Orders Number 22-111-00017 Military Occupational Specialty (MOS) Orders • Exception to Policy (ETP) to obtain PSEB • Memorandum for Record (MFR), Subject: ETP Policy Approval • Personnel Action Packet Checklist • Unit Manning Report (UMR) • USAR Command (USARC) Memorandum, Subject: ETP 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, his PSEB was disapproved for his reclassification in MOS 35F (Military Intelligence Analyst). It states in his contract he would receive a $15,000.00 PSEB if he fulfilled the requirement to be awarded MOS 35F. He was unable to accomplish this in the two-year time frame due to a combination of acquiring his security clearance, COVID-19, and a school backlog. During his reenlistment process at the Military Entrance Processing Station, the U.S. Army Recruiting Command informed him he was qualified for the bonus because he was honorably discharged in 2007 and had an 11-year break in service. The bonus he received in 1999 did not impact his reenlistment. 3. The applicant's service record contains the following documents for the Board's consideration: a. DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) show the applicant enlisted in the USAR on 11 August 199 for a period of 8 years. b. On 14 August 2007, Orders Number D-08-717287 issued by the U.S. Army Human Resources Command (HRC) the applicant was honorably discharged from the USAR. c. On 11 September 2018, the applicant enlisted in the USAR for a period of 6 years. In conjunction with this enlistment DA Form 5261-5 (Selected Service Incentive Program - USAR PSEB Addendum) shows: (1) He was not qualified in MOS Intelligence Analyst. He understood that he was not qualified to receive the bonus entitlements until such time he had been awarded the MOS. He also understood if he did not become MOS qualified with-in the allocated time, he would forfeit all entitlements to the enlistment bonus. (2) He had less than 16 years of military service and he was enlisting for 6 years for a bonus of $15,000.00. The initial payment would be 50 percent paid upon award of the MOS. 25 percent would be paid on the 2nd and 4th year of satisfactory service in the USAR Selected Reserves unit. (3) If he was not MOS qualified within 24 months of enlistment, he would forfeit all entitlement to the enlistment bonus. d. DA Form 1059, for the period of 4 November 2021 through 20 November 2021 shows the applicant completed the Intelligence Analyst course. e. Orders Number 22-111-00017, published by Headquarters, 88th Readiness Division, dated 21 April 2022, awarded the applicant MOS 35F. 4. The applicant provides the following documents, not previously considered, for the Board's consideration: a. DD Form 214, which shows the applicant, as a member of the USAR, entered active duty on 24 February 2003 in MOS 91K (Medical Laboratory Specialist) and was honorably released on 4 June 2003. b. Certificate and Acknowledgement USAR Service Requirements and Methods of Fulfillment, dated 11 September 2018, shows the applicant enlisted for assignment to Headquarters and Headquarters Company, 863rd Engineer Battalion, for MOS 35F as a prior service applicant for a bonus in the amount of $15,000.00 (will train). c. DD Form 1966, dated 11 September 2018, shows the applicant was in the USAR from 12 August 1999 through 14 August 2007, he was authorized a cash bonus in the amount of $15,000.00, and was enlisting in MOS 35F. d. Self-authored request for ETP, which states, in effect, the applicant was serving a 6-year contract and he had an 11-year break in service. Under his new enlistment contract, he was required to reclass to MOS 35F. He fulfilled his contractual requirement by completing 35F training and became MOS qualified in November 2021. Due to COVID-19 there was a delay in getting accepted to the 35F MOS course. e. MFR, Subject: ETP Approval, dated 22 June 2021, authored by the applicant's intermediate commander, which states in effect, the commander recommended approval of the applicant's ETP request to receive his PSEB upon meeting the requirements for obtaining his 35F MOS. The applicant had successfully met all prerequisites and requirements to receive the entitlement, which was delayed due to his security clearance approval. f. Personnel Action Packet Checklist dated 28 July 2022, which is a checklist to request an ETP for USAR Enlisted Bonuses. The entire checklist is available for the Board's consideration. g. UMR, as of 28 July 2022, which shows the applicant was placed in a 35F position, effective 9 September 2020. h. Memorandum, Subject: ETP, authored by USARC, dated 16 November 2022, regarding the ETP request from the applicant, states in effect: (1) The USARC disapproved the request for ETP. (2) The applicant enlisted in the USAR on 11 September 2018 for a six year term with a $15,000.00 PSEB in MOS 35F. The USAR Pay Center did not pay the PSEB due to the applicant failing to become MOS qualified within the required 24-month timeframe. (3) Army policy requires Soldiers to become MOS qualified within 24 months of assignment to maintain eligibility for payment of the PSEB. The applicant's unit confirmed the delay in training was due to the backlog in timely processing of the applicant's security clearance, which is required before attending reclassification training. (4) Additional research revealed the applicant received a $5,000.00 non-prior service enlistment bonus in connection with his 11 August 1999 USAR Enlistment. Department of Defense Instruction (DoDI) 1304.31 (Enlisted Bonus Program), dated 12 March 2013 prohibits service members from receiving subsequent enlistment bonuses. In this case, the U.S. Army Recruiting Command failed to verify PSEB eligibility. USARC G-1 does not have the authority to grant an exception in cases where DoDI is concerned. BOARD DISCUSSION: 1. The Board determined the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. 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 shows the applicant enlisted in the USAR on 11 September 2018 for a 6-year term with a $15,000 prior service enlistment bonus in MOS 35F. His contract stipulated that he would complete MOS training within 24 months to maintain eligibility for payment of the PSEB. He did not become MOS qualified within 24 months. Army policy requires Soldiers to become MOS qualified within 24 months of assignment to maintain eligibility for payment of the PSEB. Also, the applicant’s unit confirmed the delay in training was due to the backlog in timely processing of his security clearance which is required before attending reclassification training. Additionally, the applicant previously received a $5,000 non-prior service enlistment bonus in connection with his 11 August 1999 USAR Enlistment. The Board determined the denial of this exception to policy request to retain the PSB by the U.S. Army Reserve Command is not in error or unjust. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING xx: xx: xx: 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. 8/22/2023 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. DoDI 1205.21 (Reserve Component Incentive Programs Procedures) states that if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. 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 PSEB 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 Career Status Retention Bonus under Title 37, 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. 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 5. Army Regulation 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//