IN THE CASE OF: BOARD DATE: 18 June 2015 DOCKET NUMBER: AR20150006000 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests payment of the Prior Service Enlistment Bonus (PSEB) he was guaranteed in his 1 September 2012 Enlistment Contract. 2. The applicant states he was entitled to receive a $7,500.00 bonus once he completed training for military occupational specialty 92S (Shower/Laundry and Clothing Repair Specialist) as directed in his contract. Once he completed training he was told he was not eligible for the PSEB. He should be eligible for the PSEB because he completed the requirements of his contract. 3. The applicant provides his contract and a memorandum. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Army National Guard (ARNG) on 26 March 2010. 3. Orders 027-1057, issued by Department of Military and Veterans Affairs, Annville, PA, dated 27 January 2012 show he was honorably discharged from the ARNG under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-35b(3) with an effective date of 31 August 2011. Paragraph 6-35 (Separation/Discharge from State ARNG and/or Reserve of the Army) provides for discharge for enlistment in another component of the Armed Forces. 4. On 1 September 2011, he enlisted in the U.S. Army Reserve (USAR). He completed training for MOS 92S on 21 January 2012. 5. A memorandum, subject: Request for Exception to Policy (ETP)-Incentives for [Applicant], dated 14 August 2012 shows his commander requested he be paid the enlistment bonus for which he contracted. He stated he should be paid the bonus because the recruiter determined he was eligible for the bonus if he met the requirements of his contract. He further stated he became MOS qualified within 24 months of his contract and was in good standing with the unit. 6. On 12 April 2013, the Acting Chief, Manning Division, responded to the ETP request. He stated: a. The request for ETP for the applicant was disapproved. b. He enlisted in the ARNG on 26 March 2010 and was discharged on 31 August 2012. He subsequently enlisted in USAR on 1 September 2012 for a 6 year, $7,500.00 PSEB in MOS 92S. c. In accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 10-13a (3), Soldiers released from a Troop Program Unit for the purpose of enlistment in the USAR do not qualify for a PSEB. d. He did not meet the eligibility requirements to receive a PSEB; therefore, it was not authorized. 7. Army Regulation 601-210 governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the USAR, and ARNG for enlistment. Chapter 10 (Selected Reserve Incentive Program), paragraph 13a (3), provides for a cash bonus to eligible applicants enlisting in the Selective Reserve provided they are not being released from active or Selected Reserve service for the purpose of enlistment in the USAR or the ARNG. DISCUSSION AND CONCLUSIONS: 1. He enlisted in the ARNG on 26 March 2010 for 6 years. He was discharged on 31 August 2011 for enlistment in another component of the Armed Forces. He subsequently enlisted in the U.S. Army Reserve on 1 September 2011 for a $7,500.00 PSEB. 2. Based on the governing regulation, he was not entitled to a PSEB because he was released from the ARNG for the purpose of enlisting in the USAR. Therefore, he is not entitled to the requested relief. BOARD VOTE: ________ ________ ________ 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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x_____________ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20150006000 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006000 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1