BOARD DATE: 15 October 2015 DOCKET NUMBER: AR20150012995 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 correction of his records to show he is entitled to payment of a $10,000 Enlisted Affiliation Bonus (EAB). 2. The applicant states: a. When he was released from active duty (REFRAD) he joined the U.S. Army Reserve (USAR). He was promised a $10,000 EAB to be assigned to the 319th Signal Battalion. It has been over a year and he has not received his EAB. He was told that he did not receive the EAB because the witnessing officer dated his contract on a different date. b. His unit administrator submitted an exception to policy (ETP) request and it was denied. The ETP denial letter stated that he and the representative also signed on different dates; however, he and the representative signed on the same date using different formats. c. With expectations of receiving the EAB, he moved and took out loans to keep himself living while waiting for the EAB. As a result, he is now over $6,000 in debt. He has fulfilled all obligations as written in his contract. 3. The applicant provides: * EAB Addendum * memorandum, subject: ETP for [Applicant], issued by Headquarters, USAR Command, dated 8 June 2015 * memorandum, subject: USAR Bonus Addendum [Applicant], issued by Headquarters, U.S Army Pacific (USARPAC), dated 29 June 2015 * memorandum, subject: USAR Bonus Addendum [Applicant], issued by Charlie Company, 319th Signal Battalion (Expeditionary), dated 1 July 2015 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Transmittal History of drill dates for Fiscal Year 2014 and 2015 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 5 April 2010. 2. On 13 February 2014, he executed a $10,000 EAB Addendum in return for a 3-year commitment in connection with his assignment to Company C, 319th Signal Battalion. 3. He and the service representative signed the EAB Addendum on 13 February 2014; however, it appears they used different date formats. The witnessing officer signed the EAB Addendum on 3 March 2014. 4. On 4 April 2014, he was REFRAD and transferred to the USAR and assigned to Company C, 319th Signal Battalion, Sacramento, CA. 5. On 8 June 2015, Headquarters, USAR Command, Fort Bragg, NC, denied his request for the EAB. A USAR official stated: a. Army policy requires that the EAB written agreement be signed by all parties (service representative, witnessing officer, and service member) on the same date. b. In this case, the EAB agreement that was submitted to the USAR Pay Center was not signed by and dated by a witnessing officer; furthermore, both the service representative and service member signed on different dates. Therefore, the EAB was not a valid contract. 6. In a memorandum, dated 29 June 2015, the witnessing officer confirms that he wrongfully dated the EAB Addendum and the applicant completed and signed the EAB Addendum on 13 February 2014. 7. In a memorandum, subject: USAR Bonus Addendum [Applicant], issued by C, Company, 319th Signal Battalion, Sacramento, CA, dated 1 July 2015, his commander confirmed the applicant: * fulfilled his contract with Company C, 319th Expeditionary Signal Battalion * had been a satisfactory participant * had not received any unsatisfactory participant letters * continued to be an excellent Soldier 8. DOD Instruction 1205.21 prescribes policy, assigns responsibilities, and prescribes procedures for management of the Reserve Component incentive programs. It states in Section 6.2 (Written Agreements), as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that 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. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. DISCUSSION AND CONCLUSIONS: 1. The applicant executed a $10,000 EAB Addendum in return for a 3-year commitment in connection with his assignment to Company C, 319th Signal Battalion. He and the service representative signed the EAB Addendum on 13 February 2014; however, the witnessing officer signed the EAB Addendum on 3 March 2014. 2. It appears that administrative errors were committed in the processing of his EAB Addendum; additionally, the witnessing officer confirmed he made an error with regard to the date of the EAB Addendum. As a result of these errors, he has been deprived of an incentive for which he contracted. 3. He acted in good faith and he continues to fulfill his obligation to the USAR. BOARD VOTE: __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 State Army National Guard and Department of the Army records of the individual concerned be corrected by: * amending the applicant’s EAB Addendum to show it was executed, witnessed, and signed on 13 February 2014 * paying him the $10,000 EAB in accordance with the terms of his EAB Addendum _______ _ 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) AR20150012995 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150012995 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1