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
ARMY | BCMR | CY2015 | 20150003856
The applicant requests an exception to policy (ETP) to retain her Student Loan Repayment Program (SLRP) incentive. The applicant provides a memorandum signed by the Chief, Manning Division, Headquarters, USARC, Fort Bragg, NC, dated 29 October 2014, denying her request for ETP and citing the following reasons: a. she enlisted on 20 September 2003, for 8-years in the ARNG for a $50,000.00 SLRP in MOS 35D; b. she was released from the ARNG on 8 August 2011 and transferred into the IRR on 10...
ARMY | BCMR | CY2014 | 20140015693
The applicant provides: * memorandum, subject: Request for ETP for PSEB [Applicant] * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * memorandum, subject: Notification of Incentive Discrepancy and ETP Process * memorandum, subject: ETP in Requesting Second Incentive Payment without Recoupment for [Applicant] * memorandum, subject: ETP for Requesting Grant Relief from Recoupment of Reenlistment/Extension Bonus * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of...
ARMY | BCMR | CY2012 | 20120006567
The applicant provides: * Enlistment waiver, dated 17 February 2009 * Enlistment contract CONSIDERATION OF EVIDENCE: 1. He received the first installment ($7,500.00) of his bonus upon his enlistment in the WIARNG. The governing regulation states to receive the PSEB an applicant must have received an honorable discharge at the conclusion of his or her last period of service.
ARMY | BCMR | CY2014 | 20140003377
The applicant requests, in effect, correction of his military records to show his entitlement to a $7,500.00 Prior Service Enlistment Bonus (PSEB) vice a $10,000.00 Enlistment Affiliation Bonus (EAFB) and cancellation of the recoupment payment of $3,750.00. The advisory opinion further stated: * The applicant enlisted in the CAARNG on 12 February 2007 and he signed a $10,000.00 EAFB addendum * He was not eligible to receive the bonus because he did not transition from active duty and had...
ARMY | BCMR | CY2012 | 20120007129
The applicant provides a: * PSEB exception to policy request * National Guard Bureau (NGB) denial letter * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) * NGB Form 600-7-6-R-E (Annex X to DD Form 4 (PSEB Addendum ARNG of the United States)) * NGB Form 21 (Annex A to DD Form 4 (Enlistment/Reenlistment Agreement - ARNG)) * NGB Form 600-7-5-R-E (Annex L to DD Form 4 (Student Loan Repayment Program Addendum - ARNG)) * NGB Form 590 (Statement of Understanding...
ARMY | BCMR | CY2010 | 20100011007
The applicant requests, in effect, payment of his Prior Service Enlistment Bonus (PSEB) in the amount of $7,500.00. The evidence of record shows the applicant enlisted in the USAR for a $7,500.00 PSEB. As a result, the Board recommends the applicant's records be corrected by: a. showing the applicant received an approved waiver to complete his required training outside the 24-month window, making him eligible to receive the Prior Service Enlistment Bonus; and b. paying to him the $7,500.00...
ARMY | BCMR | CY2013 | 20130003041
In connection with his enlistment, he completed a PSEB Addendum which states: "Upon my enlistment in the ARNG, I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria:" * I have completed not more than 16 years of total military service * I am qualified in and hold the primary MOS for which I am enlisting and hold the rank/grade of the required grade of the position * I am not enlisting into an excess position or a Title 10 or Title 32...
ARMY | BCMR | CY2012 | 20120004177
h. A reply received on 19 December 2011 shows the bonus addendum was missing from iPERMS and suggested the applicant submit an Exception to Policy to obtain the second half of the PSEB. The applicant enlisted in the MNARNG on 8 December 2008 for the PSEB; however, there is no PSEB addendum on file and none of his enlistment documentation supports he was ever offered the incentive. However, his record is absent of documentation and he has not provided sufficient evidence to show he was...
ARMY | BCMR | CY2011 | 20110010455
The applicant requests he be paid the second installment of his prior service enlistment bonus (PSEB) ($7,500.00) in accordance with his enlistment contract. In December 2010, he was told the previous State Incentive Manager had made a mistake by awarding his MOS a bonus and he was going to have to pay back the first installment of his bonus and he would not receive the second installment of his bonus. The 5 April 2011 NGB memorandum points out: * A $15,000.00 PSEB for a critical skill was...
ARMY | BCMR | CY2012 | 20120003823
On 10 January 2012, by memorandum in response to his request for an exception to policy to be paid the PSEB, a National Guard Bureau (NGB) official denied the request and stated: * In accordance with the ARNG SRIP eligible applicants were offered the PSEB * He enlisted in the MOARNG as MOSQ 11B * He completed the PSEB addendum and the bonus control number were accomplished after his enlistment * NGR 600-7 (Selective Reserve Incentive Programs) requires the addendum to be completed at the...