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 applicantÂ’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
ARMY | BCMR | CY2015 | 20150001633
IN THE CASE OF: BOARD DATE: 5 May 2015 DOCKET NUMBER: AR20150001633 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. c. A Request for ETP memorandum, dated 16 December 2014, wherein the Deputy G1, National Guard Bureau (NGB), advised the MSARNG that an ETP for the applicant to retain the $10,000 REB was denied because the applicant's contract/bonus addendum was signed after the date of reenlistment/extension which violated the ARNG Selection Reserve Incentive Program (SRIP) for Fiscal Year...
ARMY | BCMR | CY2014 | 20140016376
g. The ETP denial further stated she was still under contract obligation for a ROTC scholarship when she signed the OAB agreement. The applicant became a MILTECH after serving al least 1 day of the contract term she signed an agreement for the OAB while on the SMP scholarship, and her OAB addendum was signed after the commissioned date, all of which were not authorized and violated the ARNG Selected Reserve Incentive Program (SRIP) 07-06, updated, 1 March 2009 to 15 June 2010. b. She did...
ARMY | BCMR | CY2014 | 20140011736
The applicant requests correction of his records to show he is qualified to retain the Enlisted Affiliation Bonus (EAB) he contracted for with the Missouri Army National Guard (MOARNG). The applicant states that he contracted with the MOARNG to get a $20,000 bonus. The available evidence clearly shows that the applicant enlisted in the MOARNG on 15 March 2006 for a period of 6 years and completed the bonus addendum that day.
ARMY | BCMR | CY2013 | 20130018238
The applicant provides: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States) * self-authored statements * Army Board for Correction of Military Records (ABCMR) Record of Proceedings AR20090007581, dated 16 June 2009 * OAB Agreement * 2 ETP Denial Letters, dated 7 June 2013 and 1 July 2013 * Honorable Discharge Certificate * NGB Form 22 * NGB Form 337 (Oaths of Office) CONSIDERATION OF EVIDENCE: 1. The NGB ETP denial letters both show: * the...
ARMY | BCMR | CY2015 | 20150004491
However, because he signed the paperwork 4 days prior to his accession date, and based on Selected Reserve Incentive Program (SRIP) guidance that was rescinded, it was later determined that he was ineligible to receive the bonus and that he was required to pay back the $5,000 already paid. The applicant signed an agreement for the OAB while on the ROTC scholarship which was not authorized and violated the ARNG SRIP FY07 (Policy Number 07-06 with updates) effective 1 March 2009. b. While it...
ARMY | BCMR | CY2012 | 20120005764
He states personnel responsible for assigning a bonus control number did not do so, and the first lieutenant who was the officer in charge (OIC) did not sign his paperwork. In view of the foregoing, it would be appropriate to correct his record to show his Written Agreement – OAB Addendum was signed by a witnessing officer and assigned a bonus control number. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show his...
ARMY | BCMR | CY2014 | 20140000767
In his 10 September 2013 sworn statement the applicant stated the next payment on his bonus was denied because he was not currently slotted in MOS 12R and the enlisting official did not sign his bonus addendum. A bonus control number was approved and a service representative signed his document to prove there was an agreement between him, the Federal government, and Delaware concerning his bonus. When the DEARNG Deputy Chief of Staff, Personnel requested an ETP for the applicant to receive...
ARMY | BCMR | CY2015 | 20150004258
He provided an NGB Form 600-7-6-R-E, dated 24 April 2009, which shows he was eligible for a Prior Service Enlistment Bonus under the Selected Reserve Incentive Program. A memorandum, dated 4 August 2013, from the Commander of Company A, 230th Brigade Support Battalion, NCARNG who stated that the applicant completed the paperwork for a reenlistment bonus. An ETP request to retain the applicant's $50,000 SLRP was denied by the NGB based on the following: a. the applicant contracted in MOS...
ARMY | BCMR | CY2014 | 20140018684
The applicant placed her initials at the highlighted areas on the addendum acknowledging her contract included the following conditions: a. she was duty MOS qualified for the position and held the rank and grade commensurate with the vacancy she was reenlisting for; b. she was not reenlisting or extending for an Active Guard Reserve (AGR) tour or for a technician position; c. she was not serving in an AGR position; d. she would serve satisfactorily for the entire period of her enlistment to...
ARMY | BCMR | CY2013 | 20130020491
To qualify for an OAB the officer must sign the OAB Addendum on the date they accept their commission as a second lieutenant or appointment as a warrant officer and the Addendum must contain a bonus control number. The evidence of record confirms the applicant was appointed as an FLARNG 2LT EN Corps officer in the critical AOC of 12B and he executed an oath of office on 8 May 2009. As a result, the Board recommends that all Department of the Army and Army National Guard records of the...