BOARD DATE: 21 January 2016 DOCKET NUMBER: AR20150009732 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 cancellation of the recoupment of his prior service enlistment bonus (PSEB) in the Missouri Army National Guard (MOARNG). 2. The applicant states: * the recoupment action was started because he did not remain in the contracted military occupational specialty (MOS) * the change in MOS was no fault of his; the unit Modified Table of Organization and Equipment changed * his critical skill position was eliminated which forced him into a different MOS; it was not his choice * the statement that he voluntarily transferred to a non-critical MOS is incorrect * his career has not advanced; he is still an E-5 since February 2015 and no advancement has occurred * at no time did the staff tell him the new MOS was non-critical; he would have chosen a different MOS if he had known 3. The applicant provides: * National Guard Bureau (NGB) denial of exception to policy * DA Form 4187 (Personnel Action), voluntary reassignment * Email exchange CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the MTARNG on 12 February 1985 and he held MOS 63B (Light Wheel Vehicle Mechanic). He was promoted to SGT/E-5 on 3 April 1989. He was honorably separated from the MTARNG on 11 June 1993 and he was transferred to the U.S. Army Reserve (USAR) Control Group. He was honorably discharged from the USAR on 14 February 1995. 2. He enlisted in the MOARNG for a 6-year term in the rank/grade of SGT/E-5 on 30 January 2007. In connection with this enlistment, he completed and he and an official signed Annex X (PSEB Addendum). He acknowledged that: * he had completed not more than 16 years of total military service * he was not qualified in the MOS in which he enlisted but had enlisted in a State Critical Skill MOS and agreed to attend training and become qualified in his contracted MOS within 24 months * he met all enlistment eligibility criteria set forth in National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) * he was not enlisting into an excess position or into a Table of Distribution and Allowances unit * he was not enlisting for a Title 10 or Title 32 Active Guard Reserve tour or military technician position and he had received an honorable discharge for all periods of prior military service * he must enlist into a critical unit identification code and/or a critical skill approved by the National Guard Bureau (NGB) * he would receive a total bonus payment in the amount of $15,000 less taxes for a 6-year enlistment, to be paid in two 50% installments of $7,500 * the first 50% ($7,500) installment would be processed for payment upon enlistment, or if not MOS qualified, upon successful completion of MOS training in MOS 21E (Heavy Construction Equipment Operator) * the second and final 50% ($7,500.00) installment would be processed for payment on the third anniversary of the date of enlistment 3. He completed the Heavy Construction Equipment Operator Course (MOS 21E) from 4 to 20 May 2008 and he was awarded primary MOS 21E by orders issued by MOARNG, effective 20 May 2008. 4. He served in his primary MOS with Company A, 935th Support Battalion (Aviation Support). 5. On 29 March 2011, the Commander, A Company, 935th Support Battalion signed a DA Form 4187 reassigning the applicant to another line/paragraph number in duty MOS 92W (Water Treatment Specialist). The DA Form 4187 reads “career progression MOS change necessary for career advancement.” 6. The applicant subsequently completed Phase I of the Water Treatment Specialist Course from 30 April to 13 May 2011 and Phase II from 11 to 24 June 2011. Accordingly, on 30 June 2011, MOARNG published orders awarding him primary MOS 92W, effective 24 June 2011. 7. He remained assigned to the 935th Aviation Support Battalion but in duty MOS 92W. He executed a 1-year extension of his enlistment contract on 29 December 2011. 8. He entered active duty on 4 June 2012 and served in MOS 92W in Kuwait from 4 August 2012 to 21 April 2013. He was honorably released from active duty on 9 June 2013. 9. It appears while he was on active duty, he submitted an exception to policy request to the NGB to retain the incentive. However, on 18 September 2012, the NGB denied his request. An NGB official stated: a. An exception to policy to retain the $15,000 PSEB offered at the time of his enlistment on 30 January 2007 was denied. The State Incentive Manager (IM) would terminate the incentive with recoupment. In accordance with ARNG Selected Reserve Incentive Program Guidance 07-04 (effective 1 January 2007 to 31 March 2007) eligible applicants were offered the PSEB. b. The applicant enlisted into the MOARNG on 30 January 2007 for the PSEB in Critical Skill MOS 21E. He voluntarily transferred to MOS 92W effective 29 March 2011 for career advancement. In accordance with DOD Instruction 1205.21, section E3.1.2.3, the applicant was required to serve in the Critical Skill for which the bonus was approved. Therefore, the State IM would terminate the incentive with recoupment. 10. On 11 December 2012, the Commander, A Company, 935th Support Battalion dispatched a DA Form 4187 reassigning the applicant to another line/paragraph number, as a Water Treatment Specialist, in duty MOS 92W. The DA Form 4187 reads “Additional Comments: career progression MOS change was necessary due to involuntary duty MOS transfer, unit reorganization.” 11. On 15 February 2013, the applicant executed a 6-year extension of his enlistment contract in the ARNG. He remained assigned to Company A, 935th Aviation Support Battalion. 12. On 15 April 2014, he was approved for an inter-state transfer to the MTARNG. 13. NGR 600-7 (Selected Reserve Incentive Programs) states enlistment bonus contracts are valid only with a signed contract with the condition and terms of contract and bonus control numbers which will be issued from the State Incentive Management Office to Military Entrance Processing Station counselors and reported to NGB on a monthly basis. The State IM will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted in the MOARNG for a 6-year term on 30 January 2007. He agreed to serve in the critical MOS of 21E for 6 years (January 2013). He was paid the incentive. However, according to his unit and the State ARNG, he changed his career progression MOS to 92W on 29 March 2011 and subsequently attended and completed training for award of MOS 92W. The reason cited by his commander (on the DA Form 4187) was that his action was voluntary. 2. The PSEB is a part of the ARNG SRIP. Qualifying prior service Soldiers could receive a bonus amount of up to $15,000 for enlisting into designated critical skills. These are specialties that are critical to the State in accomplishing its mission. Available critical skill positions vary from State to State. In exchange for the incentive, a member agrees to serve the contractual period in that critical MOS. The applicant did not serve the agreed period of 6 years as he agreed. He changed specialties in 2011, prior to completing his contractual agreement. 3. Although the applicant enlisted in good faith and remains assigned to the ARNG, albeit in a different state, he still did not serve the agreed number of years in the critical MOS he contracted for, in violation of the ARNG SRIP and the intent of this incentive. 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) AR20150009732 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150009732 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1