BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20150017407 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ___x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20150017407 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant is eligible to retain the $5,000.00 reenlistment bonus with relief from recoupment, to include reimbursement of any monies already recouped. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to correction of his records related to additional payment of a GI Bill Kicker. _____________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. BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20150017407 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 revocation of the action that resulted in creation of a debt with reimbursement of monies recouped and back pay for the Army College Fund (additional educational benefits known as the GI Bill Kicker) that was not paid during his school attendance. 2. The applicant states: a. Orders were issued to transfer units for mobilization. His orders were erroneously coded as "Individual's request" and later revocation orders corrected the coding error and a new set of orders were issued coded "mobilization of individual." b. The revocation orders were not caught by the State Incentives Office and have caused his bonus to become a debt with current recoupment from his pay. This chain of events has caused a loss in nearly all drill pay and revocation of his GI Bill Kicker. c. The attached forms show the original orders, the revocation orders, and the corrected mobilization of individual orders. The injustice is that the sign-on bonus is being recouped as a debt via drill pay. The GI Bill Kicker was also taken away ($250.00). The debt recouped needs to be refunded (tax free since the taxes have been paid on the original bonus). Back payment of the GI Bill Kicker for school attended during this time is also due. 3. The applicant provides: * Headquarters, Missouri National Guard, Orders 207-146 * Headquarters, Missouri National Guard, Orders 228-118 * Headquarters, Missouri National Guard, Orders 293-122 * Headquarters, Missouri National Guard, Orders 251-266 * Army National Guard Current Annual Statement, 6 pages CONSIDERATION OF EVIDENCE: 1. Having prior active duty and Reserve enlisted service, the applicant enlisted in the Missouri Army National Guard (MOARNG) on 22 November 2005 with reenlistments in 2008 and 2011. 2. On 30 September 2011, the applicant extended his enlistment for 6 years and was authorized a reenlistment bonus (REB) and assigned control number R1109XXXXMO. 3. Headquarters, Missouri National Guard, Orders 207-146, dated 25 July 2012, show the applicant was transferred at the "Individual's Request." 4. Headquarters, Missouri National Guard, Orders 228-118, dated 15 August 2012, show the applicant was "involuntarily transferred due to mobilization." All other information in these orders is identical to the 25 July 2012 orders. 5. Headquarters, Missouri National Guard, Orders 293-122, dated 20 October 2014, transferred the applicant back to his National Guard unit. 6. Headquarters, Missouri National Guard, Orders 251-266, dated 7 September 2016, involuntarily transferred the applicant to the main command post due to inactivation, reorganization, or relocation. 7. An advisory opinion was obtained from the Deputy Chief, Personnel Policy Division, National Guard Bureau, wherein he stated: a. On 30 September 2011, the applicant extended his enlistment contract for 6 years, to include an REB with the bonus control number R1109XXXXMO. According to the Guard Incentives Management System, the applicant incentive was terminated due to his voluntary transfer out of a bonus-controlled military occupational specialty. Orders 207-146, dated 25 July 2012, effective 21 July 2012, show the reason for assignment/loss as "Individual's request." Orders 228-118, dated 15 August 2012, effective 21 July 2012, show the reason for assignment/loss as "Mobilization of Individuals" with additional instructions of "Individual is involuntarily transferred due to mobilization." b. Orders 207-146 were incorrectly issued and rendered him ineligible to retain his REB. Due to this fact, the Incentive Manager for the Missouri Army National Guard terminated the applicant's REB with recoupment. The corrected orders – Orders 228-118 – maintain the applicant's eligibility to retain his REB. c. The National Guard Bureau recommends approval. The applicant is eligible to retain the $5,000.00 REB with relief from recoupment, to include all monies recouped to be paid to the applicant. d. This advisory opinion was coordinated with the National Guard Bureau Incentives Branch. e. The Missouri Army National Guard did not provide comment with this recommendation. 8. A copy of the advisory opinion was forwarded to the applicant. The applicant did not reply. REFERENCES: Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). a. The ABCMR considers individual applications that are properly brought before it. In appropriate cases, it directs or recommends correction of military records to remove an error or injustice. b. The ABCMR staff will review each application to determine if it meets the criteria for consideration by the ABCMR. The application may be returned without action if the ABCMR does not have jurisdiction to grant the requested relief. DISCUSSION: 1. The applicant's original mobilization orders incorrectly listed his reason for transfer as voluntary, not due to involuntary mobilization. 2. Because of the error in the orders, the applicant's REB was terminated and an indebtedness was created. 3. While the applicant contends the error in the orders also resulted in the loss of his GI Bill Kicker, he provided no documentation to support this contention. The GI Bill is administered by the Department of Veterans Affairs; the ABCMR does not have the jurisdiction to address this portion of his request. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150017407 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150017407 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2