IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160002639 BOARD VOTE: _____X____ ___X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160002639 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by: a. showing he was granted an ETP to retain the REB in the amount of $15,000.00 and b. paying him any portion of the REB not already paid up to the amount of $15,000.00. ____________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. IN THE CASE OF: BOARD DATE: 9 June 2016 DOCKET NUMBER: AR20160002639 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 recoupment of his reenlistment/ extension bonus (REB) based on his reenlistment in the Idaho Army National Guard on 16 December 2008. 2. The applicant states: a. His REB was terminated with recoupment due to changing his military occupational specialty (MOS). b. He was invited by his unit leadership to change his MOS to fill a needed position in MOS 46Q (public affairs specialist). The transfer orders did not state it was a command-directed move at the time. He did not seek out the opportunity, but was sought out by the leadership to change his MOS. He then received notification that the REB would be terminated with recoupment due to the MOS change. c. A request for an exception to policy (ETP) was submitted to the National Guard Bureau (NGB) and was denied. After the ETP submission, his unit leadership amended the orders to read his MOS change was a command-directed move. The State Incentive Manager resubmitted the request for an ETP to NGB with the amended orders, but NGB stated they were not authorized to reconsider the request and application to the Army Board for Correction of Military Records was his only option. d. During the term of enlistment for which he received the bonus in question, he fulfilled all of his service obligations and responsibilities as a Soldier. He never missed any drills and he deployed to Iraq in 2010-2011 in support of Operation New Dawn. e. He requests termination of recoupment of his REB due to the command-directed move. 3. The applicant provides: * DA Form 4187 (Personnel Action), dated 25 November 2015 * ETP requests, dated 7 November 2015 and 20 November 2015 * ETP denial letter, dated 9 December 2015 * REB Addendum CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Idaho Army National Guard on 26 November 2007. 2. His DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 16 December 2008, shows he reenlisted/extended for a 6-year period. His current expiration term of service was 25 March 2009. 3. His REB Addendum shows he extended for a bonus in the amount of $15,000.00. Section III (Bonus Amount and Payments) of this document shows he placed his initials in item 1, which states, "I will receive a total bonus payment in the amount of $15,000.00 less taxes for a 6-year reenlistment/extension in the NGB approved critical UIC [unit identification code]/skill of 25B [information technology specialist]." 4. He served in Iraq from 15 November 2010 to 2 September 2011. 5. He was promoted to staff sergeant effective 14 December 2012. 6. His records contain a DA Form 4187, dated 11 September 2014, which shows his duty position was changed to MOS 46Q effective 15 September 2014 because he was selected as the new brigade public affairs noncommissioned officer. 7. He provided a copy of the letter he wrote to NGB, dated 7 November 2015, wherein he stated: * he requests approval of an ETP in order to avoid repayment of his REB * he was not aware that his reclassification to public affairs specialist to fill a vacancy within his unit would be contrary to his enlistment contract * he extended his enlistment for a 1-year period to allow time to complete the MOS course to qualify for MOS 46Q * if recoupment of his REB for his 6-year enlistment as an information technology operator had been explained to him, he would not have agreed to change his MOS until he fulfilled his contract 8. He provided an ETP request for an REB from the Idaho Army National Guard to NGB, dated 20 November 2015, which states: * the applicant contracted for a 6-year $15,000.00 REB on 16 December 2008 in an MOS 25B position with a contract starting date of 26 March 2009 * he transferred out of the contracted MOS into an MOS 46Q position effective 15 September 2014 * in accordance with the REB contract, a transfer must be due to a command-directed move, unit inactivation, reorganization, or relocation * the applicant requests an ETP for relief from recoupment in the amount of approximately $1,458.33 due to his unawareness of the MOS requirement in his bonus contract 9. Idaho Army National Guard Orders 329-002, dated 25 November 2015, awarded him primary MOS 46Q and withdrew primary MOS 25B effective 10 July 2015. 10. He provided a memorandum from NGB, dated 9 December 2015, subject: Request for ETP for REB (Applicant), which states: a. An ETP request to retain the $15,000.00 REB is denied because the applicant voluntarily transferred out of the contracted MOS which violates Department of Defense Instruction 1205.21 (Reserve Components Incentive Program Procedures), paragraph 6.6.2. b. The applicant's contract starting date was 26 March 2009 and he contracted for MOS 25B. His current MOS is 46Q. c. The State Incentive Manager will terminate the incentive with recoupment effective the date of transfer. 11. He provided DA Form 4187, dated 25 November 2015, showing his duty position change to MOS 46Q was command directed effective 24 November 2015. 12. His DA Form 4836, dated 20 February 2016, shows he reenlisted/extended for a 6-year period. REFERENCES: Department of Defense Instruction 1205.21, paragraph 6.6.2, states persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria and are not separated from the Selected Reserve. DISCUSSION: 1. The applicant reenlisted/extended in the Idaho Army National Guard for a 6-year period on 16 December 2008 for an REB in the amount of $15,000.00 in MOS 25B. 2. NGB denied his request to retain the REB because he voluntarily transferred out of his contracted MOS; however, the evidence of record (DA Form 4187) shows his duty position change to MOS 46Q was command directed. 3. Department of Defense Instruction 1205.21 states persons whose military specialty is changed at the convenience of the Government are entitled to continue receiving incentive payments provided they meet all other eligibility criteria and are not separated from the Selected Reserve. The applicant met all other eligibility criteria and was not separated from the Selected Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002639 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002639 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2