BOARD DATE: 28 July 2016 DOCKET NUMBER: AR20160008601 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: 28 July 2016 DOCKET NUMBER: AR20160008601 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: a. amending the applicant's records to show the National Guard Bureau cancelled recoupment of the previously received reenlistment/extension bonus (REB) monies; and b. terminating any ongoing recoupment actions and refunding, if necessary, any previously recouped monies related to the applicant's receipt of a portion of an REB. 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 correcting the applicant's records to show he was eligible for, and contracted for, an REB on 7 December 2008. ___________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: 28 July 2016 DOCKET NUMBER: AR20160008601 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 eligible for the reenlistment/extension bonus (REB) he contracted for as a member of the Florida Army National Guard (FLARNG). 2. The applicant states: a. When a Soldier reenlists and has a bonus attached to the reenlistment, the following individuals must forward the documentation for payment: * Retention Non-Commissioned Officer (NCO) * Readiness or Training NCO * Battalion S-1 * State J-1 * United States Property and Fiscal Office (USPFO) b. The Retention NCO ensured him that he was qualified for the bonus and somewhere along this process the proper documentation must have been attached to process payment. He is currently being told his bonus was not legal, due to the absence of a written agreement being in his records. However, Soldiers do not upload their own records and are dependent on their company’s full-time staff to process the paperwork correctly. How does the absence of documentation, which is the responsibility of others to upload, become the basis to penalize a Soldier that rightfully qualified for the incentive being offered? 3. The applicant provides copies of his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 7 December 2008, and a memorandum from the Office of the Inspector General, FLARNG, dated 5 May 2016. CONSIDERATION OF EVIDENCE: 1. The applicant reenlisted in the FLARNG on 7 December 2008. He executed a DA Form 4836, wherein his current expiration term of service (ETS) date of 22 August 2009 was extended for a period of 6 years, thus establishing a new ETS date of 22 August 2015. 2. A review of the applicant's records failed to reveal an REB Addendum reflecting his eligibility for a $15,000 REB corresponding to his extension on 7 December 2008. His record is void of evidence that shows he received an REB payment; however, his record contains a memorandum, issued by the FLARNG on 22 October 2015, notifying him that his eligibility for the REB incentive was terminated because no addendum or agreement could be located. 3. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served a period of active duty from 10 January 2012 through 5 August 2013. This DD Form 214 shows he was ordered to active duty for operational support (Full Time National Guard Duty – Operational Support (FTNGD–OS)) under the provisions of Title 32, U.S. Code, section 502(f). 4. Orders 200-001, issued by the FLARNG on 19 July 2013, ordered the applicant to full time National Guard duty in an Active Guard Reserve (AGR) status, for a period of 3 years, effective 6 August 2013. 5. His record contains a memorandum from the National Guard Bureau (NGB), addressed to the State Incentive Manager of the FLARNG and dated 4 March 2016, subject: Request for Exception to Policy (ETP) for REB, Staff Sergeant [Applicant]. The memorandum stated his ETP request to retain a $15,000 REB was disapproved due to the discrepancies listed below: a. A written agreement could not be located in his record, which violated Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2. b. He entered active duty as an AGR Soldier, which violates DODI 1205.21, paragraph 6.9.3. c. Contract/agreement details: * state enlisted/accessed: Florida; UIC: YKVB0 * date of agreement/enlistment: 7 December 2008 * contracted bonus addendum/agreement amount: $15,000.00 * contracted area of concentration (AOC)/military occupational specialty (MOS): 14S (Air and Missile Defense Crewmember) * current AOC/MOS: 14G (Air Defense Battle Management System Operator) d. The discrepancies identified violated DODI and the ARNG does not have the authority to approve the ETP request. The State Incentive Manager was instructed to terminate the incentive with recoupment effective the contract start date. 6. In support of his application, the applicant provides a memorandum, issued by the Office of the Inspector General (IG), Florida National Guard on 5 May 2016, which stated: a. They conducted a thorough inquiry into the applicant's request for assistance. Their inquiry determined that no copy of his bonus addendum could be located. They queried every system that could have contained a copy of the relevant document but found no record of it. b. They were able to locate information pertaining to the transmittal letter (TL) used to initiate the payment, such as the TL number, date, and bonus control number. In order for the payment to be processed, a copy of the bonus addendum would have been required to accompany the TL. However, because the obligatory record-keeping time for this action (6 years and 3 months) had passed, those records were not able to be located by the local USPFO. This, combined with the failure of responsible personnel to ensure the document was loaded into the applicant's official military personnel file, indicated a copy of the document was not likely to be found. c. Regarding the decision by the NGB to deny his request for an ETP that led to the initiation of the recoupment action, he could appeal the decision to the Army Board for the Correction of Military Records. REFERENCES: DODI Number 1205.21 prescribes policy and procedures for management of the Reserve components incentive programs to include the REB. a. Paragraph 6.2 states 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. b. Paragraph 6.9.3 states recoupment is not required in instances where an incentive is terminated after the member accepts an AGR position or a military technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment. DISCUSSION: 1. The evidence shows the applicant reenlisted in the FLARNG on 7 December 2008, thereby extending his ETS dated from 22 August 2009 to 22 August 2015. While the Office of the IG, FLARNG found evidence that supports his contention that he was eligible for and offered an REB at the time of reenlistment, his record is void of a written agreement that confirms this. 2. The NGB denied the applicant's ETP request for the REB because he violated the incentive terms stipulated in DODI 1205.21 when he entered active duty as an AGR Soldier: * a written agreement could not be located in his records to verify that an REB was offered at the time of his reenlistment/extension * he voluntarily accepted an AGR position on 6 August 2013, after the contract start date but prior to its fulfillment 3. Subsequently, the applicant's eligibility for an REB was terminated in accordance with applicable DOD policy and regulations. The NGB decision memorandum instructed the State Incentive Manager to terminate the applicant’s incentive with recoupment, effective the contract start date. 4. The applicant's contentions and the documents he provided were carefully considered; however, his bonus eligibility was rightfully terminated for the reasons previously cited. Without evidence to the contrary, the action taken by the NGB to terminate the incentive appears to be proper. 5. However, in accordance with applicable guidelines and instructions, recoupment is not required where an incentive is terminated after the member accepts an AGR position. In view of the foregoing, it would be appropriate to cancel ongoing recoupment actions related to his receipt of any portion of an REB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008601 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008601 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2