BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20170015049 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ ___x_____ ___x___ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20170015049 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. BOARD DATE: 21 November 2017 DOCKET NUMBER: AR20170015049 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 was granted an exception to policy (ETP) to retain his reenlistment/extension bonus (REB). He further requests cancellation of the recoupment action levied against him after his bonus eligibility was terminated. 2. The applicant states, in effect: a. His REB was terminated with recoupment after he voluntarily changed his primary military occupational specialty (PMOS) from 15V (Observation/Scout Helicopter Repairer) to 15T (UH-60 (Blackhawk) Helicopter Repairer). b. The modified table of organization and equipment (MTOE) unit was changed, on 15 October 2012, from Detachment 1, Company C, 1st Battalion, 376th Aviation Regiment (unit identification code (UIC) WP7RC1) to Detachment 1, Company B, 1st Battalion, 376th Aviation Regiment (UIC WP7RB1). It later changed its UIC to WYDJB1 on 1 September 2014, at which time all 15V positions were transitioned to 15T and all 15V positions in the Illinois Army National Guard (ILARNG) were eliminated. c. Section V (Continued Receipt) of his bonus addendum states he would be eligible for bonus retention if his MOS was changed due to unit transition, inactivation, relocation, reorganization, or conversion. He therefore took the future MTOE change into consideration at that time and accepted a promotion for staff sergeant (SSG/E-6) (15T30) with Delta Company, 1st Battalion, 106th Aviation Regiment (UIC WYDED0), on 6 November 2013. There were no 15V E-6 positions in UICs WP7RC1 or WP7RB1. d. Had he kept his PMOS as 15V, he would not have been promoted and would have eventually transitioned to MOS 15T anyway, which would have adhered to Section V of the bonus addendum. e. He believes the recoupment action is an injustice and he should not be penalized for accepting a promotion (when his PMOS was being eliminated) and transitioning to another MOS for which he accepted the promotion. Additionally, the 15T MOS was eligible for the same bonus at the time he reenlisted. The unit in which he accepted the 15T30 promotion operated out of the same facility as his former unit and he frequently assisted them in their operations. He volunteered for a deployment with them in support of the Border Protection Agency. 3. The applicant provides a one-page typed statement and: * memorandum from the National Guard Bureau (NGB) for ARNG Personnel, dated 26 September 2012, subject: ARNG Selective Reserve Incentive Programs (SRIP) Fiscal Year (FY) 2012 – Update 2 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 3 October 2012 * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – REB Addendum – ARNG of the United States), dated 3 October 2012 * memorandum from the ILARNG, dated 26 August 2014, subject: Notification of Requirement to Terminate Incentives * memorandum from the applicant to the ILARNG, dated 15 September 2014, subject: Exception to Policy * memorandum from the NGB to the State Incentives Manager, ILARNG, dated 24 November 2015, subject: ETP for REB [Applicant] * three excerpts for the Aviation Security and Support Battalion MTOE with Command Control Numbers (CCNUM) 0112, 0212, and 0114 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the ILARNG on 14 January 2000 for a period of 6 years. He was trained in and held MOS 67T (UH-60 Helicopter Repairer). This MOS designation was converted to 15T in September 2004. 2. The applicant executed a DA Form 4836 on 13 January 2006, thereby extending his enlistment for a period of 6 years and establishing his expiration of term of service (ETS) date as 13 January 2012. At that time, he was assigned to Company D(-), 1st Battalion, 106th Aviation Regiment (UIC WYDED0). 3. Order 149-269, issued by the ILARNG on 29 May 2007, withdrew the applicant's PMOS of 15T2O and awarded MOS 15V2O as his PMOS and MOS 15T2O as his secondary MOS (SMOS), effective 27 June 2006. 4. The applicant executed another DA Form 4836 on 11 December 2011, thereby extending his enlistment for a period of one year and establishing his ETS date as 13 January 2013. At that time, he was assigned to Detachment 1, Company C, 1st Battalion, 376th Aviation Regiment (UIC WP7RC1). 5. The applicant executed another DA Form 4836 on 3 October 2012, thereby extending his enlistment for a period of 6 years and establishing a new ETS date of 13 January 2019. At that time, he was assigned to Detachment 1, Company B, 1st Battalion, 376th Aviation Regiment (UIC WP7RB1). 6. In conjunction with this extension, he signed a REB Addendum, wherein he affirmed his understanding of the eligibility requirements for this bonus by initialing the following statements: a. Section II (Eligibility), item 4: I must reenlist/extend Duty MOS Qualified (DMOSQ) in an MOS within an MTOE or Medical Table of Distribution and Allowances (TDA) unit only regardless of State or National assigned strength levels unless I am Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation or relocation) only. b. Section II (Eligibility), item 16: I agree to reenlist/extend for the obligation periods below: I am reenlisting/extending DMOSQ in MOS: 15V only for 6-years as the primary position holder in a rank and grade commensurate with this position and I am not coded 9993 or 999M in SIDPERS. c. Section III (Bonus Amount and Payments), item 1b: Non-Deployment Extension Stabilization Pay Six-Year REB: I am reenlisting/extending for 6 years and will receive a total bonus in the amount of $10,000. I certify that I am reenlisting/extending DMOSQ or Non-DMOSQ (Due to mobilization/deployment, unit transition (reorganization, inactivation, transformation or relocation) only) as the primary position holder and I am not coded 9993 or 999M. My bonus will be processed effective the day after my current ETS as a lump-sum payment. d. Section V (Continued Receipt), item 1a: I understand that I will be eligible for continued receipt of my REB if my MOS is changed due to unit transition, inactivation, relocation, reorganization, or conversion. I may continue to retain my REB provided I meet all other eligibility criteria, become DMOSQ within 24 months, and I am not separated from the Selected Reserve. e. Section IV (Termination), item 4d: I may be terminated from REB eligibility with recoupment if I voluntarily change my REB MOS during the contractual obligation unless assigned as an 09S Officer Candidate School Candidate or 09R Simultaneous Membership Program Cadet. The termination date will be the date of transfer reflected on my order. 7. In addition, he verified each section by placing his initials on every applicable line of the NGB Form 600-7-3-R-E, attesting to his understanding of the specific provision of each section, including eligibility, bonus amount and payments, suspension, continued receipt, termination, and statement of understanding, along with the service representative. 8. Orders 290-1018, issued by the ILARNG on 16 October 2012, transferred the applicant from Detachment 1, Company C, 1st Battalion, 367th Aviation Regiment, to Detachment 1, Company B, 1st Battalion, 367th Aviation Regiment, effective 16 October 2012. These orders show the transfer resulted from the applicant's request and his MOS at the time was 15V2F. 9. Orders 311-1050, issued by the ILARNG on 7 November 2013, transferred the applicant from Detachment 1, Company B, 1st Battalion, 367th Aviation Regiment, to Company D (-), 1st Battalion, 106th Aviation Regiment, effective 6 November 2013. The additional instructions in these orders contain the entry "SRIP – No." These orders were later amended to add the additional instruction "Intent: Promotion" as the reason for the transfer. 10. Orders 311-1051, issued by the ILARNG on 7 November 2013, show the following: * Grade of rank promoted to: "Staff Sergeant - SSG (E-6)" * MOS awarded: "PMOS: 15T3O SMOS: 15V3O" * MOS withdrawn: "PMOS: 15V2O SMOS: 15T2O" * Effective date: 6 November 2013 * Date of rank: 6 November 2013 11. The applicant provides a memorandum from the State Incentives Manager, ILARNG, dated 26 August 2014, subject: Notification of Requirement to Terminate Incentives. This memorandum states: a. On 6 November 2013, you voluntarily changed your PMOS which violates your bonus agreement. In accordance with Army Regulation 601-210 [Regular Army and Reserve Components Enlistment Program] and your bonus addendum, this requires your bonus to be terminated with recoupment. b. Your information regarding this action is as follows: (1) Incentive Type: Reenlistment/Extension Bonus (2) Recoupment Amount: $8,750.00 (3) Reason for Termination: Voluntary MOS Change c. You have the right to request an ETP if you have been improperly terminated from the SRIP. You must submit the ETP to the State Incentive Manager within 45 days from the date of this correspondence. 12. The applicant provides his ETP request, dated 15 September 2014, wherein he acknowledged that he signed a bonus addendum on 3 October 2012 for an REB in the amount of $10,000. According to the bonus addendum, he was slotted for PMOS 15V in UIC WP7RC1. a. On 15 October 2012, WP7RC1's MTOE changed and became WP7RB1. I accepted a promotion offer for 15T30 with D Company, 1st Battalion, 106th Aviation Regiment (WYDED0) on 6 November 2013, and was promoted to SSG with that unit. On 1 September 2014, UIC WP7RB1 MTOE changed to YYDJB1, which eliminated all 15V positions with WP7RB1 and in the ILARNG as a whole. b. The future MTOE change for WP7RB1 was taken into consideration when I changed my PMOS to 15T from 15V and prior to being offered promotion. If I would have kept my PMOS 15V, I would not have been offered a promotion and would have eventually been moved to a 15T slot anyway. I am formally requesting to keep my bonus due to these reasons. 13. The applicant provides a memorandum from the NGB to the ILARNG, which denied the applicant's request for an ETP on 24 November 2015. This memorandum states: a. An ETP to retain the $10,000 REB is disapproved for the discrepancy: voluntarily transferred out of the contracted MOS which violates the Department of Defense Instruction (DODI) Number 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2. b. Contract/agreement details: * State enlisted/accessed: IL; UIC: P7RC1 * Date of agreement/enlistment: 3 October 2012 * Contracted bonus addendum/agreement amount: $10,000 * Contracted AOC/MOS: 15V; Current AOC/MOS: 15T c. The discrepancy identified in paragraph 2 violated a DODI and the ARNG does not have the authority to approve this request. The State Incentive Manager will terminate the incentive with recoupment effective the date of transfer. d. The applicant may file a claim with the Army Board for Correction of Military Records (ABCMR) in accordance with Army Regulation 15-185 (ABCMR), if there is belief that an error or injustice still exists. 14. The applicant provides the following evidence that has not been discussed above: a. A two-page NGB Memorandum for ARNG Personnel, subject: ARNG SRIP FY 12 - Update 2, dated 26 September 2012, that extends FY 12 ARNG SRIP Policy to 31 December 2012 and clarifies eligibility requirements. It appears not to effect the applicant's situation. b. Three excerpts for the Aviation Security and Support Battalion MTOE with Command Control Numbers (CCNUM) 0112, 0212, and 0114. The applicant highlighted the appropriate paragraph and line number of his duty position on each excerpt. The MTOE excerpt pages for CCNUM 0114 shows 15T positions only. REFERENCES: 1. Department of Defense Instruction (DoDI) Number 1205.21 implements the policies, assigns responsibilities, and prescribes procedures for management of the Reserve Components incentive programs. a. Paragraph 6.6.2 (Written Agreements) states 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 6.6.6 (Relief from Termination) states persons who move from one location to another may continue incentive eligibility if they remain in the Selected Reserve of the same Military Department and are assigned to an incentive-eligible unit or incentive eligible critical skill. Persons whose military specialties are changed at the convenience of the Government or whose is inactivated, relocated or reorganized or converted are entitled to continue receiving incentive payments provided they meet all other eligibility criteria. c. Paragraph 6.6.8 (Termination and Recoupment): If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. Unless granted relief, as covered in paragraphs 6.6, the member must refund a prorated amount to the Government, if such termination is for certain reasons. A Soldier moving to a non-bonus skill or unit is required to repay the bonus, unless the move is required by the Reserve component. d. Paragraph 6.6.9 (Exception to Recoupment) states recoupment is not required in the certain circumstances when an incentive is terminated. These circumstances include death, injury or illness, or other impairment not the result of the member’s own misconduct. e. Paragraph 6.6.10 (Calculation of Refund) states, unless otherwise governed in law, the prorated amount refunded to the Government shall be calculated as follows: (1) Paragraph 6.6.10.1 – the number of months served satisfactorily during the term for which an incentive was paid shall be multiplied by the monthly rate authorized by the particular incentive. The monthly rate is calculated by dividing the total incentive amount by the number of months of Service the member has agreed to serve. This calculation results in the Service member's earned incentive. (2) Paragraph 6.6.10.2 – that earned incentive must be subtracted from the total incentive amount paid to the individual to date (initial and any subsequent payments). (3) Paragraph 6.6.10.3 – if the earned incentive is less than the total incentive amount paid, the overpayment to the individual must be recouped. If the earned incentive is more than the payments received to date (total of initial and any subsequent payments), that amount shall be paid in the final installment. (4) Paragraph 6.6.10.4 – termination from an incentive or any refund made by an individual shall not affect the period of obligation to serve in the Reserve. 2. DoD Financial Management Regulation (DoDFMR), Volume 7A, regarding guidance and compliance of all personnel in the administration of military pay, states the Secretary of the Military Department concerned has the discretion to render a case-by-case determination that the member’s repayment of, or the Military Department’s full payment of an unpaid portion of, a pay or benefit is appropriate when not doing so is contrary to a personnel policy or management objective; against equity and good conscience; or contrary to the best interest of the United States. 3. Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard and the USAR incentive programs. It provides that an REB may be awarded to a Selected Reserve Soldier who meets all immediate reenlistment or extension eligibility criteria and is reenlisting or extending for a valid position vacancy in a designated unit or MOS authorized for award of an immediate REB. 4. Army Regulation 601-210 governs the enlistment of persons, with or without prior service, in the Regular Army, the Army Reserve, and the ARNG. Paragraph 10-8 (Termination of incentives) states termination of eligibility for an incentive will occur if a Soldier voluntarily moves to a nonbonus unit or MOS. 5. National Guard Regulation (NGR) 600-7, in effect at the time, prescribed policies and procedures for the administration of the ARNGUS incentive programs and is used for the SRIP, which includes enlistment bonus, REB, affiliation bonus, SLRP, and the civilian acquired skills program (CASP). With regard to the REB, it states: a. Paragraph 3-3d (Eligibility) states an immediate reenlistment or extension bonus may be awarded to an ARNG Soldier who is qualified in and awarded the MOS for his/her position in a valid position in a bonus unit at the time the reenlistment or extension took effect. b. Paragraph 3-10 (Termination with Recoupment) states terminate entitlement for the REB when a Soldier voluntarily transfers to a non-bonus unit as of the effective date of transfer. 6. Department of the Army Pamphlet 611-21 (Military Occupational Classification and Structure) provides procedures and prescribes the method of developing, changing, and controlling officer, warrant officer, and enlisted military occupational classification structure. It further states implementation guidance on branch/functional area/AOC/CMF/MOS deletions and conversions would be available on an Army website and through published Notification of Future Changes (NOFC). 7. In an email, the U.S. Army Human Resources Command Career Manager for career field 15 (Aviation) stated MOS 15V was deleted from the Army force structure in November 2016. DISCUSSION: 1. The applicant requests correction of his records to show he was granted an ETP to retain his REB and cancellation of the recoupment action levied against him after his eligibility was terminated. 2. The evidence of record shows the applicant was awarded MOS 15V effective 27June 2006. He extended his ETS for a 6-year period from 13 January 2013 to 13 January 2019. In connection with his extension, he signed an REB Addendum with his enlisting official, wherein he agreed that for extending in MOS 15V, he would receive a $10,000 bonus payment. 3. His record contains orders that show he voluntarily transferred to another unit (WYDED0) effective 6 November 2013. Additional orders, effective on the same date, promoted him to the grade of SSG, withdrew PMOS 15V2O, and awarded him PMOS 15T3O. 4. The ILARNG State Incentive Manager notified him that he was in violation of Army policy and regulation by voluntarily changing his MOS; therefore, his REB eligibility would be terminated with recoupment. He was notified that he had the right to submit an ETP to retain his bonus. 5. The applicant submitted an ETP on 15 September 2014, stating he accepted a promotion offer for MOS 15T from another battalion and he was promoted on 6 November 2013. He contends this was based on his unit changing its MTOE/UIC in the near future, which would result in the elimination of his current MOS of 15V. 6. The NGB denied the applicant's ETP request on 24 November 2015, and directed the State Incentive Manager to terminate with recoupment on the effective date of transfer. The reason cited was the applicant's voluntary transfer out of the contracted MOS in violation of DoD instructions and Army regulation and polices. 7. MOS 15V was not deleted from the Army force structure until November 2016. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170015049 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170015049 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2