IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150013804 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 IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150013804 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. IN THE CASE OF: BOARD DATE: 29 September 2016 DOCKET NUMBER: AR20150013804 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 a Reenlistment/Extension Bonus (REB) recoupment action. 2. The applicant states, in effect, he does not believe an injustice occurred. His request is based on 20 years of service. He would like to have continued to serve; however, the long deployments were too much for his civilian occupation. 3. The applicant provides a letter from the Joint Force Headquarters, Mississippi Army National Guard (MSARNG). CONSIDERATION OF EVIDENCE: 1. On 7 December 1988, the applicant enlisted in the Missouri Army National Guard (MSARNG) for a period of 6 years. 2. A National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) REB Addendum - ARNG) shows on 21 January 2007, he extended/reenlisted in the ARNG for a period of 3 years and an REB in the amount of $7,500 under the Selected Reserve Incentive Program (SRIP). The REB was to be paid in one lump sum and it would be processed on the date his reenlistment or extension took effect. His NGB Form 600-7-3-R-E states in Section VI (Termination with Recoupment), "I understand I will be terminated from bonus eligibility with recoupment if I separate from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of own misconduct." 3. A DA Form 4836, dated 21 January 2007, shows his expiration term of service (ETS) date was established as 6 December 2010. 4. On 23 January 2009, he received a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter). 5. On 16 May 2009, he requested retirement from the MSARNG and transfer to the Retired Reserve. He was transferred to the Retired Reserve effective 11 October 2009, with termination of his SRIP. 6. His request for an exception to policy (ETP) to retain the $7,500 REB was denied by the National Guard Bureau (NGB) on 18 April 2013 and the incentive was to be terminated with recoupment. His ETP request was denied because he was discharged or separated prior to completion of his service obligation which violated the ARNG SRIP Guidance for fiscal year 2007 (Policy 07-06). 7. He provides a letter from the MSARNG, State Incentive Manager, dated 28 July 2015, informing him of an REB recoupment action. This action was based on his separation action prior to completion of his service obligation date. The recoupment amount was $2,916.67. REFERENCES: ARNG SRIP Guidance Policy Number 07-06 establishes policies pertaining to the administration of ARNG incentives. Paragraph 5 (Termination with Recoupment) states that if entitlement to an incentive is terminated for any reason before 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 terminating date. Unless granted relief, the member must refund a prorated amount to the Government, if such termination results from, in pertinent part, separation from the ARNG for any reason (including enlistment or voluntary order to active duty in the active forces). DISCUSSION: 1. The evidence of record shows the applicant extended for an REB in the amount of $7,500 for 3 years on 21 January 2007, thereby establishing an ETS date of 6 December 2010. He requested retirement and transfer to the Retired Reserve on 19 May 2009. He was transferred to the Retired Reserve effective 11 October 2009. 2. ARNG SRIP Guidance Policy Number 07-06 provides if an incentive is terminated for any reason before 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 terminating date. Unless granted relief, the member must refund a prorated amount to the Government, if such termination results from, in pertinent part, separation from the ARNG for any reason. 3. Based on the available evidence neither material error nor an injustice occurred in the applicant's case. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150013804 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150013804 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2