IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150014238 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 IN THE CASE OF: BOARD DATE: 6 September 2016 DOCKET NUMBER: AR20150014238 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 an exception to policy was approved allowing him to retain a pro-rated portion of $1,333.34, the amount of the recoupment debt levied against him for his non-prior service enlistment bonus. 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 cancelling the recoupment of the debt levied against him, in the remaining amount of $3,444.44, for his non-prior service enlistment bonus. _____________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: 6 September 2016 DOCKET NUMBER: AR20150014238 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 the recoupment action related to his non-prior service enlistment bonus (NPSEB). 2. The applicant states, in effect, the following: a. He enlisted for military occupational specialty (MOS) 11B (Infantryman) and contracted for a NPSEB of $8,000 on 1 December 2004. He was transferred out of the contracted MOS and into MOS 19D (Cavalry Scout) on 19 May 2007, due to his unit's reorganization. His original MOS reclassification order did not state unit reorganization as the reason for his MOS transfer; as a result, he received a memorandum on 31 July 2014 notifying him that $4,777.78 of his enlistment bonus would be recouped. b. With the help of his unit, he submitted an exception to policy (ETP) with supporting documentation that resulted in an amendment to his MOS transfer order that specified the correct reason for his MOS transfer, due to unit reorganization and not by individual request. Even with the corrected transfer order, he was advised by his unit that he would have to submit an application to this Board if he did not want his bonus recouped. 3. The applicant provides: * Annex E to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – Enlistment Bonus Addendum – Army National Guard of the United States (ARNGUS), dated 30 November 2004 * Orders 156-004, issued by Florida Army National Guard (FLARNG) on 5 June 2007 * Order 035-038, issued by the FLARNG on 4 February 2015 * DA Form 2823 (Sworn Statement), dated 23 January 2014 * a memorandum from Office of The Adjutant General (TAG), FLARNG, dated 31 July 2014 CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving on active duty, in the Active Guard/Reserve (AGR) program of the FLARNG and in the rank/grade of sergeant (SGT)/E-5. 2. The applicant enlisted in the FLARNG on 30 November 2004 for a total period of 8 years (6 years in a Selected Reserve unit and 2 years in the Individual Ready Reserve). His contract states he was enlisting under the standard training program with the assurance of attending the school course for MOS 11B. 3. In conjunction with his enlistment, he signed Annex E to DD Form 4, thus confirming he was eligible for a $8,000 NPSEB under the Selected Reserve Incentive Program (SRIP) provided he met certain criteria including serving at least 6 years in a unit in a paid drill status and service in critical skill MOS 11B. a. He acknowledged he understood he would receive his bonus, less taxes, in two payments of 50 percent of the total authorized amount. The first payment would be received when he completed his period of initial active duty training (IADT) and was awarded the MOS for which he contracted for. The second (final) payment of the remaining 50 percent would be paid upon the fourth year anniversary of his enlistment. b. He acknowledged, in part, that he would be terminated from bonus eligibility with recoupment if he voluntarily transferred to a non-critical skill and non-bonus unit (if enlisted for a critical skill he must remain in that critical skill for the initial three years) and recoupment would be effective the date of transfer. c. He acknowledged he understood that recoupment would be based upon multiplying the number of months served satisfactorily, during the term for which the incentive was authorized, by the proportionate monthly dollar amount determined by dividing the total authorized bonus amount by 72 months. 4. He entered IADT on 1 March 2005 and completed training and was awarded the primary MOS (PMOS) of 11B. He was honorably released from IADT on 17 June 2005 and transferred back to Company B, 3rd Battalion, 124th Infantry Regiment; a unit of the FLARNG. 5. His record contains the following documents: a. Orders 319-290, issued by the FLARNG on 15 November 2006, which transferred him from his current unit to Troop B, 1st Squadron, 153d Cavalry Regiment, Pensacola, FL. These orders indicate the transfer was based on the individual's request and was effective 15 November 2006. b. Orders 156-004, issued by the FLARNG on 5 June 2007, which awarded him MOS 19D as his new PMOS, with MOS 11B as his secondary MOS (SMOS), effective 19 May 2007. c. Orders 123-035, issued by the FLARNG on 2 May 2008, which transferred him from his current unit to Company B, 146th Signal Battalion. These orders indicate the transfer was based on the individual's request, as he volunteered for mobilization in support of Operation Iraqi Freedom (OIF). The orders state he was being assigned to an MOS 25L (Cable Systems Installer-Maintainer) position, for which he was non-qualified, effective 2 May 2008. d. Orders 166-266, issued by the FLARNG on 3 September 2008, which ordered him to active duty as a member of his unit on 2 October 2008, for the purpose of mobilization in support of OIF for a period not to exceed 400 days. e. Orders 250-008, issued by the FLARNG on 6 September 2008, which awarded him MOS 25L as his PMOS, MOS 19D as his SMOS, and MOS 11B as an additional MOS (AMOS), all action effective 16 August 2008. f. A memorandum from the applicant to the 146th Signal Battalion, subject: Request for ARNG MOS Conversion Bonus, dated 17 September 2008. He stated, in pertinent parts, the following: (1) He volunteered for the ARNG MOS Conversion Bonus program in MOS 25L. The MOS to which he is reclassifying is a shortage MOS in a unit that is mobilizing. (2) He agreed to serve three-years after the completion of his training and award of the MOS. He also agreed to voluntarily extend his current enlistment, or reenlist, upon reaching his normal reenlistment window of eligibility, so as to ensure he had three-years of service remaining after he completed his training and was awarded the MOS, if he had less than the required service remaining for the MOS training he was reclassifying to attend. (3) Upon the completion of his training, the ARNG would award him an MOS Conversion Bonus of $2,000, paid in one lump sum for his new PMOS. (4) He was not currently serving an initial period of service for which he received a critical skills enlistment bonus. g. Orders 295-0017, issued by Headquarters, Fort Bliss, Fort Bliss, TX on 22 October 2009, released him from active duty (REFRAD) upon demobilization from a contingency operation and assigned him back to Company B, 146th Signal Battalion, effective 13 November 2009. h. Three DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment), dated 21 November 2010, 30 August 2012, and 7 April 2013, respectively, which shows he extended his original enlistment for a total of 9 years establishing a new expiration of term of service date of 29 November 2019. 6. He provides: a. A DA Form 2823 (Sworn Statement), dated 23 January 2014, which states in pertinent parts, that: * he contracted for an eight year NPSEB on 30 November 2004 and was promised a $8,000 payment for MOS 11B; which was awarded on 17 June 2005 * his MOS changed to 19D due to an MTOE change on 19 May 2007 * he was awarded MOS 25L after he volunteered for a deployment with a critical unit on 16 August 2008 * he did not sign a contract for an MOS Conversion Bonus nor has received payment for such * he recently contracted for a 6-year reenlistment bonus of $10,000 on 7 April 2013 * due to clerical errors (the lack of a bonus control number and contract date), he has not received his bonus b. A memorandum to him from the FLARNG, dated 31 July 2014, subject: Notification of Incentive Eligibility Termination, which notified him of discrepancies found in his incentive contract regarding his NPSEB. This memorandum notified him that recoupment action would be initiated against him. It stated the reason for recoupment was his transfer out of the contracted MOS, effective 19 May 2007, and the amount of the recoupment would be $4,777.78. c. Orders 035-038, issued by FLARNG on 4 February 2015 and amended by Orders 319-290, issued by the FLARNG on 15 November 2006, which changed the assign/loss reason from "individual request" to "result of unit reorganization, relocation or deactivation." 7. In the processing of this case, an advisory opinion was obtained on 9 February 2016 from the Deputy Chief, Personnel Policy Division, National Guard Bureau (NGB), Arlington, Virginia. This official opined: a. Summary: (Applicant) request relief from recoupment in the amount of $4,777.78 pertaining to a NPSEB. b. Recommendation: Partial Approval. c. The Soldier enlisted as an 11B with a NPSEB of $8,000 for a period of six years, initiated on 30 November 2004. On 19 May 2007, the Soldier's unit reorganized causing him to reclassify involuntarily to the MOS of 19D. An ETP for the NPSEB of $8,000 was approved due to the involuntary reorganization of the unit he was assigned to. d. The Soldier volunteered for a deployment in 2008 with a critical unit under the stipulation that he must reclassify to [MOS] 25L. He transferred to the deploying unit on 2 May 2008. The Soldier was notified that his eligibility for incentive was terminated due to his transfer out of the contracted MOS effective 10 May 2007. Additionally, there was a recoupment in the amount of $4,777.78. e. Fiscal Year (FY) 05 Selective Reserve Incentive Program (SRIP) Policy Guidance for 1 October 2004 - 31 December 2004 (Policy Number 05-01), dated 24 September 2004, paragraph 6.i.(1) states, "The Soldier will be transferred back to the original unit within 180 days of the unit's return from deployment." The Soldier failed to revert back to the MOS of 19D upon returning from deployment and maintained the MOS of 25L. Recommend partial approval, recoupment in the amount of $3,444.44, [the] prorated amount calculated from the date of voluntary transfer to the deploying unit, effective 2 May 2008. f. This advisory opinion was coordinated with the NGB Incentives Branch and with concurrence from the State of Florida [FLARNG]. 8. The advisory opinion was provided to the applicant on or about 17 February 2016, for informational purposes and to afford him the opportunity to provide rebuttal comments; however, he did not respond. REFERENCES: NGB Memorandum, Fiscal Year (FY) 05 SRIP Policy Guidance for 1 October 2004 – 31 December 2004 (Policy Number 05-01), dated 24 September 2004, established policy and guidance applicable to ARNG Soldiers in an M-day status, to meet the readiness requirements of the ARNG. a. NPSEB. A $8,000 NPS enlistment bonus was offered to NPS enlistees if they enlisted into one of the "ARNG TOP 10" critical skill MOSs approved by NGB-ARM and identified by each state as necessary to support OIF. The following MOSs were eligible for this incentive if identified on the state critical skill list: 11B, 88M, 31B, 21B, 13B, 92A, 63B, 91W, 92G, 92Y. The Soldier must enlist into a vacant and valid position and must serve in the identified position for a minimum of two years to maintain bonus eligibility. b. SRIP clarification for deploying Soldiers. A Soldier who volunteered for deployment with the ARNG would retain incentive eligibility based on the following criteria: * the Soldier must be transferred back to the original unit within 180 days of the unit's return from deployment * the Soldier must be returned to the MOS for which the bonus was awarded and be the primary holder of the position * the Soldier could not be carried as excess DISCUSSION: 1. The applicant's request for cancellation of the recoupment action related to his NPSEB was carefully considered. 2. The evidence of record shows the applicant contracted for a NPSEB on 30 November 2004, in the amount of $8,000 in MOS 11B. After IADT, he was awarded MOS 11B on 17 June 2005. His unit was reorganized on 15 November 2006 and as a result his MOS was changed to 19D. He was granted an ETP in order to retain his original contracted bonus eligibility. 3. He volunteered for mobilization in support of OIF and was assigned to a critical unit in MOS 25L, effective 2 May 2008. He was awarded MOS 25L on 16 August 2008 and deployed in support of OIF on 2 October 2008. On 22 October 2009, he redeployed to the continental U.S. and was REFRAD and assigned back to his unit on 13 November 2009. Subsequently, he executed three separate DA Forms 4836 in order to reenlist with the unit he deployed with in MOS 25L. Additionally, it appears his sworn statement is based on a request to garner his reenlistment bonus of $10,000 for MOS 25L he contracted for in April 2013 and not for the recoupment action in question. 4. SRIP Policy Number 05-01, paragraph 6 i (1), in effect at the time, provided for Soldiers who volunteered for deployment with the ARNG to retain their incentive eligibility provided they transfer back to the original unit within 180 days of the unit's return from deployment; and provided they return to the MOS for which the bonus was awarded. 5. The advisory opinion recommended the Board grant partial relief from recoupment by recalculating recoup monies from the date of his voluntary transfer to the deploying unit, effective 2 May 2008. 6. The applicant reenlisted for MOS 25L and stayed in the unit he deployed with, thereby signifying his intention to not return to the MOS for which he originally contracted and received the bonus. It appears the NGB was justified in the initiation of the recoupment action against him; however, based on the advisory opinion, it appears the recoupment should be recalculated at a lesser amount. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014238 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014238 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2