BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160002581 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 BOARD DATE: 30 May 2017 DOCKET NUMBER: AR20160002581 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 Army National Guard records of the individual concerned be corrected by showing she is exempt from recoupment of her Reenlistment/Extension Bonus based on her permanent retirement due to physical disability and returning to her any portion of the incentive that has been recouped. _____________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: 30 May 2017 DOCKET NUMBER: AR20160002581 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 reversal of the National Guard Bureau's (NGB) decision to deny her an exception to policy (ETP) to retain a $10,000 Reenlistment/Extension Bonus (REB). 2. The applicant states: a. She contracted for a $10,000, military occupational specialty (MOS) 91B (Wheel Vehicle Mechanic) REB on 11 December 2012. She was promoted into her secondary MOS of 92A (Automated Logistical Specialist), effective 16 August 2013. She became a permanent military technician effective 27 July 2014. An NGB ETP request was submitted but was denied because it was a violation of the Department of Defense Instruction (DODI) and NGB stated they did not having the authority to approve such a request. b. She was unaware and uniformed that being promoted outside of her bonus MOS would cause recoupment of her reenlistment bonus. Her chain of command offered her the promotion and encouraged her to take the promotion in her secondary MOS. No one told her that accepting the promotion would violate her contract and result in recoupment of the bonus. If she had known this, she would not have accepted the promotion. She depends on her drill checks to help pay for her medication and doctor visits. She was recently diagnosed with multiple sclerosis (MS). She needs her full drill checks to help pay for the medication that helps slow the progression of her MS down. If someone in her unit or state would have explained that accepting the promotion would affect her bonus, she would not have accepted the promotion. c. The State has since completed training on this specific issue to ensure units are aware; however, prior to this Soldiers were not counseled on this issue. She requests relief from recoupment due to medical and financial hardship. 3. The applicant provides: * Promotion orders * ETP request, recommendation, and denial letter * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * REB Addendum CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Idaho Army National Guard (IDARNG) on 21 August 2007. She entered active duty for training (ADT) on 24 September 2007 and completed required training for award of MOS 92A. 2. She was honorably released from ADT on 6 March 2008. She was promoted to E-4 on 21 August 2009, while assigned to the 1st Battalion, 148th Field Artillery, Pocatello, ID. 3. She entered active duty on 1 April 2010 and completed Phases 2 and 3 of the Wheel Vehicle Mechanic Course. She was honorably released from ADT on 16 September 2010. 4. She entered active duty on 17 September 2010 and served in Iraq from 19 November 2010 to 4 September 2011. She was honorably released from active duty on 23 October 2011. 5. On 11 December 2012, while assigned to the Brigade Support Battalion, Idaho Falls, ID, in MOS 91B, she executed a 6-year extension in the IDARNG. With her extension, she also signed Annex R (REB Addendum, ARNG). 6. In the Addendum, which was assigned a bonus control number and was signed by her and a witnessing official, the applicant acknowledged that: * if she is Non-Duty MOS Qualified (DMOSQ) at the time of extension, she must be DMOSQ within 24 months from the contract start date; her initial payment would not start until she becomes DMOSQ * she was reenlisting/extending DMOSQ in MOS 91B for 6 years as the primary position holder in the rank/grade commensurate with this position; she was reenlisting/extending for 6 years and would receive a total bonus of $10,000 * the bonus would be terminated with recoupment if she voluntary changed her REB MOS during the contractual obligation * she acknowledged her understanding of the termination with or without recoupment of the bonus 7. On 16 August 2013, IDARNG published Orders 228-034 promoting her to sergeant (SGT)/E-5, awarding her primary MOS 92A and secondary MOS 91B, effective 16 August 2013. She was assigned to Company E, 1st Battalion, 183rd Aviation, in MOS 92A. 8. In November 2014, she submitted an ETP through her chain of command to the NGB to retain the $10,000 bonus. Her chain of command stated: a. The applicant contracted for a $10,000 91B REB on 11 December 2012. She was promoted into her secondary MOS of 92A effective 16 August 2013. She was unaware and uninformed that being promoted outside of her bonus MOS would cause issues and recoupment of her reenlistment bonus. b. The State has since completed training on this specific issue to ensure units are aware of the need to check incentive contracts prior to SMOS promotions being done; however, prior to this Soldiers were not counseled on this issue. She requests relief from recoupment of the $10,000 as she is having a medical issue which is already causing financial hardship. The State of Idaho is requesting an ETP for relief from recoupment due to unit error in understanding promotion outside of bonus MOS as a voluntary move. 9. On 25 November 2014, the NGB disapproved her ETP to retain the $10,000.00 REB for two reasons: (1) she voluntarily transferred out of the contracted MOS which violates the DODI 1205.21 (Reserve Components Incentive Programs Procedures), paragraph 6.6.2, and (2) she became a military technician which violates DODI 1205.21, paragraph 6.9.3. The discrepancies violated a DODI and the NBG does not have the authority to approve this request. The State Incentive Manager will terminate the incentive with recoupment effective the date of transfer. 10. She was processed through the integrated disability evaluation system and found unfit based on her diagnosis of MS. She was permanently retired on 20 December 2016 in the rank/grade of sergeant/E-5 with a 90-percent disability rating. REFERENCES: DODI 1205.21 governs the Reserve Component Incentive Programs Procedures. It states in: a. Paragraph 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. Persons who accept military technician positions on a temporary assignment of less than 6 months. b. Paragraph 6.7 (Nonavailability) states members of the Ready Reserve who incur a period of authorized nonavailability (i.e. temporary overseas residence, missionary obligation, or overseas employment obligation, etc.,) shall have their incentive suspended. c. Paragraph 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 and 6.7, above, the member must refund a prorated amount to the Government, if such termination is for certain reasons. Sub-paragraph 6.8.3 addresses moves to a non-bonus skill or unit, unless the move is required by the Reserve component. b. Paragraph 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. Paragraph 6.9.3 states, if accepting an Active Guard and Reserve 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, the initial payment may be retained. DISCUSSION: 1. During her assignment to the 145th Brigade Support Battalion, Idaho Falls, ID, the applicant executed a 6-year extension in the IDARNG on 11 December 2012. She agreed to serve for 6 years in MOS 91B in exchange for a $10,000 bonus. She violated her contract when she voluntarily transferred out of the contracted MOS and accepted a promotion in a different MOS. She also was in violation of her contract when she accepted a military technician position 8 months after signing her incentive contract. While she states otherwise, there is evidence she was counseled during the execution of her REB contract and she acknowledged her understanding of the conditions that could lead to termination with or without recoupment. 2. In November 2014 her request for an ETP was denied by the NBG. In December 2016 she was permanently retired from the ARNG because of an illness that was not due to her own misconduct. She received a 90 percent disability rating. There is a provision in the directive allowing for relief from recoupment of an incentive provided an illness resulting in discharge or retirement was not the result of the member’s own misconduct. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002581 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002581 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2