IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20160003145 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: 19 July 2016 DOCKET NUMBER: AR20160003145 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: 19 July 2016 DOCKET NUMBER: AR20160003145 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 to retain the initial $10,000.00 payment of the $20,000.00 enlistment bonus he contracted for under the Non-Prior Service Selected Reserve Incentive Program (SRIP) and, if not, he be given a recoupment payment plan. 2. The applicant states: a. He enlisted in the West Virginia Army National Guard (WVARNG) on 5 December 2007, and contracted for military occupational specialty (MOS) 89D (Explosive Ordnance Disposal (EOD) Specialist) with Modified Table of Organization and Equipment (MTOE) unit 753d Ordnance Company, for which he was offered a $20,000.00 bonus. b. While attending MOS 89D training, the State RSP Coordinator transferred the applicant into MOS 88M (Motor Transport Operator), another critical shortage MOS, which helped increase the readiness strength for the 1257th Transportation Company. c. Upon completion of 88M MOS training, he received the first portion of his enlistment bonus in January 2009. d. On 14 February 2011, Colonel J___ R____ submitted an exception to policy (ETP) request on his behalf to retain his enlistment bonus that was subsequently denied on 3 December 2015. e. He since reenlisted and transferred to MOS 13D (Field Artillery Automated Tactical Data System Specialist). f. He was promoted to sergeant, upheld his duties and commitment in keeping with the highest standards set forth in the WVARNG, and completed 8 years of good service. g. Although WVARNG officials paid his initial Non-Prior Service Enlistment Bonus (NPSEB) payment, he did not realize the payment was in error. h. He does not have $10,000.00 in his possession to remit on one payment and therefore seeks an installment payment plan. 3. The applicant provides copies of: * “Request for Approval for Grant Relief on a Bonus Payment” (Self-Authored Statement) * National Guard Bureau (NGB) Memorandum, dated 22 February 2011 * Joint Forces Headquarters West Virginia, Memoranda dated, 14 February 2011 and 3 December 2015 CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document), dated 5 December 2007, filed in the applicant’s Official Military Personnel file (OMPF), shows he enlisted in the WVARNG for a period of 8 years in the rank of private, pay grade E-1. An NGB Form 600-7-1-R-E (Annex E to DD Form 4, NPSEB Addendum, Army National Guard of the United States) dated 5 December 2007, shows the applicant acknowledged in: a. Section II (Eligibility) – his eligibility for an enlistment bonus as a non-prior service enlistee in the following: * Unit: 753rd Ordnance Company (Explosive Ordnance Disposal) * Position Number: 0000 * Paragraph Number: 0102 * Line Number: 004 * MOS: 89D b. Section III (Payments) – * he would receive a total of $20,000.00 for his enlistment bonus, less taxes * he would receive his first bonus payment of 50 percent (%) of the total authorized, less taxes, upon completion of initial active duty training (IADT) and award of the MOS for which he enlisted * the second and final payment of 50% would be paid on the 36th-month anniversary of his date of enlistment c. Section VI (Termination with Recoupment) – would occur if * he was to voluntarily transfer into a non-critical skill MOS or transfer from the unit for which bonus was awarded upon enlistment * he did not become qualified in or awarded the primary MOS (PMOS) required for his position within 36 months of transfer due to unit activation, reorganization, or relocation (termination will be effective the date of transfer). 2. Joint Forces Headquarters West Virginia, Adjutant General’s Department, published Orders Number (#) 346-622, dated 12 December 2007. It shows the applicant’s assignment with the 753rd Ordnance Company (EOD), his contractual unit. 3. On 5 December 2007, the Military Entrance Processing Station (MEPS) Harrisburg published Orders Number #7339010, ordering the applicant to IADT It shows he was scheduled to completed 35 weeks advanced individual training in MOS 89D beginning 25 August 2008. 4. On 13 June 2008, the applicant entered IADT. On 18 November 2008, Headquarters, U.S. Maneuver Support Center and Fort Leonard Wood, published Orders Number 323-628, announcing the applicant’s award of PMOS 88M (Motor Transport Operator) effective on 26 November 2008, or upon completion of training. 5. On 26 November 2008, the Army released the applicant from active duty due to completion of required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at that time shows he completed of 5 months and 14 days of creditable active duty service and was transferred to the State of West Virginia. 6. Joint Forces Headquarters West Virginia, Adjutant General’s Department, issued the following orders as indicated: * Orders #063-628, dated 4 March 2009, released the applicant from the 753rd Ordnance Company (EOD) and assigned him to the 1201st Forward Support Company (FSC) on 29 January 2009 * Orders #337-615, dated 3 December 2009, awarded the applicant PMOS 13D, secondary MOS (SMOS) 88M, and withdrew PMOS 88M, effective on 13 November 2009 7. On 14 February 2011, the WVARNG, Deputy Chief of Staff of Personnel (DCSPER), G1, initiated a request to grant the applicant approval to retain the first $10,000.00 payment of his $20,000.00 NPSEB. He indicated the applicant was retrained out of the critical MOS for which enlisted into another critical skill MOS and paid the initial $10,000.00 of his bonus through no fault of his own. 8. On 22 February 2011, the NGB, Chief, Education, Incentive and Employment Division, recommended denial of the applicant’s request for an exception to policy (ETP) to grant relief from recoupment of his initial NPSEB payment. He indicated in accordance with the Army National Guard (ARNG) SRIP Policy Memorandum 07-06, dated 10 August 2007, and paragraph 2 of the applicant’s bonus addendum, Soldiers are not allowed payment of their bonus unless and until they complete IADT and are awarded the MOS for which they enlisted. The applicant did not qualify for award of the MOS for which he contracted and therefore recommended denial of his request. 9. On 3 December 2015, the WVARNG Military Personnel Office (MILPO) Commander notified the applicant of the denial of his ETP resulting in the termination of his NPSEB with recoupment. He also received information on how to apply to the ABCMR for relief. REFERENCES: 1. Army Regulation 135-7 (ARNG and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs. Incentives and entitlements prescribed by this regulation may specify that an applicant be in a non-prior service, prior service, or in service status. They may also mandate the completion of specified initial entry training. Soldiers will have their incentive eligibility and entitlement stopped when any of the termination reasons apply as listed within the applicable chapters of this regulation. This regulation provides that various reenlistment bonuses are offered to Soldiers who meet several requirements, to include agreeing to serve in a critically short MOS. Once being declared ineligible as a result of a voluntary action, termination of bonus will not affect a Soldier's responsibility to serve his or her current statutory or contractual service commitment. 2. The Chief, Personnel Programs, Manpower and Resources, NGB published ARNG-ARM, Policy Memorandum Number 07-06 on 7 August 2007. It established policy to administer ARNG incentives for the period effective 10 August 2007 through 31 March 2008, unless otherwise noted, superseded, or suspended. Commander at all levels were required to ensure the effective management of the policy in order to preclude any occurrence of fraud, abuse or mismanagement. a. The purpose of the ARNG Incentive Program is to assist ARNG leadership and personnel managers in meeting the readiness requirements for the ARNG. It is imperative that each State utilize the resources available within the ARNG Incentive Program in order to target personnel strength and readiness issues. Critical shortages identified through Unit Status Reports must be used in order to focus the incentive program on the State’s prioritized shortages. b. 20,000.00 NPS Critical Enlistment Bonus: The ARNG offers NPS Critical Skill Bonus to applicants who enlist under the 6X2 or 8X0 enlistment option and agree to serve in one of the State “Top Thirty” critical skill MOS (Enclosure 2). Applicants must enlist into a valid, vacant position or against a projected vacancy within 101% to 125% of the units authorized wartime strength. Applicants must agree to serve in a MTOE unit and qualify as Category I-IIIB enlistment (Armed Forces Qualification Test) of 31 or higher) Applicant must not enlist for the purpose of qualifying for employment in the Military Tech or Army Guard Program. The incentive is not available to applicants enlisting under the Officer Candidate School Enlistment Option to applicants in a Table of Distribution AND Allowance (TDA) unit. * Eligible soldiers will be further coded in the Enlistment/Reenlistment Bonus-Reserve Entitlement (ENLSTMT-REENL-BONUS-ENTL) (1A) field as “A” (enlisted cash bonus) * The NPS Critical Skill Bonus will paid in two installments of 50%. The first 50% instalment will be processed for payment upon successful completion of IADT and verification of MOS QUALIFICATION. The second and final 50% installment will be processed on the third-year anniversary of the Soldier’s date of enlistment. 3. Army Regulation 601-210 (Active and Reserve Components Enlistment Program) governs eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the Army Reserve, and Army National Guard for enlistment on or after the effective date of this regulation. It also prescribes the appointment, reassignment, management, and mobilization of Reserve Officers’ Training Corps cadets under the Simultaneous Membership Program. a. Paragraph 10-5a(3) states a Soldier may be eligible for continue receipt of incentives when transfer is at the convenience of the Government and authorized by the Chief, NGB or Chief, Army Reserve. The Soldier must become MOS qualified in the new skill within 24 months or incentives will be terminated. b. Paragraph 10-8(5) states incentive eligibility will be stopped and the Soldier shall not be eligible to receive any further incentive payments, except for service performed before the termination date, when they voluntarily move to a non-bonus unit or MOS. c. Paragraph 10–9 provides for the recoupment of incentives and states when relief is not granted through the waiver process from incentives received, the member must refund a pro-rata amount to the Government when termination is due to reasons outlined in paragraph 10–8, this regulation except where prorated recoupment is not authorized in paragraph 10–9c. DISCUSSION: 1. The applicant requests to retain entitlement to the first $10,000 payment of the $20,000.00 NPSEB he contracted for under the provisions of the ARNG SRIP for FY07. 2. The evidence of record shows the applicant signed a written agreement for a $20,000 NPSEB under SRIP at the time of his enlistment in the WVARNG for a period of 8 years on 7 December 2007. The terms of his written agreement stipulated that in order to remain eligible for the incentive, he was obligated, at a minimum, to hold and serve in the same skill (MOS 89D) for which the bonus was approved unless excused for the convenience of the Government. This agreement further stipulated termination from incentive eligibility with recoupment would occur if he voluntarily transferred out of the MOS for which the incentive was approved. 3. The evidence of record confirms the Army awarded the applicant MOS 88M upon his release from IADT on 26 November 2008. This confirms his claim and the NGB Chief’s statement the applicant was recycled out of his contractual MOS of 89D into MOS 88M during IADT. Therefore, the applicant never qualified for award of the MOS for which he was authorized the NPSEB. 4. The evidence of record also shows the applicant was again reclassified into MOS 13D on 13 November 2009. Accordingly, because he no longer served in the MOS for which he contracted, NGB officials recommended denial of his ETP and the WVARNG MILPO Commander directed termination of the applicant’s NPSEB with recoupment. 5. Official orders on file in the applicant’s military record further announced his reassignment from his contractual unit to the 1201st FSC on 29 January 2009. The terms of his written agreement required the applicant to remain in his contractual unit to avoid termination of his NPSEB with recoupment. In view of all of the facts in this case, regularity is presumed. There is insufficient documentary evidence to show any error or injustice. 6. Finally, while it is not within the purview of this Board to determine reimbursement payment methods for any Army debts, it appears recoupment payments maybe furnished to the Government in prorated amounts. Therefore, the applicant is encouraged to contact the Government agency that is collecting his debt to discuss a method of recoupment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) @#!CASENUMBER 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003145 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2