BOARD DATE: 11 July 2017 DOCKET NUMBER: AR20160003534 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: 11 July 2017 DOCKET NUMBER: AR20160003534 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 Army National Guard records of the individual concerned be corrected by: a. showing the DA Form 4836 he executed on 28 August 2014 within 30 days of his return from the Inactive National Guard and certified by his commander on the same date is accepted as valid; b. returning to him any bonus amount that has been recouped; and c. paying him the remainder of his bonus in accordance with his Non-Prior Service Enlistment Bonus Addendum. __________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: 11 July 2017 DOCKET NUMBER: AR20160003534 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 pertaining to his enlistment bonus. 2.  The applicant states he recently returned from the Inactive National Guard (ING) and his unit did not notify him that he was required to extend the period of his enlistment within 30 days of returning from the ING. He contends that had he known he needed to extend, he would have done it as soon as he returned from the ING. 3.  The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 22 December 2011 * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), dated 22 December 2011 * Annex E to DD Form 4 (Non-Prior Service (NPS) Bonus Addendum) signed by the applicant on 22 December 2011 * Orders 14-03 issued by the Idaho Army National Guard (IDARNG) on 15 April 2014 * Orders 23-03 issued by the IDARNG on 8 July 2014 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) signed by the applicant on 28 August 2014 * exception to policy (ETP) request memoranda from his chain of command CONSIDERATION OF EVIDENCE: 1.  The applicant enlisted in the IDARNG on 22 November 2011. In connection with his enlistment, he completed an NPS Bonus Addendum wherein he requested and was authorized a bonus in the amount of $2,500. In the agreement he acknowledged he understood: * he would be suspended from bonus eligibility if he entered a period of non-availability (placement in the ING) for a maximum period of 1 year for personal reasons or 3 years missionary obligations * he would be terminated from bonus eligibility with recoupment if he failed to extend the contracted period of service for a period of authorized non-availability within 30 days of return to active status * termination would be effective on the date reflected on the Soldier's order to the ING 2.  Orders 14-03 issued by the IDARNG on 15 April 2014 transferred the applicant to the ING effective 30 April 2014. These orders show the transfer was for a religious missionary program. 3.  Orders 23-03 issued by the IDARNG on 8 July 2014 released the applicant from the ING and transferred him to Company G, 145th Brigade Support Battalion, effective 31 July 2014. 4.  The applicant executed an extension agreement on 28 August 2014 wherein he extended his 22 December 2011 enlistment agreement for a period of 3 months. 5.  The IDARNG G-1 submitted an ETP request to the National Guard Bureau (NGB) on or around 4 December 2014 to allow the applicant to retain his enlistment bonus. As justification for their request, the IDARNG noted the applicant was unaware he needed to extend his enlistment within a prescribed time period after his return from the ING; he was not informed by his unit of that requirement. 6.  NGB denied the ETP request on 4 December 2015, citing Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.7.2, as the authority for denial. REFERENCES: 1.  DODI 1205.21, paragraph 6.7.2, provides that members of the Selected Reserve may incur a period of authorized non-availability for up to 1 year for valid personal reasons as determined by the Secretary concerned. These persons shall be assigned to the Individual Ready Reserve or the ING, as appropriate, during the period of non-availability, and shall be suspended from their incentive. During the period of non-availability, the member shall not be entitled to subsequent payments or any other incentive available to members of the Ready Reserve not in the Selected Reserve. If, within 1 year, members are subsequently reassigned to a Selected Reserve skill or unit type that they had previously contracted for, members may be reinstated in the incentives program if they extend their term of service, or contract for service, so as to be able to serve the full original incentive contract period. Entitlement to subsequent payments shall resume on the adjusted anniversary date of satisfactory creditable Selected Reserve service. The date shall be adjusted for that period of non-availability. Failure to meet reinstatement criteria in a capacity for which previously contracted shall result in termination of the incentive and recoupment, as appropriate. 2.  Army Regulation 135-7 (ARNG and Army Reserve – Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the Army Reserve incentive programs. Paragraph 1-15 contains guidance on suspension of Selected Reserve Incentive Program (SRIP) incentives and states the member will be suspended from the incentive program during authorized periods of non-availability, which includes transfer to the ING. 3.  Army Regulation 135-7, paragraph 1-16, provides guidance for reinstatement of SRIP incentives. It states reinstatement in the SRIP and resumption of subsequent incentive payments following a period of authorized non-availability is not guaranteed. Soldiers who complete a period of non-availability and request reinstatement of eligibility for the SRIP and resumption of subsequent payments must extend their enlistment or reenlistment agreement within 30 days in order to serve out the full incentive contract period. A Soldier who does not comply with all of the requirements will be subject to termination of SRIP with recoupment action required. A Soldier who complies with all of the requirements will have entitlement to payments resume on the adjusted anniversary date of satisfactory creditable Selected Reserve service. DISCUSSION: 1.  The applicant enlisted in the IDARNG and was authorized a $2,500 enlistment bonus. In the enlistment agreement, he acknowledged he understood the circumstances that could result in the loss of bonus eligibility with recoupment. 2.  The evidence shows he was transferred to the ING on 30 April 2014 for a religious missionary program and he remained in the ING until 30 July 2014, a period of 3 months. 3.  The applicant extended his enlistment for a period of 3 months on 28 August 2014, which was within 30 days of his return from the ING on 31 July 2014. Therefore, based on the available evidence, it is evident the applicant complied with the stipulations of his enlistment contract regarding periods of non-availability. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003534 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003534 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2