BOARD DATE: 31 October 2017 DOCKET NUMBER: AR20160003756 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: 31 October 2017 DOCKET NUMBER: AR20160003756 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 applicant's request to retain the $10,000 reenlistment bonus was approved; and b. cancelling recoupment, if any, as a result of the above correction and returning all monies that have 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: 31 October 2017 DOCKET NUMBER: AR20160003756 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, in effect, an exception to policy (ETP) to retain the Reenlistment/Extension Bonus (REB) incentive. 2. The applicant states: * he is a member of the Washington Army National Guard (WAARNG) * he served 5 years of active service from 2007 to 2012 and completed two combat tours in Iraq * he is an 11B (Infantryman) * about 3 years ago he extended for 6 years and received a $10,000 bonus * one of the stipulations for this bonus was that he remain an infantryman * he received this bonus in full about 2 years ago * he received promotion orders to staff sergeant (SSG)/E-6 and with this promotion he received orders for a new unit * his new unit had several slots that were classed as 00D and these slots could be filled by an infantryman (military occupational specialty (MOS) 11B) * he did not reclassify; had he declined those orders he would have lost any chance of promotion for the entire year * leadership made him aware the Army National Guard (ARNG) was trying to take back his bonus because he was filling an 00D slot * he requested that he be allowed to retain the bonus as an exception to policy (ETP), but his request was denied * he was given zero indication he would be in violation until after the fact 3. The applicant provides: * DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 30 April 2012 * Orders 306-512, dated 2 November 2014 * Orders 307-531, dated 3 November 2014 * Orders 293-529, dated 20 October 2015 * National Guard Bureau ETP memorandum, dated 1 December 2015 CONSIDERATION OF EVIDENCE: 1. The applicant served in the Regular Army from 10 January 2007 to 30 April 2012 until he was honorably released and transferred to the WAARNG, Company A, 1st Battalion, 161st Infantry Regiment, Kent, Washington. His DD Form 214 shows he completed 5 years, 3 months, and 21 days of net active service and he held MOS 11B. 2. On 1 March 2013 while assigned to the161st Infantry Regiment in MOS 11B, he executed a 6-year extension of his WAARNG contract. He also signed an Annex R (REB Addendum, ARNG). 3. The Addendum contains a bonus control number and it was signed by the applicant and a witnessing official. This Addendum shows the applicant acknowledged he understood: * if he was Non-Duty MOS Qualified (DMOSQ) at the time of the extension, he must be DMOSQ within 24 months from the contract start date; his initial payment would not start until he became DMOSQ * he was reenlisting/extending in DMOSQ in MOS 11B for 6 years as the primary position holder in the rank/grade commensurate with this position; he was reenlisting/extending for 6 years and would receive a $10,000 bonus * the bonus would be terminated with recoupment if he voluntarily changed his REB MOS during the contractual obligation * the bonus would be terminated with recoupment if he transferred out of his current REB MOS into a Non-DMOSQ MOS * he acknowledged his understanding of the termination with or without recoupment of the bonus 4. On 2 November 2014, the WAARNG published Orders 306-512, transferring him from Company A, 1st Battalion, 161st Infantry Regiment, Redmond, WA to Headquarters, 56th Information Operations Group, Camp Darby, WA, effective 23 October 2014, in MOS/area of concentration (AOC) 00D3O (Special Duty Assignment). It also shows in the additional instructions the applicant was a Selected Reserve Incentive Program (SRIP) recipient and the bonus would not be terminated. 5. On 3 November 2014, the WAARNG published Orders 307-531 promoting him to staff sergeant (SSG)/E-6 in primary MOS 11B3O, effective 23 October 2014, in duty MOS: 00D3O. 6. He submitted an ETP request through his chain of command to the NGB to retain the $10,000 bonus. 7. On 1 December 2015, the NGB disapproved the applicant’s request to retain the $10,000.00 reenlistment bonus because the applicant was not serving in the MOS for which he contracted due to a voluntary transfer, which violates DODI 1205.21 (Reserve Component Incentive Programs), paragraph 6.6.2. The State Incentive Manager was instructed to terminate the incentive with recoupment effective the date of the transfer. REFERENCES: 1. Department of Defense DODI 1205.21 governs the Reserve Component Incentive Programs Procedures. It states in: a. Paragraph 6.6.1., that 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, as appropriate. Each Military Department shall endeavor to transfer an incentive recipient who moves to a new location into a similar Selected Reserve unit or one that can make use of the skill. For health specialists in the Selected Reserve, incentive recipients shall fill an existing vacancy. Failure to join another unit or find a position in the Selected Reserve in 6 months shall terminate the member from program eligibility. In the case of a member who is assigned to an incentive-qualifying position within 6 months or less, that period must be added to the member's original incentive obligation. b. Paragraph 6.6.2. states that persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. 2. ARNG SRIP Number 13-01 states the Officer/Soldier must serve satisfactorily in the contracted Area of Concentration (AOC) or MOS for the full term of the service agreement. An exception is authorized if a Soldier whose AOC/MOS is changed due to a unit transition, or who is inactivated, relocated, reorganized, or converted, may continue to receive incentives provided the Soldier meets all other eligibility criteria, becomes DMOSQ within 24 months, and is not separated from the Select Reserves. The Soldier must be coded “9994,” excess due to reorganization, in “SIDPERS/TAPD-G code.” Assignment order must be uploaded into the “IMARC/GIMS.” 3. DOD Financial Management Regulation, volume 7A, chapter 2, section 0202 (Repayment and Non-repayment Conditions), provides that, as a general rule, repayment action will not be pursued in situations in which the member's inability to fulfill specified service conditions related to a pay or benefit is due to circumstances determined reasonably beyond the member's control. In addition, the Secretary of the Military Department concerned has the discretion to, at some point in the process, render a case-by-case determination that the member's repayment of, or the Military Department's full payment of an unpaid portion of, a pay or benefit is appropriate based on one or more of the following: * contrary to a personnel policy or management objective * against equity and good conscience * contrary to the best interest of the United States DISCUSSION: 1. During his assignment to the 161st Infantry Regiment, the applicant executed a 6-year extension in the WAARNG on 1 March 2013. He agreed to serve an additional 6 years in MOS 11B in exchange for a $10,000 bonus. 2. The NGB found the applicant violated his contract when he voluntarily transferred out of the contracted MOS and accepted a promotion in a different DMOS. 3. Even though it appears the applicant voluntarily transferred out of the contracted DMOS, the record indicates he was given no warning that it would violate the REB contract. In fact, the WAARNG issued him transfer orders that shows he was a SRIP (REB) recipient and the bonus would not be terminated. Furthermore, the applicant maintained primary MOS 11B while serving in a special duty MOS. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160003756 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003756 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2