BOARD DATE: 13 February 2018 DOCKET NUMBER: AR20160004718 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 showing an exception to policy was approved authorizing him to retain any Non-Prior Service Enlistment Bonus monies he was paid and returning to him any monies that have been recouped. 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: 13 February 2018 DOCKET NUMBER: AR20160004718 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 ::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: 13 February 2018 DOCKET NUMBER: AR20160004718 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 correction of his military records as follows: * waive all debt pertaining to his Non-Prior Service Enlistment Bonus (NPSEB) recoupment * repay all monies previously recouped by the Tennessee Army National Guard (TNARNG) 2. The applicant states, in effect, he was erroneously discharged from the TNARNG and requests his bonus incentive debt be waived. Additionally, he would like to be reimbursed all monies previously recouped by the Army. 3. The applicant provides: * Letter response to inquiry, dated 10 February 2016 * Memorandum, subject: Findings from Commander’s Inquiry on [Applicant’s] Congressional * DA Form 1574 (Report of Proceedings by Investigating Officer/Board of Officers), dated 16 October 2015 * ABCMR response to the applicant in reference to Docket Number AR20150004289 CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the TNARNG on 5 April 2007. His DD Form 1966 shows in Section 32(a) (Specific Options/Programs Enlisted For) he enlisted for 6 years for the following incentives: * Enlistment Bonus, Quick Ship Bonus, 6 years, military occupational specialty (MOS) 92W (Water Treatment Specialist) * ARNG Standard Training Program * Section 6 (Remarks), paragraph/line 107/02; enlistment bonus $15,000 3. In conjunction with his enlistment he also signed an NPSEB Addendum. This Addendum shows he enlisted for training in MOS 92W and assignment to Unit Identification Code (UIC) WX6JA1 (Detachment 1, 181st Forward Support, Dayton, TN). It further shows: a. In section 2 (Eligibility), he acknowledged he was enlisting into paragraph/line number 107/02 in MOS 92W. He would receive a $5,000 quick ship bonus. b. In section 3 (Payments), he acknowledged he would receive a total bonus of $20,000. He would receive the first 50 percent when he completed initial active duty training (IADT) and awarded the MOS for which he enlisted. The second and final payment of 50 percent would be paid on the 36-month anniversary of his date of enlistment. 4. He entered IADT on 24 April 2007 and he completed training requirements for award of MOS 92W. He was honorably released from IADT on 18 December 2007 to the control of his TNARNG unit. 5. TNARNG Orders Number 144-853, dated 24 May 2007, transferred the applicant from Water Treatment Support Detachment 1, 181st Forward Support Company (HIMARS), to Water Treatment Support, 181st Combat Support Company, Forward Support Company, Detachment 1 Rear, Dayton, TN. 6. TNARNG Orders Number 198-866, dated 16 July 2008, released the applicant from Water Treatment Support, 181st Combat Support Company, Forward Support Company, Detachment 1 Rear, and transferred him to Water Treatment Support Detachment 1, 181st Forward Support Company (HIMARS), Dayton, TN, by reason of individual request. 7. TNARNG Orders Number 163-804, dated 12 June 2010, ordered his honorable discharge from the ARNG and assignment to the U.S. Army Reserve (USAR) Control Group (Reinforcement). The Additional Instructions show “failure to comply with official military correspondence.” 8. He was honorably released from the ARNG on 26 May 2010 and transferred to the USAR Control Group (Reinforcement). His NGB Form 22 (Report of Separation and Record of Service) shows he completed 3 years, 1 month, and 22 days of net service. 9. On 25 March 2014, he was voluntarily reassigned from the USAR Control Group (Reinforcement) to a troop program unit of the USAR, Company A, 489th Civil Affairs Battalion, Knoxville, TN. 10. On 4 February 2015, he executed a 1 year extension of his enlistment. His new expiration of term of service (ETS) date became 4 April 2016. 11. He was honorably discharged from the USAR on 4 April 2014 by reason of completion of his service (ETS). 12. The applicant provides: a. Letter response to his inquiry that states, in effect, Major (MAJ) PH of the TNARNG was appointed as an investigating officer (IO) to conduct an informal Army Regulation (AR) 15-6 (Procedure for Investigating officers and Boards of Officers). The IO determined that the applicant was erroneously discharged and his bonus recoupment and debt were a direct result of the error. b. Memorandum, subject: Findings from Commander’s Inquiry on [Applicant’s] Congressional, that states: (1) The IO found an initial "Fit for Duty" evaluation packet was completed on the applicant on 8 October 2009. The packet was never processed to the Medical Command and it was found in a file cabinet at the Forward Support Company, Dayton, TN. The applicant completed another "Fit for Duty" evaluation packet but was never counseled. The commander did not sign the counseling. There was a stamp of his signature that was used by one of the personnel at the unit to endorse the packet. Around 12 June 2010, the applicant was transferred to the Individual Ready Reserve (IRR) and discharged from the TNARNG. (2) The IO opined that the applicant was never given the second counseling for the fit for duty evaluation and did not know he had 45 days to respond to the counseling. The 45 days expired; and he was discharged from the TNARNG and placed in the IRR. c. DA Form 1574, dated 16 October 2015, showing in section 4 (Findings) the same information summarized in the IO’s memorandum. d. Letter, dated 22 April 2015, in reference to Docket Number AR20150004289 showing the applicant applied to the ABCMR appealing his medical discharge, but the application was not processed because he did not exhaust his administrative remedies. REFERENCE: Department of Defense 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. DISCUSSION: 1. The evidence of record shows the applicant enlisted in the ARNG for 6 years on 5 April 2007. He executed an NPSEB Addendum in the TNARNG for paragraph/line number 107/02 in MOS 92W. He was awarded this MOS on or about 18 December 2007. 2. The applicant acknowledged that he would receive a total bonus of $20,000, the first 50 percent of which would be paid when he completed IADT and awarded the MOS and the second 50 percent of which would be paid on the 36-month anniversary of his date of enlistment. 3. He contends he was erroneously discharged from the TNARNG. It appears the unit requested a "Fit for Duty" evaluation that was not completed and processed appropriately. The unit requested another "Fit for Duty" evaluation but the applicant was not counseled by the commander and a stamp of the commander’s signature was used by one of the personnel at the unit to endorse the packet. 4. It appears the applicant was not given the second counseling for the fit for duty evaluation and did not know he had 45 days to respond to the counseling. The 45 days expired and he was discharged from the TNARNG by reason of failing to comply with official military correspondence and placed in the IRR. 5. It is clear that several errors were committed by the unit and/or State. It is equally clear that none of these errors were caused by him. He enlisted in good faith, followed the instructions of the subject matter experts that enlisted him and signed the addendum that he was told to sign, and he completed training in the MOS he contracted for. The evidence would support a recommendation to correct his record to show an exception to policy was approved authorizing him to retain any NPSEB monies he was paid and to return to him any monies that have been recouped. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160004718 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004718 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2