` IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160008692 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 IN THE CASE OF: BOARD DATE: 12 December 2017 DOCKET NUMBER: AR20160008692 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 an exception to policy was approved authorizing the applicant to retain the reenlistment/ extension bonus (REB) monies she received in accordance with the REB Addendum she signed on 11 April 2013; and b. if necessary, returning to her any previously recouped monies related to her this bonus. _____________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: 12 December 2017 DOCKET NUMBER: AR20160008692 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 her records to show she was granted an exception to policy (ETP) to retain her reenlistment/extension bonus (REB). 2. The applicant states, in effect: a. At the time she contracted in the Washington Army National Guard (WAARNG), she held duty military occupational specialty (DMOS) 00D40 (Special Duty Assignment) on the unit modified table of organization and equipment (MTOE), which is clearly stated on her National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – REB Addendum – ARNG of the United States (ARNGUS)). She currently still holds this DMOS. b. Her contract was initiated through the Guard Incentive Management System (GIMS) on 11 April 2013 by her readiness non-commissioned officer (NCO). It included the following statement: "SM requesting $10,000 extension bonus for 6 year agreement. SM is 37F4 qualified in a 00D4 position. Filler MOS's for 00D are CMF 11, 18, 35, 37 and 38." c. On 5 May 2013, the State Incentive Manager validated her contract. On 20 November 2013, 30 days from her expiration of term of service (ETS), the NGB established her contract. On 22 November 2013, the State Incentive Manager validated the contract in a second review with the following comment: "documents were verified. SM is eligible." It was then revalidated by a second person in the State Incentive Office with the following comments: "I certify that I have reviewed this record and the Soldier is eligible for payment of this incentive." d. On 27 December 2013, the NGB forwarded it for payment review, pending batch, pending certification and final certification. In accordance with the Department of Defense (DoD) Financial Management Regulation, certifying officers are liable for illegal, improper, or incorrect payments resulting from negligent provision of information, data, or services to certifying officials. e. On 29 February 2016, she received notification that her ETP was denied by the NGB because she was serving in a 00D position. It has now been 36 months since her contract was entered. She received her bonus in accordance with her contract two years ago, in the form of a lump sum payment which was processed by multiple individuals. f. A recoupment in the amount of $10,000 creates a financial hardship for her family. She has upheld her end of the contract as she still holds her position on the MTOE. It is due to no fault of her own that her position is an unauthorized DMOS for a bonus, or that those responsible were not educated on the policy. 3. The applicant provides: * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 11 April 2013 * NGB Form 600-7-3-R-E, dated 11 April 2013 * a memorandum from the WAARNG, dated 28 January 2016, subject: Notification of Incentive Discrepancy and ETP Process * a memorandum from Headquarters and Headquarters Company (HHC), 56th Theater Information Operations Group, addressed to the Chief, Guard Education Center, WAARNG, dated 5 February 2016, subject: Request for ETP for REB [Applicant] * a memorandum from the NGB, addressed to the State Incentive Manager, WAARNG, dated 29 February 2016, subject: Request for ETP for REB [Applicant] * an extract from a unit manning roster, undated * a self-authored document titled "Contract Process" CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the WAARNG on 20 December 2001. 2. The applicant executed a DA Form 4836 on 11 April 2013, thereby extending her ETS date of 19 December 2013 for a period of 6 years to a new ETS date of 19 December 2019. In conjunction with this extension, she signed an REB Addendum, wherein she affirmed her understanding of the eligibility requirements for this bonus by initialing the following statements: a. Section II (Eligibility), item 4: I must reenlist/extend Duty MOS Qualified (DMOSQ) in an MOS within an MTOE or Medical Table of Distribution and Allowances (TDA) unit only regardless of State or National assigned strength levels unless I am Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation or relocation) only. b. Section II, item 16: I agree to reenlist/extend for the obligation periods below: I am reenlisting/extending DMOSQ in MOS 00D only for 6-years as the primary position holder in a rank and grade commensurate with this position and I am not coded 9993 or 999M in SIDPERS. c. Section III (Bonus Amount and Payments), item 1b: Non-Deployment Extension Stabilization Pay Six-Year REB: I am reenlisting/extending for 6 years and will receive a total bonus in the amount of $10,000. I certify that I am reenlisting/extending DMOSQ or Non-DMOSQ (Due to mobilization/deployment, unit transition (reorganization, inactivation, transformation or relocation) only) as the primary position holder and I am not coded 9993 or 999M. My bonus will be processed effective the day after my current ETS as a lump-sum payment. d. Section V (Continued Receipt), item 1a: I understand that I will be eligible for continued receipt of my REB if my MOS is changed due to unit transition, inactivation, relocation, reorganization, or conversion. I may continue to retain my REB provided I meet all other eligibility criteria, become DMOSQ within 24 months, and I am not separated from the Selected Reserve. e. Section VI (Termination), item 1b and m(2): I may be terminated from REB eligibility with recoupment if I voluntarily change my REB MOS during the contractual obligation unless assigned as an 09S Officer Candidate School Candidate or 09R Simultaneous Membership Program Cadet. The termination date will be the date of transfer reflected on my order. I transfer out of my current REB MOS into a Non-DMOSQ MOS. The termination date will be my transfer order effective date. 3. The applicant verified each section by placing her initials on every applicable line on the NGB Form 600-7-3-R-E, attesting to her understanding of the specific provision of each section, including eligibility, bonus amount and payments, suspension, continued receipt, termination, and statement of understanding, along with the service representative. A Bonus Control Number (BCN) is listed on this contract. 4. A DA Form 2166-8 (NCO Evaluation Report (NCOER)), dated 1 August 2013, shows the applicant was serving in MOS 00D at the time of her reenlistment. This NCOER further shows she held MOS 37F (Psychological Operations Specialist) as her primary MOS. 5. A memorandum from the State Incentives Manager, WAARNG, dated 28 January 2016, notified the applicant of a discrepancy noted during an audit of her incentive payment. The type of incentive was identified as an REB with a recoupment of $10,000. On 5 February 2016, she submitted an ETP through the Chief, Guard Education Center, WAARNG. 6. A memorandum from the NGB to the WAARNG, dated 29 February 2016, denied the applicant's request for an ETP. It states: a. An ETP to retain the $10,000 REB is disapproved because she did not meet eligibility requirements to contract for the incentive which violated ARNG Selected Reserve Incentive Program (SRIP) Policy Number 13-01. b. Contract/agreement details: * State enlisted/accessed: WA, UIC: Y1UAA * Date of agreement/enlistment: 11 April 2013 * Contracted bonus addendum/agreement amount: $10,000 * Contracted AOC/MOS: 00D, Current AOC/MOS: 00D c. The applicant did not meet the eligibility requirements for an incentive at the time of enlistment. She was serving in a 00D position, which is not authorized for an incentive. 7. The applicant provides an extract from a unit manning roster that shows she was assigned to a 00D position. Additionally, she provides a document titled "Contract Process" which shows the steps required to certify and process her incentive. REFERENCES: 1. Department of Defense Instruction (DoDI) Number 1205.21 implements the policies, assigns responsibilities, and prescribes procedures for management of the Reserve Components incentive programs. a. Paragraph 6.6.2 (Written Agreements) states each recipient shall be required to sign a written agreement stating that 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. b. Paragraph 6.6.6 (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. c. Paragraph 6.6.8 (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, the member must refund a prorated amount to the Government, if such termination is for certain reasons. A Soldier moving to a non-bonus skill or unit is required to repay the bonus, unless the move is required by the Reserve component. d. Paragraph 6.6.9 (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. 2. ARNG SRIP Policy Number 13-01, effective 1 January 2013 through 30 September 2013, provided guidance to assist leadership and personnel managers in meeting and sustaining ARNG readiness requirements. The policy stated incentive eligibility had to be verified. DISCUSSION: 1. The evidence of record shows the applicant completed a DA Form 4836 on 11 April 2013 executing a 6-year extension of her enlistment in the WAARNG. She completed and signed an REB Addendum which shows she was promised a $10,000 bonus. A BCN was listed on this contract. 2. The NGB denied her request for an ETP because she was serving in MOS 00D, which was not an authorized MOS; however, the contract she signed specifically list 00D as the MOS for which she was extending. A NCO Evaluation Report shows she was serving in DMOS 00D at the time of contract. 3. ARNG SRIP Policy Memorandum Number 13-01 instructs that the State/NGB reviewer is responsible for ensuring the Soldier is eligible for the REB. 4. The evidence shows the applicant signed her enlistment contract in good faith and she was not made aware of the error at the time. As such, it appears she has been penalized for the administrative errors committed by ARNG State officials. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160008692 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160008692 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2