ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  17 September 2019

	DOCKET NUMBER:  AR20160014370


APPLICANT REQUESTS: reversal of the National Guard Bureau (NGB) decision to deny him an exception to policy (ETP) to retain a $10,000 Reenlistment/ Extension Bonus (REB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* NGB Form 600-7-3-R-E (REB Addendum) 
* ETP request denial letter
* Congressional correspondence

FACTS:

1.  The applicant states a bonus control number (BCN) was initiated and received in the contract.  He was a staff sergeant (SSG) in the grade of E-6 with 12 years in the Illinois Army National Guard (ILARNG) when he reenlisted.  At the time of his reenlistment he was in the correct pay grade and rank.  The modification table of organization and equipment (MTOE) changed and his position disappeared.  He had a choice to reclassify or apply for a State vacancy in his career field.  He decided to stay for career progression.  

2.  Review of the applicant's service records shows: 

	a.  He enlisted in the ILARNG on 2 May 2002.  He entered active duty for training on 15 June 2003 and completed required training award of military occupational specialty (MOS) 35J (Computer Automation Systems Repairer).  He is currently serving as a sergeant first class (SFC) in the ILARNG.   

	b.  On 7 March 2012, the ILARNG published Orders 067-069 awarding him primary MOS 94F3O effective 2 March 2012.  He was assigned to Company (CO) B, 405th Brigade (BDE) Support Battalion (BN) (Unit Identification Code (UIC) - WY6YB0).      

	c.  On 7 May 2013, while assigned to CO B, 405th BDE Support BN in MOS 94F3O, he executed a 6-year extension in the ILARNG.  With his extension, he also signed Annex R (REB Addendum, ARNG).  

	d.  In the Addendum, dated 7 May 2013, which was assigned a bonus control number and was signed by him and a witnessing official, the applicant acknowledged that:

* if he was non-duty MOS qualified (DMOSQ) at the time of extension, he must become DMOSQ within 24 months from the contract start date
* he must be in pay grade E-7 or below on both the contract signature and start date; his current grade was E-6
* he was reenlisting/extending DMOSQ in MOS 94W (Electronic Maintenance Supervisor) 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 total bonus in the amount of $10,000.00
* he understood he would not receive payment if he did not meet all eligibility requirements on his contract start date (the day after current expiration of term of service (ETS))
* he understood he would be eligible for continued receipt of his REB if his MOS was changed due to unit transition, inactivation, relocation, reorganization, or conversion 
* the reenlistment/extension would be verified by the State Incentive Manager (IM) prior to any payment being processed
* the bonus would be terminated with recoupment if he voluntary changed his reenlistment bonus MOS during the contractual obligation
* he acknowledged his understanding of the termination with or without recoupment of the bonus

	e.  On 23 October 2015, the ILARNG published Orders 296-1021 promoting him to SFC and awarding him primary MOS 94W4O effective  20 October 2015.  He was assigned to CO B, 405th BDE Support BN, in MOS 94F3O.

	f.  On an unknown date, the applicant submitted an ETP request (not available) through his chain of command to the NGB to retain the $10,000 REB.

	g.  On 28 October 2015, the NGB disapproved his ETP to retain the $10,000.00 REB for not serving in the authorized military grade and skill qualification commensurate with the vacancy, which violated Department of Defense Instruction (DODI) 1205.21, paragraph E5.1.1.7.  The discrepancies violated a DODI and the NGB did not have the authority to approve this request.  The State Incentive Manager was to terminate the incentive with recoupment effective the date of transfer.  

	h.  In support of his case, he provided a document that shows paragraph/line numbers, duty titles, authorizations, grade, branch, and DMOS.  The document does not show UIC, dates, or an organization.

3.  ARNG Selected Reserve Incentive Programs (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.  If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the service member’s written agreement/addendum, the service member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date.  Termination with recoupment is authorized for the following reasons:

* Officer/Soldier failing to serve in the contracted CS AOC/MOS for the entire length of the incentive agreement (exception authorized for normal career progression); termination date will be the date of transfer reflected on the Soldier's order
* Soldier voluntarily changing his or her CS MOS during the contractual obligation, unless assigned as 09S (OCS Candidate) or 09R (SMP Cadet). The termination date will be the date of transfer reflected on the Soldier's order    

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found the applicant met the requirements to retain his Retention/Enlistment Bonus.  The Board concluded that the applicant’s MOS was changed for reasons beyond his control.  He was promoted to E-7 in MOS 94W.  He was assigned in MOS 94F.  The Board concluded that the applicant should not be penalized for administrative errors committed by someone else. 

 
BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

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 the National Guard Bureau (NGB) approved his exception to policy (ETP) to retain a $10,000 Reenlistment/ Extension Bonus (REB).
	 
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.

REFERENCES:

1.  DODI 1205.21 governs Reserve Component Incentive Programs Procedures. It states in:

	a.  Paragraph E5.1.1.7 (Acknowledgement) – the service member will acknowledge he or she holds the military grade and skill qualification commensurate with the vacancy (in authorized substitution limits, as prescribed by the Reserve Component).

	b.  Paragraph 6.6 (Relief from Termination) – 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.  Persons who accept military technician positions on a temporary assignment of less than 6 months. 

	c.  Paragraph 6.7 (Nonavailability) – members of the Ready Reserve who incur a period of authorized nonavailability (i.e,. temporary overseas residence, missionary obligation, or overseas employment obligation, etc.) shall have their incentive suspended.  

	d.  Paragraph 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 and 6.7, above, the member must refund a prorated amount to the Government, if such termination is for certain reasons.  Sub-paragraph 6.8.3 addresses moves to a non-bonus skill or unit, unless the move is required by the Reserve Component.  

	e.  Paragraph 6.9 (Exception to Recoupment) – recoupment is not required in 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.  Paragraph 6.9.3 states, if accepting an Active Guard and Reserve position or a military technician position where membership in a Reserve component is a condition of employment and the member has served at least 6 months of the incentive contract following receipt of the initial incentive payment, the initial payment may be retained.

2.  Army National Guard (ARNG) Selected Reserve Incentive Programs (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.  If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the service member’s written agreement/addendum, the service member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date.  Termination with recoupment is authorized for the following reasons:

	a.  An Officer/Soldier failing to serve in the contracted CS AOC/MOS for the entire length of the incentive agreement (exception authorized for normal career progression).  The termination date will be the date of transfer reflected on the Soldier's order.

	b.  A Soldier voluntarily changing his or her CS MOS during the contractual
obligation, unless assigned as an 09S (OCS Candidate) or 09R (SMP Cadet). The termination date will be the date of transfer reflected on the Soldier's order.    

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160014370


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