ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 June 2019 DOCKET NUMBER: AR20160015359 APPLICANT REQUESTS: reversal of the recoupment of her non-prior service enlistment bonus (NPSEB) in the New York Army National Guard (NYARNG). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Request from company commander of No Recoupment * Approved Interstate Transfer * NYARNG discharge orders * Congressional correspondence * NGB Form 22 (Report of Separation and Record of Service) * Letter from the Defense Finance and Accounting Service (DFAS) * Military occupational specialty (MOS) Orders * MOS certificate * DA Form 1059 (Service School Academic Evaluation Report) FACTS: 1. The applicant states the correction needs to be to void the recoupment bonus amount of $15,000. The reason she owes this money was that she did not serve in MOS 42A (Human resources Specialist) for the duration of the six years of service in the NYARNG. However, she was misled by military personnel during the interstate transfer. She has supporting documents stating that as long as she reclassified into MOS 31E in the state of Florida, she would be entitled to the remainder of her bonus. She received the remainder of bonus 3 years into service after she reclassified into MOS 31E. It was a shock to her when she received a notice from DFAS stating that she owed the bonus money back because she did everything that was from the mouths of government officials in the military. a. Technically speaking, from the standpoint that on a military contract it is written in black and white when that a person initially enlists, they do not understand it. That is why when she inquired about doing an interstate transfer, she wanted to know if she was going to be entitled to her bonus. Sergeant First Class (SFC) X__ sent an email to the unit she was transferring to stating that as long as she switched over to a 31E in the 12 months being in Florida, she would be entitled to the bonus. If the military explained to her at the time that she would have to pay back her bonus she received which was about $8,000 when completing basic training if she wanted to move to Florida that would have been an informed decision she could have made and there would be no way that she would even accept the remainder of the money knowing that she would have to pay it back. b. It is unjust that she was told from official's mouths that as long as she reclassified to 31E, she would be entitled to the money, but now they recouping what she received, which is really unfair and disheartening. Retroactively speaking, when she spoke with the bonus incentive manager they were surprised she was told that she would receive her bonus and that they gave her the wrong information. Well, government leaders are giving Soldiers in the wrong information and that is not at the fault of the Soldier. 2. The applicant provides various documents state below. 3. Review of her service records shows: a. She enlisted in the NYARNG on 5 February 2009. She agreed to serve 6 years as an assigned member of a troop program unit in the Selected Reserve and 2 years as an assigned member of the U.S. Army Reserve (USAR) Individual Ready Reserve. b. Her enlistment agreement indicates she enlisted for training in MOS 42A and assignment to the 4th Personnel Service Company. Annex E (NPSEB) Addendum) states upon enlistment in the ARNG, she would be eligible for an enlistment bonus as indicate din the Selected Reserve Incentives Program (SRIP) and she would be receiving a non-prior service, non-critical sill bonus. Her bonus is as follows: * she would receive a total bonus of $20,000 for the enlistment bonus option above, less taxes * She would be paid the first bonus payment of 50% of the total authorized amount entered above, less taxes, when she completed initial active duty training and is awarded the MOS for which I enlisted. * The second and final payment of 50% will be paid on the 36th-month anniversary of her date of enlistment * She understood that she would not receive a payment until all requirements have been met and her entitlement has been verified and certified by the proper authority * The bonus would be terminated with recoupment if she voluntarily transfer into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment; recoupment will be calculated from the date of transfer. c. She entered active duty for training (ADT) on 13 May 2009 and completed required training for award of MOS 42A. She was honorably released from ADT on 24 September 2009. d. On 3 October 2010, she requested a voluntary inter-state transfer to the FLARNG. The Interstate Transfer Support Specialist indicated that she would not lose her incentive. She was assigned to the 806th Military Police Company. e. Her DA Form 1059 shows she completed training in MOS 31E (Interment and Resettlement Specialist) from 1 May 2011 to 14 May 2011. f. She was honorably discharged from the ARNG on 4 February 2015. Her NGB Form 22 shows she completed 6 years of ARNG service. g. On 3 May 2015, by memorandum, the State Incentives manager notified the applicant of Incentive Eligibility Termination. He stated that discrepancies found in her incentive contract require eligibility termination for the reasons identified below. She was notified that any recoupment amount will be forwarded for debt collection action. (1) Incentive Type(s): Non-Prior Service Bonus dated 20090205. Amount being recouped $14,722.22 (2) Reason for the Recoupment: 20101003 voluntarily transferred from the contracted MOS and UIC (Unit Identification Code) for which the bonus was awarded upon enlistment. Authority of Establishing Debt: Title 31, U.S. Code, section 3702. She could be eligible for appeals and/or various repayment options. If she were an active member of the National Guard, she would receive further guidance from the United States Property and Fiscal Office (USPFO). If she were no longer an active member of the National Guard, she would receive further guidance from DFAS> h. On 10 May 2016, her company commander dispatched a memorandum for record wherein he indicated: (1) The applicant performed an Inter-State Transfer (1ST) from the NYARNG to the FLARNG on 3 October 2010. She was a qualified 42A10 as a member of the NYARNG. However, the FLARNG's State Enlisted 1ST Coordinator, Mr. X__, indicated there were no available/vacant 42A10 positions within a 75 mile travel distance. As a result, the applicant had to accept a vacant 31E10 position with the 806th Military Police Company. She was assigned to paragraph and line 108/05 with a duty MOS of 31E. (2) The applicant was assured by Mr. X__ that she would maintain her 42A10 bonus as long as she re-classed from a 42A10 to a 31E10 within 12 months. As indicated by her DA Form 1059s (Service School Academic Evaluation Report) Phase 1 and 2, she graduated and became 31E MOS qualified on 28 May 2011, which was within the 12 month reclassification guidance. (3) Based on the above information and the information she was promised during her 1ST process, she cannot be held liable for her 42A 10 bonus and the current repayment notice she received. i. On 11 August 2016, DFAS sent a letter to her Member of Congress indicating that the applicant's debt was a valid debt. She contracted for 72 months in exchange for a $20,000 bonus. She terminated her bonus when she voluntarily transferred out of the MOS and unit she contracted for, and her unit reported that she served only 19 months of her obligated contract resulting in a recoupment of a portion of the incentive. 3. The NGB rendered an advisory opinion on 25 March 2019 in the processing of her case. An advisory official recommended approval of her request and stated: a. Applicant signed a six year contract with NYARNG on 5 February 2009. She also completed a Non Critical Skill NPSEB Addendum for $20,000, in MOS 42A (Human Resources Specialist. She voluntarily transferred to the FLARNG on 3 October 2010. She served in the NYARNG in her contracted MOS and transferred to FLARNG. The Interstate Support specialist email states that the applicant would have to reclassify as an Internment/Resettlement Specialist (31E) within 12 months in order to maintain her bonus. She graduated and became 31E MOS Qualified on 28 May 2011, which was within the 12 month re-classification guidance provided by the Interstate Support Specialist. b. She should retain the full NPSEB. She met the criteria that the Interstate Transfer Specialist assured her to maintain her bonus. In accordance with, Selected Reserve Incentive Program (07-06) 7a.3 and Department of Defense Instruction 1205.21 Paragraph 6.6, 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 as appropriate. c. The NGB Incentives branch concurs with this recommendation. The FLARNG concurs with this recommendation. 4. The applicant was provided with a copy of this advisory opinion to give her an opportunity to comment and/or submit a rebuttal. She did not respond. 5. SRIP 07-06, paragraph 7a(3) and DODI 1205.21 Paragraph 6.6, state 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. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was warranted. The Board concurred with the advisory opinion, grant relief and reimbursement of any monies paid. 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 Army records of the individual concerned be corrected by showing she retains her eligibility for the enlistment bonus in the New York Army National Guard, reversing the recoupment of that bonus (NPSEB), reimbursing any monies already 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. REFERENCES: 1. DODI 1205.21 reissues Reserve Component Incentive Programs Procedures, to update policy, assign responsibilities, and prescribe procedures for management of the Reserve components incentive programs. Paragraph 6-6 (Relief from Termination) states in: a. 6.6.1. 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. b. 6.6.2. 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. c. 6.6.3. Persons accepting military technician positions on a temporary assignment of less than 6 months. 2. Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, establishes policy to administer ARNG incentives for the period effective 10 August 2007 to 31 March 2008. It states a Soldier's incentive may be suspended, terminated with recoupment, or terminated without recoupment. A person who enters into an agreement and received all or part of the bonus under the agreement but who does not commence to serve in the Selected Reserve or does not satisfactorily participate in the Selected Reserve for the total period of service specified in the agreement, shall repay the United States Government the amount of bonus so paid. ABCMR Record of Proceedings (cont) AR20160015359 5 1