ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  20 June 2019

	DOCKET NUMBER:  AR20160016056


APPLICANT REQUESTS:  in effect, reversal of the decision by the National Guard Bureau (NGB) to deny her exception to policy (ETP) request to retain the Non-Prior Service Enlistment Bonus (NPSEB) incentive.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* General Affidavits to Commander
* Medical Record
* Two DA Forms 4187 (Personnel Action)
* Self-Authored Statement, dated 20 August 2013
* Memorandum, subject:  Request for ETP for NPSEB [Applicant]
* NGB Form 22 (Report of Separation and Record of Service)
* Honorable Discharge Certificate
* Orders 062-1048 and Orders C-05-507392
* Finance Records Review and Personnel Records Review
* Memorandum, subject: Recommendation for Inactive Ready Reserves (IRR) Discharge on Applicant
* Annex E to DD Form 4 (Enlistment/Reenlistment Document) NPSEB Addendum
* Record of Drill Attendance for 2015

FACTS:

1.  The applicant states legitimate excused absences (with proper medical documentation) were counted as being absent without leave (AWOL), making her an unsatisfactory participant.  The bonus repayments are extremely high due to the NGB records being inaccurate of her participation.  Erroneous documents reflect her continuous AWOL in the year of 2014 and 2015, however, she was discharged into the IRR in 2011.  There are erroneous orders placing her back into the National Guard.  The memorandum from Texas Army National Guard (TXARNG) reflects discrepancies such as current military occupational specialty (MOS) as 92A (Automated Logistical Specialist) when she is qualified as 92F (Petroleum Supply Specialist).


2.  A review of the applicant’s service record shows:

	a.  She enlisted in the TXARNG on 24 March 2007.

	b.  In connection with her enlistment, she signed/initiated where applicable on NGB Form 600-7-1-R-E (Annex E to DD Form 4 (NPSEB Addendum).  

	c.  She acknowledged in Section II (Eligibility):

* item 3 – “I am a Non-Prior Service Enlistee and have never previously served in the U.S. Armed Forces”
* item 7 – “I am enlisting for 92F1O00YY which is designated as a NGB or State Critical Skill MOS”

	d.  She acknowledged in Section III (Payments):

* item 1 – “I will receive a total bonus of $20,000.00 for the enlistment bonus option above, less taxes”
* item 2 – “I will receive my first bonus payment of 50% of the total authorized amount entered above, less taxes, when I complete individual  and I am awarded the MOS for which I enlisted”
* item 3 – “The second and final payment of 50% will be paid on the 36th month anniversary of my date of enlistment”
* item 4 – “I understand that I will not receive a payment until all requirements have been met and my entitlement has been verified and certified by the proper authority”

	e.  She acknowledged in Section V (Termination):  she understood that she would be terminated from bonus eligibility, with recoupment if she became an unsatisfactory participant by accumulating 9 unexcused absences within a 12-month period effective on the date of the 9th unexcused absence or failing to attend or complete annual training without commander approval.

	f.  She acknowledged in Section VII (Statement of Understanding):  she read the entire addendum and understood all of the statements concerning her enlistment bonus.  She understood that the addendum would be void if she does not meet all of the requirements.  No other promises had been made to her in connection with her enlistment bonus addendum.

	g.  She served in Iraq/Kuwait from 5 November 2008 to 22 August 2009.

	h.  On 6 August 2011, the applicant requested transfer to the IRR.

	i.  On 2 November 2011, the applicant’s immediate commander recommended approval of the applicant’s request to transfer to the IRR.

	j.  On 2 March 2012, the applicant was discharged from the TXARNG and transferred to the IRR.

	k.  The applicant submitted an ETP request on 20 August 2013, wherein she requested to retain her NPSEB due to mitigating circumstances including a family death.

	l.  On 27 July 2016, by memorandum, the applicant was informed the request for ETP to retain the $20,000.00 NPSEB was disapproved for an accumulated nine or more periods of unsatisfactory service, which violates the Department of Defense Instruction (DODI) 1205.21 paragraph 6.8.1 and separated prior to completion of the service obligation which violates ARNG Selected Reserve Incentive Program Policy 07-04.

3.  An advisory opinion was received from the NGB in the processing of this case.  On 27 March 2019, the Chief, Special Actions Branch recommended approval of the ETP and opined:

	a.  The Soldier contends she moved to Florida in July 2010 and began the process to transfer to the Florida ARNG.  She submitted a request for ETP to retain her NPSEB on 11 July 2016 which stated she was transferring due to a death in the family.  She was informed due to her Department of Veterans Affairs (VA) ratings, she would need a medical retention board and could not transfer.  She submitted an affidavit which contends she continuously tried to contact the unit regarding the board and her transfer.

	b.  The affidavit she submitted was in response to an AWOL notification letter which stated the Soldier attained unexcused absences on 16-17 April 2011.  On 5 July 2011, the Soldier received a second letter of notification claiming unexcused absences from 11-12 June 2011.  The Soldier submitted a second affidavit describing failed attempts to coordinate with her unit regarding the status of her transfer.

	c.  The applicant’s documented attempts to reach out to the unit support she was actively communicating with her unit during the timeframe she was determined to be unexcused.  Furthermore, the medical documentation provided by the applicant suggests that she was under medical care during the same time.  Additionally, there is no evidence that the Soldier received her 9th unexcused absence.

	d.  The Soldier requested transfer to the IRR due to financial hardship and her request was approved.  The memorandum signed by the commander states the applicant did not receive a bonus in the TXARNG and has been a satisfactory unit member since 14 March 2007.  This suggests the bonus was overlooked upon her request to transfer.  Furthermore, the Soldier was unlikely counseled on the effects a transfer to the IRR would have on her bonus.

	e.  Based on the evidence and the information described above, it is the recommendation of the NGB for the applicant to retain her NPSEB.  The opinion was coordinated with the ARNG Incentives Oversight Branch and the ARNG Enlisted Policy Branch.  The TXARNG concurs with their recommendation.

3.  The applicant was provided a copy of this advisory opinion on 19 April 2019 and given an opportunity to respond.  She did not respond.

4.  By policy, 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, the member must refund a prorated amount to the Government, if such termination is for failing to participate satisfactorily in required training during the entire period of service agreed to or separates from the ARNG for any reason.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was not warranted.  The applicant’s contentions and the advisory opinion was carefully considered.  Notwithstanding the NGB advisory opinion, the Board determined there is insufficient evidence to grant relief.  The Board considered her affidavits and her transfer to the IRR.  Regulatory guidance provides unless granted relief, the member must refund a prorated amount to the Government, which the Board concluded she should refund the prorated rate and not retain the entire bonus as requested.  The applicant was separated from the service before completing the contracted service obligation to retain the entire bonus.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

X	X	X	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
	 
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.  Department of Defense Instruction 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.

2.  Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 1 January 2007 – 31 March 2007 (Policy Number 07-04) states, in pertinent part, 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, the member must refund a prorated amount to the Government, if such termination is for failing to participate satisfactorily in required training during the entire period of service agreed to or separates from the ARNG for any reason.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20160016056


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