IN THE CASE OF: BOARD DATE: 20 March 2020 DOCKET NUMBER: AR20170003963 APPLICANT REQUESTS: relief from Reenlistment/ Extension Bonus (REB) recoupment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum to applicant Subject: Notification of Incentive Termination and Exception to Policy Process, dated 13 April 2015 * Applicant’s request for Exception to Policy to State Incentive Manager, dated 21 April 2015 * NGB Form 22 (National Guard Bureau Report Separation and Record of Service), dated 16 September 2008 * NGB Form 566 (Honorable Discharge Certificate), dated 16 September 2008 * Memorandum for Arkansas Army National Guard (ARARNG) from National Guard Bureau (NGB) Subject: Request for Exception to Policy (ETP) for Reenlistment/ Extension Bonus, dated 2 March 2017 FACTS: 1. The applicant states the following: a. As a member of the Arkansas Army National Guard (ARARNG) he was deployed to Iraq in February 2006. b. While he was deployed, his enlistment ended. Although he was under the Stop Loss Program, he was advised by his command he should not be without a contract while deployed. He needed to reenlist, otherwise, he would be discharged when his deployment orders ended. c. Because he reenlisted while in Iraq, he was given a one-time lump sum reenlistment bonus (REB) in September 2006. d. He returned home in July 2007 and found the transition to civilian life very stressful and at times overwhelming. e. He began drinking excessively and became very depressed and distant. He decided he needed help and began to seek assistance from the Veteran’s Administration. It was determined that he had hearing loss and Tinnitus from working around turbine engines for 20 years f. He talked to the professionals at the VA about his mental state. He applied to the VA for a service connected disability for PTSD. It took a year for the VA to process his claim and in the end, they concluded that he did not have PTSD, a conclusion he disagreed with. g. He was so frustrated with the VA at that point, that he did not refile the claim and did not pursue it further. He continued to try to support his family and his unit as well as he could. h. He found himself getting more and more agitated and despondent before each subsequent drill. His drinking became worse and he did not sleep well i. He sought help a second time. This time he spoke to members of his unit and his Readiness NCO. He asked about any type of assistance that he had available. He talked to his family about all the problems he was having. He felt that he could be a danger to himself and those around him. He decided to investigate the possibility of retirement. j. He spent several months talking with different officials to determine if retirement would affect the bonus he received when he reenlisted. He repeatedly asked about his bonus and any recoupment. He was told by several officials that he would not lose or have to pay back any bonus money he received. k. He knew if any recoupment was to be paid; he did not have the means to do so. l. He was assured by numerous officials that no recoupment would be sought. After many conversations and much thought, he regretfully decided to retire m. He was transferred to the Retired Reserve on 16 September, 2008 with over 21 years of service. n. He stated if anyone had informed him that he would have to repay part of the bonus, he would have stayed in and managed to find a way to get through the last year of his enlistment. o. While he still has some issues with depression, he is receiving help. p. He is asking for relief from recoupment because of the mental stress this monetary burden will cause him and the deep financial hardship it will place on his family. 2. A review of the applicant’s records show on: a. 24 June 1987, he enlisted in the ARARNG. b. 14 February 2006 to 20 August 2007, he was mobilized to active duty in support of Operation Iraqi Freedom. c. 16 September 2006, he signed the NGB Form 600-7-3-R-E where he reenlisted/ extended for 3 years to receive a total bonus of $7500 lump sum. The contract states he understands he will be terminated from bonus eligibility with recoupment if he separates from the ARNG for any reason (recoupment is required) unless due to death, injury, illness or other impairment not the result of his own misconduct. It further states recoupment will be based upon multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount. The amount will be determined by dividing the total authorized bonus amount by 36 months for a 3-year bonus. The amount of bonus he is entitled to keep will be subtracted from the total bonus paid to date. If calculations indicate an overpayment that amount will be recouped. He signed he read the addendum in its entirety and the he understood all the statements concerning his reenlistment/extension bonus. d. 7 September 2007, he received his 20 letter stating he was eligible for retirement at age 60. e. 16 September 2008, he transferred to the retired reserve with 21 years, 2 months and 23 days for service in the ARARNG 3. The applicant provides the following documents in support of his request: a. Memorandum for applicant Subject: Notification of Incentive Termination and Exception to Policy Process, dated 13 April 2015, showing he was notified a discrepancy was discovered with his bonus incentive contract that needed to be resolved to avoid eligibility termination. The discrepancy amount is $2500.00, the reason for termination is the applicant transferred to the retired reserve before the end of the contract date. b. Applicant’s request for Exception to Policy to the State Incentive Manager, dated 21 April 2015, requesting relief of recoupment of the REB as he explains in his application to the Army Board for Correction of Military Records. c. NGB Form 22 (National Guard Bureau Report Separation and Record of Service) shows he was transferred to the retired reserve on 16 September 2008. d. NGB Form 566 (Honorable Discharge Certificate), dated 16 September 2008, shows he was honorably discharged from the Army National Guard. e. Memorandum for ARARNG from National Guard Bureau (NGB), Subject: Request for Exception to Policy (ETP) for Reenlistment/ Extension Bonus (REB), dated 2 March 2017, states the applicant’s ETP to retain the $7500 REB was disapproved because the applicant was discharged or separated prior to the completion of the service obligation which violates ARNG SRIP 06-06. 4. See references below. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered that applicant’s statement, his record of service, the terms of his reenlistment contract and corresponding incentive agreement and his request for transfer to the Retired Reserve. The Board considered the recoupment action, his request for ETP and the disapproval of his request by the NGB. The Board found that the applicant acknowledged the terms of his incentive and requested separation prior to the end of his obligated service. Based on a preponderance of evidence, the Board determined that the denial of the applicant’s request to retain the total bonus was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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. DODI 1205.21 (Reserve Component Incentive Programs Procedures), currently in effect, requires each recipient of an incentive 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. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 2. Fiscal Year (FY) 06 Selected Reserve Incentive Program (SRIP) Policy 06-06 in effect at the time, states the ARNG offers a reenlistment/ extension bonus (REB) of $7500 to Soldiers who re-enlist or extend for their first three-year term of enlistment. Soldiers will receive their REB in a lump-sum payment, which is payable upon the effective date of the new contract (day after current contractual expiration term of service). 3. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, section 4837 when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170003963 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1