ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  23 September 2019

	DOCKET NUMBER:  AR20170003991


APPLICANT REQUESTS:  to terminate recoupment of Selective Reserve Incentive 
Program (SRIP) bonus

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	National Guard Bureau (NGB) exception to policy disapproval

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

     a.  He reenlisted in the Washington Army National Guard (ARNG) in June 2009, 
while he was deployed to Iraq and received a SRIP bonus.  Due to the austere 
environment and constant relocations, he was unable to keep his records in an 
organized manner.  As a result, he mis-placed his DD Form 4836 (Oath of Extension of 
Enlistment or Reenlistment) and bonus contract.  

     b.  His unit did not perform a good job of records management, as this paperwork 
was also mis-placed at the unit level and never was submitted to his Army Military 
Human Resource Record (AHMRR) in Interactive Personnel Electronics Records 
Management System (iPERMS).  The reason he violated the conditions of his bonus 
contract was a misunderstanding of mobility and flexibility between the inactive National 
Guard (ING) and interstate transfer (IST).  Due to this misunderstanding, he was 
unaware he was breaching his contract with his actions.  

     c.  After he completed his tour in Iraq, he accepted employment in North Dakota 
(ND).  He did an IST from the WAARNG to the NDARNG.  Nine months later, he was 
accepted to a school in Texas, so he requested to be reassigned to the ING.  Six 
months later, he was laid off from his civilian job, so he relocated to Idaho to be close to 
family and he did an IST to the IDARNG.  A few months later he was offered 
employment in ND, so he was reassigned to the ING.

3.  The applicant provides a copy of the NGB exception to policy disapproval, which 
states:

     a.  Reference: Army National Guard (ARNG) Selected Reserve Incentive Program
(SRIP) Policy Guidance for Fiscal Year 2007 (Policy Number 07-06 with Updates
effective 1 March 2009).

     b.  An ETP to retain the $15,000.00 REB is disapproved for the discrepancies listed
below.

     c.  Written agreement cannot be located in the Soldier's records which violates the
Department of Defense Instruction (DoDI) 1205.21, paragraph 6.2.

     d. Voluntarily transferred out of the contracted Military Occupational Specialty which
violates DoDI 1205.21, paragraph 6.6.2.

     e. Failed to·extend for the period of non-availability within the required time frame
upon returning to an active status from the Inactive National Guard which violates DoDI
1205.21, paragraph 6.7.2.

     f. Transferred into an unauthorized position during the contract term which violates
ARNG SRIP 07-06 Updated 1 March 2009.

     g.  Contract/agreement details:

*	State enlisted/accessed: WA; Unit Identification Code (UIC): P9LAA
*	Date of agreement/enlistment: 29 June 2009
*	Contracted bonus addendum/agreement amount: $15,000.00

     h.  The discrepancies identified violates a Department of Defense Instruction and the 
ARNG does not have the authority to approve this request. The State Incentive 
Manager will terminate the incentive with recoupment effective the contract start date.

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

	a.  He enlisted in the Army National Guard of the United States (ARNGUS) for the 
state of WA on 30 June 2003.

	b.  WAARNG Order Number 051-023, dated 20 February 2009, ordered the 
applicant to active duty on 8 March 2009 in support of Operation Iraqi Freedom.

	c.  He served in Kuwait and Iraq from 11 May 2009 to 25 February 2010.

	d.  He was release from active duty on 14 May 2010 with an honorable 
characterization of service under provisions of Army Regulation (AR) 635-200 (Active 
Duty Enlisted Administrative Separations), chapter 4 (Completion of Required Active 
Service).  His DD Form 214 shows that he completed 1 year, 2 months, and 7 days of 
active service.

	e.  WAARNG Order Number 280-934 dated 7 October 2010, transferred the 
applicant from the WAARNG to NDARNG effective 6 October 2010.  The order shows 
that the applicant was not qualified for the position assigned.

	f.  NGB 22-5 (Addendum to DD Form 4), Part – Soldier Data block 6 (Bonus Type) 
states NONE.  His primary military occupational specialty (MOS) was 91P2O and his 
duty MOS 94T1O.

	g.  NDARNG Order Number 271-002 dated 28 September 2011, awarded the 
applicant the primary MOS 91B2O and secondary MOS 91P2O.

   h.  NDARNG Order Number 227-422 dated 14 August 2012, reassigned the 
applicant to the ING for the NDARNG effective 31 July 2012.

	i.  NDARNG Order Number 207-428 dated 26 July 2013, reassigned the applicant to 
the NDARNG effective 30 July 2013.

	j.  NDARNG Order Number 062-435 dated 3 March 2014, reassigned the applicant 
to the IDARNG effective 24 February 2014.

	k.  IDARNG Order Number 17-01 dated 22 May 2014, reassigned the applicant to 
the ING effective 13 May 2014.

	l.  IDARNG Order Number 02-02 date 2 January 2015, reassigned the applicant to 
the IDARNG effective 2 January 2015 as excess.

	m.  DA Form 4836 dated 10 January 2015, the applicant extended his enlistment for 
8 months to obtain a new expiration term of service (ETS) of 28 February 2017.

	n.  IDARNG Order Number99-01 dated 9 April 2015, awarded the applicant the 
primary MOS of 91P2O and secondary MOS of 91B2O effective 9 April 2015.

	o.  NGB memorandum dated 2 November 2015, disapproved the request for 
exception to policy (ETP) for the applicant to retain his reenlistment extension bonus of 
$15,000 due to following discrepancies:

*	written agreement cannot be located in his records which violates Department 
of Defense Instruction (DoDI) 1205.21, paragraph 6.2
*	voluntarily transferred out of contracted MOS which violates DoDI 1205.21, 
paragraph 6.6.2
*	failed to extend for the period on time in the ING upon returning to active 
status which violates DoDI 1205.21, paragraph 6.7.2
*	contracted MOS was 88M and his current MOS 91P

     p.  As these discrepancies violate a DoDI the NGB does not have the authority to 
approve the request and the NGB has directed the termination of the incentive with 
recoupment effective the start date of the contract.

	q.  IDARNG memorandum dated 6 November 2015, notified the applicant of the 
termination with recoupment of the incentive.

	r.  IDARNG Order Number 327-061 dated 22 November 2016, reassigned the 
applicant within the IDARNG effective 22 November 2016.

	s.  DA Form 4836 dated 11 February 2017, the applicant extended his enlistment for 
1 year to obtain an ETS of 28 February 2018.

	t.  DA Form 4836 dated 16 June 2017, the applicant extended his enlistment for 
7 months to obtain an ETS of 28 September 2018.

	u.  He was discharged from the ARNG on 29 September 2018 with an honorable 
characterization of service under the provisions of National Guard Regulation (NGR) 
600-200 (Enlisted Personnel Management), paragraph 6-35a (Expiration Term of 
Service).  His NGB Form 22 (Report of Separation and Record of Service) shows that 
he completed 15 years, 2 months, 29 days of service.

5.  The facts and circumstances surrounding the extension of enlistment and incentive 
bonus in question are not available for the Board to review.

6.  By regulation 135-7 (Incentive Programs), eligible Soldiers immediately reenlisting or 
extending under the SRIP depending on their total length of service at current ETS. 



BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief 
was not warranted.  The applicant’s contentions were carefully considered.  The Board 
agreed the suspension and termination of his incentive was expressed in his contract, 
and that his not knowing he was breaching the contract is not a grounds for providing 
relief.

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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three years after discovery of the alleged error or injustice.  
This provision of law also allows the Army Board for Correction of Military Records 
(ABCMR) to excuse an applicant's failure to timely file within the three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation (AR) 135-7 (Incentive Programs), in effect at the time, eligible 
Soldiers immediately reenlisting or extending under the SRIP depending on their total 
length of service at current ETS.

	a.  Paragraph 4-3 (Eligibility), reenlisting or extending for a valid position vacancy in:

*	designated unit or MOS authorized for award of an immediate reenlistment or 
extension bonus, must meet the MOS qualification to the 3rd digit of that 
position at the time of reenlistment or extension or must be qualified in that 
MOS
*	hold rank and grade with respect to the unit vacancy
*	has been a satisfactory participant for 3 months preceding the reenlistment or 
extension

b.  Paragraph 4-7 (Termination), reenlistment or extension bonus entitlement will 
stop if:

*	becomes an unsatisfactory participant
*	moved to a non-bonus unit or MOS
*	reclassified
*	fails to extend the contracted term of service for period of non-availability
*	separated from the selective reserve for non-availability, entered active duty 
in active guard and reserve status

c.  Paragraph 4-9 (Recoupment Conditions), recoupment of immediate reenlistment 
or extension bonus payments will be started by the unit commander when such 
incentive is terminated:

*	unsatisfactory participant
*	moves to non-bonus MOS or unit
*	separation from the selective reserve as enlisted Soldier

3.  Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive 
Programs Procedures), reissue reference to update policy, assign responsibilities, and 
prescribe procedures under reference for management of the reserve components 
incentive programs.

	a.  Paragraph 6.2 (Written Agreements), recipient shall be required to sign a written 
agreement stating that the member has been advised of and understand the conditions 
under which continued entitlement to unpaid incentive amounts shall be terminated and 
advance payments may be recouped.

	b.  Paragraph 6.6.2, persons whose military specialty is changed at the convenience 
of the government or whose unit is inactivated, relocated, reorganized or converted are 
entitled to continue receiving incentive payments provided they meet all other eligibility 
criteria and are not separated from the selected reserve.

	c.  Paragraph 6.7.2, members of the selective reserve may incur a period of 
authorized non-availability for up to 1 year for valid personal reasons.  These persons 
shall be assigned to the Inactive National Guard (ING), during the period of non-
availability shall be suspended from their incentive.  Members are reassigned to the 
selective reserve skill or unit type that they had previously contracted for, members may 
be reinstated in the incentives program if they extend their term of service to be able to 
serve the full original incentive contract period.  Entitlement payments shall resume on 
the adjusted anniversary date.  The date shall be adjusted for that period of non-
availability.

	d.  Paragraph 6.8 (Termination and Recoupment), 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 prorate amount to the government, if 
such termination is for any of the following reasons:

*	fails to participate satisfactorily in required training during the entire period of 
service agreed to, in accordance with the written agreement, unless the 
failure to participate satisfactorily was due to reasons beyond the control of 
the member 
*	separates from the Selected Reserve for any reason (including
enlistment or voluntary order to active duty in the active forces)
*	moves to a non-bonus skill or unit, unless the move is required by the
reserve component.
*	fails to extend the contracted term of service for a period of authorized
non-availability.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003991

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