ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 4 November 2019 DOCKET NUMBER: AR20170004274 APPLICANT REQUESTS: in effect, correct his record to show: * he was authorized an exception to policy (ETP), issued by the National Guard Bureau (NGB) to be paid his bonus in a lump sum payment * relief from recoupment of bonus and any administrative fee if any * personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored narrative * applicant’s memorandum for record (MFR) request for ETP dated 10 June 2016 * NGB ETP disapproval memorandum dated 24 October 2016 * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum Army National Guard of the United States (ARNGUS) with Bonus Control Number R12030004WI * Memorandum for Record from the applicant’s commander regarding reenlistment his bonus * Memorandum for Record from the battalion master trainer regarding reenlistment bonus * applicant’s request for ETP, dated 11 June 2013 * Wisconsin ARNG memorandum, Subject: Notification of Incentive Discrepancy and ETP process dated 5 May 2016 * WIARNG MFR request for ETP * WIARNG memorandum, Subject: Request for a Grant of Relief of Recoupment for the applicant * WIARNG Order 325-001 dated 21 November 2013 * Defense Joint Military Pay System (DJMS) print out 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 (ABCMR) 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 for 6 years with a $10,000 bonus while he was in Afghanistan on 6 June 2012. Before he voluntarily transferred to another unit, he was advised through his chain of command by the Recruiting and Retention Command that his reassignment would not interfere with the receipt of his bonus. b. On or about May 2013, he received his first installment of his reenlistment bonus in the amount of $5000.00. c. He was advised that he would remain eligible for the bonus because he was transferring to a deployable unit, the military occupational specialty (MOS) for the position required a higher GT score, and it was a low density MOS that lacked eligible Soldiers to fill the positions; he transferred to the unit in November of 2013. d. In May of 2016, he received notification that there was a discrepancy in his incentive and the bonus would be terminated and recoupment would be processed. e. On 10 June 2016, he submitted a request for an ETP. On 24 October of 2016, the NGB disapproved his ETP request due to violation of ARNG Selective Reserve Incentive Program (SRIP) 12-01 and Department of Defense Instruction (DoDI) 1205.21, paragraph 6.6.2. f. Since his transfer, he has graduated from level 1 and 2 of the contracting course and obtained his level 2 contracting certification. He had worked in the contracting office for a year while on active duty orders and received the highest praise from the Supervisory Contract Specialist on his superior performance. g. The disapproval of the ETP has greatly affected his intensions of remaining in the WIARNG, which would result in a significant loss of time and money for the WIARNG to have to select and train a replacement. h. He believes this request should be granted because the ARNG SRIP 12-01 states, termination should occur if voluntarily transfer to a non-bonus unit or MOS and the 51C MOS shows to be a bonus MOS, it indicated that if eligible a lump sum payment can be provided to the Soldier, and due to the low density unit he should also be eligible for a $2,000 MOS conversion bonus. 3. The applicant provides: a. His ETP request, dated 18 June 2013, in which he states that due to no fault of his own, he should be granted an ETP, and that he should be paid his bonus. b. WIARNG memorandum dated 5 May 2016, notified the applicant of the incentive discrepancy and the ETP process. They stated that the Soldier voluntarily changed his reenlistment MOS during the contractual obligation which was in violation of section V 3b of the reenlistment bonus addendum. The discrepancy needed to be resolved to avoid a termination in the receipt of the bonus. Additionally, they stated, “we have determined that you may be eligible for an ETP [but] you must submit an ETP Request to the Education Office through your Chain of Command within 45 days from the date of this correspondence…Failure to submit an ETP Request to the Education Office within 45 days will result in immediate termination and/or recoupment of your incentive in accordance with 31 U.S. C section 3” c. His request for an ETP, dated 10 June 2016, which states, due to no fault of his own he placed his faith in the words of his commander; therefore, he did not request his statement be put in writing. Even though he voluntarily transferred to another unit, he still met the eligibility requirements of ARNG SRIP 12-01. His request including the following supporting letters from his command: (1) A memorandum from Major (MAJ) X__, the applicant’s commander at the time of the transfer, stated that he recruited the applicant due to his skill set and that he was qualified for the unit. The unit is a high deploying contracting unit that responds to emergency situations, disasters, and into combat theaters. The ability to get qualified Soldiers for the unit is extremely difficult due to the eligibility requirements. MAJ X__ was told by recruiting command that due to the unit being a deployable unit with critical jobs, the applicant would not lose his bonus. The applicant’s training was at a cost to the government equivalent to about $750,000 investment. (2) A memorandum from Master Sergeant (MSG) X__, states since he had a background in Recruiting and Retention, he would contact the current education office to find some answers regarding the applicant’s bonus entitlement. Although the MSG could not remember who he spoke with at Recruiting and Retention Command, he was nonetheless told by the Recruiting and Retention Command that in order for the applicant to maintain his incentives from his reenlistment, he would either need to be command directed over to the CCT or the MOS he was transferring into needed to be a critical skill job that qualified for the same incentives as MOS 11B, he initially reenlisted for. It was the MSG understanding that the applicant would be command directed to the 1967th CCT. (3) A memorandum from Captain (CPT) X__, dated 10 June 2016, states due to the eligibility requirements for MOS 51C, and the fact that few Soldiers meet the qualifications, the applicant has completed numerous courses for his certification and worked in the MOS while on active duty to qualify for the job. The Soldier was informed that his transfer to the unit would not cause him to loss his bonus he should be granted the ETP. d. WIARNG memorandum dated 22 September 2016, subject: Request for a Grant of Relief of Recoupment for the Applicant, states that the applicant should be granted a relief from recoupment of the bonus due to no fault of his own as he was misinformed by his commander. 4. A review of the applicant’s service records shows: a. He enlisted in the ARNGUS on 11 May 2007. b. Orders 7131006, issued by MEPS, dated 11 May 2007 shows he was ordered to initial active duty for training (IADT) for basic training. c. Orders 8205028, issued by MEPS, dated 23 July 2008 shows he ordered to IADT for advanced individual training (AIT) for military occupational specialty (MOS) 11B (Infantryman). d. Annex R to DD Form 4 (Reenlistment/Extension Bonus Addendum), dated 6 June 2012, shows he reenlisted/extended for 6 years to receive a total bonus payment of $10,000 in MOS 11B. e. He was released from active duty on 3 May 2013 with an honorable characterization of service. His DD Form 214 shows that he completed 1 year, 2 months, and 9 days of active service. f. He was voluntarily transferred to 1967th Contingency Contract Team on 18 September 2013, to fill a MOS position 51C (Acquisitions, Logistics, and Technician). The Orders state he was not MOS qualified for the position. g. He was ordered to Active Duty for Operation Support – Reserve Component for the period on 25 November 2013 to 30 September 2014. His DD Form 214 shows he completed 10 months and 6 days of net active duty service. Item 11 (Primary Specialty) is listed as 51C. h. He was released from active duty on 24 November 2014 with an honorable characterization of service. His DD Form 214 shows that he completed 1 year of net active duty service. i. On 24 October 2016, the NGB disapproved the applicant’s request for ETP for reenlistment/extension bonus due to the fact that he voluntary transferred out of the contracted MOS, which violated DoDI 1205.21, paragraph 6.6.2, violating ARNG SRIP 12-01. The State Incentive Manager was directed to terminate the incentive with recoupment effective the date of the transfer reflected on the applicant’s order. j. He was separated from the WIARNG on 10 May 2019 with an honorable characterization of service. His NGB Form 22 (Report of Separation and Record of Service) shows he completed 12 years of service. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found the relief was not warranted. The applicant’s contentions were carefully considered. He contracted for MOS 11B to receive a reenlistment bonus. The Board noted that although the applicant submitted letters of support from his command; he voluntarily transferred out his MOS into MOS 51C, which no longer qualified him for the reenlistment bonus. The Board concurred with NGB’s ETP denial letter based on regulatory guidance with recoupment. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 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 15-185 (ABMCR) states board members will review all applications that are properly before them to determine the existence of an error or an injustice. The ABMCR decides cases on the evidence of record. It is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABMCR may grant a formal hearing whenever justice requires. 3. Army National Guard SRIP Guidance for Fiscal Year 12, for the period 5 June 2012 – 30 September 2012 (Policy Number 12-01), states, the Solider shall serve satisfactorily in the MOS for the full term of the service agreement. (Exceptions authorized pursuant to Chapter 21(a). Chapter 21 states, “: a. A Soldier who MOS is changed duty to a unit transition or who is inactivated, relocated, reorganized, or converted may continue to receive incentives provided he or she meets all other eligibility criteria, becomes DMOSQ within 24 months, and is not separated from SELRES. The Solder must be coded 9994, excess due to reorganization in SIDERS/TAPDB-G code. Assignment orders must be uploaded into iMARC/GIMS. b. A Solider mobilized for deployment is allowed to retain all the SRIP incentives he or she qualified for and received prior to mobilization, regardless of duty position and MOS cross-leveled into during mobilization. After mobilization, the Solider must either return to the original contacted MOS and position or into the new incentive MOS and position annotated on the current incentive addendum and reflected in iMARC/GIMS at the time of REFRAD, and the Soldier must return to duty to be able to continue to receive any remaining incentive payments. A Soldier reenlisting/extending has 24 months from the new contract start date to be DMOSQ. c. Reasons for termination with recoupment include, a Soldier voluntarily changing their CS MOS during the contractual obligation, unless assigned as a 09S (OCS Candidate or (09R (SMP Cadet). Their termination date will be the date of transfer reflected on the Soldier’s order. 3. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), states in paragraph 2-9 (Termination With Recoupment) that termination entitlement and eligibility for enlistment bonus is effective when a Soldier voluntarily transfers to a non-bonus unit and a non-critical skill. 4. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170004274 6 1