IN THE CASE OF: BOARD DATE: 11 February 2020 DOCKET NUMBER: AR20170007110 APPLICANT REQUESTS: * retain $15,000.00 Prior Service Enlistment Bonus (PSEB) * relief from recoupment for the $15,000.00 PSEB APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Soldier Incentive Assistance Center (SIAC) Audit * Soldier Incentive Assistance Center (SIAC) notice * National Guard Bureau (NGB) Exception to Policy (ETP) Denial * California Army National Guard (CAARNG) Appointment Memorandum FACTS: 1. The applicant states he reenlisted and accepted the PSEB. He believed he was eligible for the PSEB at the time of his reenlistment. He reports he served his full 6 year enlistment in good standing. He maintains his 13F and 13B military occupational specialty (MOS) and trained as a 13W MOS when the CAARNG reorganized. As part of the reorganization the CAARNG moved the 13F MOS to southern California. The unit HHB 1/143 FA (Headquarters and Headquarters Battery, 1st Battalion, 143rd Field Artillery) was the applicant’s home unit. He agreed to cross train to a new MOS to fill the re-organization’s need for MET section chief. The 13W became 13T which combined to 13W and 13S MOS. All these MOSs qualified for bonuses at the time the applicant reenlisted. He states he was placed into the wrong unit and an MOS and a unit 09B. He should have initially been assigned as a 13F in HB 1/143 FA, but somehow his initial assignment was as a 13B. He always maintained a MOS that was beneficial to HHB 1/143 FA. 2. A review of this records show: * 5 June 1984 to 3 October 1985– he was enlisted in the Army National Guard * 4 October 1985 to 3 October 1989 – he enlisted in the United States Air Force Regular Service * 4 October 1989 to 31 July 1991 – he enlisted in the United States Air Force Reserve * 1 August 1991 to 30 July 2002 – he enlisted in the ARNG * 31 May 2006 – he reenlisted in the CAARNG for 6 years * 30 May 2006 – he signed NGB Form 600-7-6-R-E (Annex X (Prior Service Enlistment Bonus Addendum - ARNG)) * he qualified in and held his primary MOS * he completed his military obligation and has not completed more than 16 years of total military service * he had a 12 month break in service if his prior enlistment was in the Reserve Component * he had not previously received an enlistment, affiliation, reenlistment/ extension bonus or student loan repayment program for service in the selected reserves * he met all the enlistment eligibility criteria * he is not in excess position * termination is effective on the date of transfer but recoupment is not required if he does not become qualified in and be awarded a primary MOS. The MOS required for his position within 24 months after a voluntary or involuntary transfer due to inactivation, reorganization or relocation * recoupment will be based on multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount. The amount of the 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 enlisted for a 6 year prior service enlistment bonus and does not have more than 16 years of total military service * his bonus will be terminated with recoupment of unsatisfactory participant accumulating 9 unexcused absences within 12 month period and failing to attend or complete annual training without commander approval * 17 May 2000 – Orders 138-1100 he was release from Fire Support Sergeant/Detachment HHB 1/143 FA and transferred to Fire Support Sergeant/ Detachment 1, HHB 1/487 FA * 19 October 2006 – Orders 229-1031 he was released from technical inspector/ FSC 579th Engineer Battalion and transferred to Fire Support Sergeant Detachment 1 HHB 1/143 FA * 5 April 2007 – Orders 95-1023 he was awarded the primary MOS 13B30 and withdrawn primary MOS 09B30 effective 31 May 2006 * 10 March 2009 – Orders 069-549 he was awarded primary MOS 13W10 effective date 29 April 2009 * 27 August 2009 – was awarded the primary MOS 13W30 and secondary MOS 13B30 and withdrawn primary MOS 13B30 * 22 March 2010 – Orders 81-1157 he was released from Detachment 1 HHB 1/143 FA and transferred to FA Metro Section Chief/ HHB 1/143 FA * 31 July 2014 – Orders 212-1062 he was honorably discharged from the ARNG 3. The applicant provided the following documents in support of his request: a. Soldier Incentive Assistance Center (SIAC) Audit – dated 23 January 2015 shows applicant’s Bonus Control Number: P079010012CA, service member was not eligible to contract or payment. Service member had 18 years, 1 months and 25 days' time in service (TIS) making the applicant ineligible for an incentive, Service Member was 13F from prior service but was never awarded the MOS, he served as a 13T and 13B throughout his term of service. He is subject to a recoupment amount of $15,000.00 for not meeting the TIS requirement. b. Soldier Incentive Assistance Center (SIAC) notice – shows on 1 June 2007 and 30 May 2007 he was paid $7,500.00. c. National Guard Bureau (NGB) Exception to Policy (ETP) Denial – dated 2 May 2016 shows: * ETP to retain $15,000.00 REB is disapproved because the applicant exceeded the authorized TIS requirement and the voluntarily transferred out of the contracted MOS * Contracted MOS: 13T Current MOS 13F d. CAARNG Appointment Memorandum – dated 6 May 2015 shows CAARNG audited the applicant’s bonus and determined his incentive would be terminated due to payment made in violation of federal law and payment made in violation of NGB policy. 4. See applicable REFERENCES. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the terms of his contract and incentive addendum, the change in MOS during the period of the contract and the record of payments. The Board considered the denial of his requested exception to policy and the reasons for the denial. The Board found that the applicant was not eligible for the incentive based on his time in service, nor did he remain in the MOS stated in the incentive documents. Based on a preponderance of evidence, the Board determined that the denial of the bonus and the subsequent recoupment action were 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 :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. Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2006 established policy to administer ARNG incentives for the period effective 27 January 2006 through 31 May 2006 unless otherwise noted, superseded or suspended. For affiliation bonus, complete NGB Form 600-7-4-R-E as Annex B of DD Form 4 for enlistment with an affiliation bonus, and have this form processed by their Recruiting and Retention NCO. 2. Department of Defense Instruction (DODI 1205.21) Reserve Component Incentive Programs Procedures Paragraph 6.2. Written Agreements. As a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20170007110 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1