ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  11 December 2019

	DOCKET NUMBER:  AR20170013121


APPLICANT REQUESTS:  to retain his reenlistment bonus (REB) or relief from 
recoupment if terminated.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Statewide Vacancy Announcement (SMVA)
*	DA Form 4856 (Developmental Counseling Form)
*	Orders Number 251-714
*	Memorandum, Subject:  Request for Exception to Policy (ETP) for 
Enlistment/Extension Bonus for [Applicant]
*	Memorandum Subject: ETP on behalf of [Applicant]
*	Memorandum, Subject: [Applicant] Army National Guard (ARNG) Extension

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 in October 2016, he accepted a SWVA position which violated 
his contract.  He explains he was very specific with his leadership and the Retention 
NCO about his intent to change his military [sic] occupational specialty (MOS) from 92G 
(Food Service Specialist) to deploy as a 56M (Chaplain Assistant).  He believes his 
previous unit lacked professionalism and caused him financial hardship. 

3.  The applicant provides the above referenced documents to include:

	a.  Statewide Vacancy Announcement (SMVA), dated 22 July 2016, which shows a 
position vacancy for a Chaplain Assistant NCO, 56M, with HQ 35th Infantry (IN) Division 
(DIV), in Fort Leavenworth, KS.

	b.  DA Form 4856 (Developmental Counseling Form), dated and signed by the 
applicant on 25 July 2016, which states in Part III (Summary of Counseling):  

*	voluntarily transferring out of contracted MOS, while serving on an incentive
*	ETP process for incentives
*	incentive will be terminated with recoupment and any future payments (if due) 
canceled

	c.  Orders Numbers, dated 7 September 2016, shows the applicant was transferred 
on 2 August 2016 from Culinary NCO, 137th Transportation Company, Olathe, KS to 
Chaplain Assistant NCO, HQ 35th IN DIV.

	d.  Memorandum, Subject:  Request for Exception to Policy (ETP) for 
Enlistment/Extension Bonus for [Applicant], dated 12 December 2016, which states he 
was not planning to reenlist in the ARNG; however, his contract was ending and he 
required the retainablility to apply for the 56M position.  He reenlisted for the minimum 
of two years as a 92G in order to attend 56M school.  He understood he was given a 
$4,000 bonus to be a 92G, however, there was no other way to transfer in MOS 56M to 
fill the position and deployment to Jordan.  He believes he transferred into a vacant 
position that was vital for the 35th IN deployment and should be able to retain the REB.  
If he is unable to retain the bonus, he is requesting that it be terminated without 
recoupment.

	e.  Memorandum Subject:  ETP on behalf of [Applicant], dated 21 December 2016, 
from the Military Processing Operations (MILPO) that states [Applicant] extended his 
enlistment with the Kansas Army National Guard (KSARNG), contracted for a $4,000 
bonus in MOS 92G and then violated the terms of the bonus addendum when he 
applied for SWVA position.  The MILPO recommended denial of the applicant’s ETP 
request.

	f.  Memorandum, Subject: [Applicant] ARNG Extension, dated 29 August 2017, from 
[Applicant] which states the 56M position did not open up prior to the end of his contract 
so he reenlisted as a 92G.  In the two years since he changed his MOS he is now in a 
position that aligns more with his faith.  

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

	a.  He enlisted in the KSARNG on 15 April 2010.

	b.  He entered active duty for training on 21 September 2010.  Upon completion, on 
17 February 2011, he was honorably released and returned to his unit.  His DD Form 
214 (Certificate of Release or Discharge from Active Duty) shows he completed 
4 months and 27 days of net active service.

	c.  According to the DA Form 4836, on 6 April 2016, he extended his enlistment in 
the KSARNG for 2 years.
	d.  The applicant and service representative/witnessing official authenticated the 
Annex R to DD Form 4 or DA Form 4836 REB Addendum ARNG with their signature on 
6 April 2016.  This Annex shows:

		(1)  He extended his enlistment in ARNG in Duty MOS Qualified (DMOSQ) 92G 
for 2 years.

		(2)  He would receive a lump sum payment in the amount of $4,000 less taxes. 

		(3)  He understood he may be terminated from REB eligibility with recoupment if 
he voluntarily changed his REB during the contractual obligation.  The effective date of 
termination is his transfer order effective date.

	e.  On 14 December 2016, the Assistant Incentive Manager notified the applicant 
that due to voluntary transfer out of contracted position MOS, his incentive required 
termination effective 2 August 2016.

5.  On 5 April 2017, the National Guard Bureau (NGB) denied the applicant’s ETP 
request to retain the $4,000 REB.  An NGB official referenced ARNG Selected Reserve 
Incentive Programs (SRIP) Policy for Fiscal Year (FY) 16 Policy Number 016-01 and 
stated he voluntarily transferred out of the contracted MOS which violates the 
Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive 
Programs).  The State Incentive Manager will terminate the incentive with recoupment 
effective the date of transfer.

6.  ARNG SRIP Policy for FY 16 Policy Number states:

*	a receipt must reenlist/extend for 2 years
*	a recipient must reenlist/extend DMOSQ in an extend Duty Mission Occupation 
Specialty Qualified on an Modification Table Organization and Equipment 
*	is processed as a lump sum payment on the contract start date

7.  DODI 1205. 21, paragraph 6.8.3 states if entitlement to an incentive is terminated for 
moves to a non-bonus skill or unit 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.  The member must refund a prorate amount to the Government.

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 
determined that the applicant voluntarily transferred out of the contracted MOS which 
violates the Department of Defense Instruction DODI 1205.21.  Furthermore, the Board 
notes the applicant agreed on his termination.  The Board determined that the 
applicant’s request for 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.  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 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 Selected Reserve Incentive Program Policy for Fiscal Year 2016, 
Policy Number 016-01, assists leadership and personnel managers in meeting and 
sustaining ARNG readiness requirements.  The programs also provide recruiting and 
retention incentives to assist in filling critical shortages.  It states:

*	a receipt must reenlist/extend for 2 years
*	a recipient must reenlist/extend Duty Mission Occupation Specialty Qualified on 
an Modification Table Organization and Equipment 
*	is processed as a lump sum payment on the contract start date

3.  Department of Defense Instruction 1205.21 (Reserve Component Incentive 
Programs), in effect at the time, prescribes procedures, updates policy, and assigns 
responsibilities for management of the Reserve components incentive programs.  
Paragraph 6.8.3 states if entitlement to an incentive is terminated for moves to a non-
bonus skill or unit 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.  
The member must refund a prorate amount to the Government.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170013121

5

1