ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 19 April 2019 DOCKET NUMBER: AR20170013886 APPLICANT REQUESTS: notification of incentive eligibility termination be overturned. In effect she requests to retain portions of enlistment bonus previously received. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment Contract) * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 * Orders 125-052 (Discharge Orders) * Memorandum Subject: Request for Exception to Policy (ETP) Denial FACTS: 1. The applicant states: * she received a notification of incentive eligibility termination on 8 July 2016 * the notification informed her on 16 May 2011 she transferred out of her contract * she was unaware of an MOS change and how it would impact her bonus * she reports she requested to be transferred to 136th ESB to deploy * she received transfer orders on 2 June 2011 * the deployment foiled, and she remained with her unit until she was honorably discharged on 1 April 2015 * her bonus in the amount of $10,000.00 was separated into three disbursements * she received the first two disbursements without any issues * the second disbursement was received while she was assigned to new the unit, therefore she had no knowledge or indication that she would have to repay portions of the bonus she previously received * she enlisted as a Signal Support Systems Specialist (25U) and was discharged as a 25U 2. The applicant provided: * on 2 April 2009, a DD Form 4 that shows she reenlisted in the Texas Army National Guard for a period of 6 years as an E-1 * on 2 April 2009, a NGB 600-7-1-R-E which shows the applicant acknowledged and/ or agreed to the following: o upon her enlistment in the Army National Guard, she was eligible for an enlistment bonus of $10,000.00 o first bonus payment of 50% of the total authorized, less taxes, will be received after completion of IADT and award of the MOS for which she enlisted o second payment of 20% will be paid on her 36th month anniversary and the final payment of 20% will be paid on her 6th year o she enlisted into 536 Support Battalion with the MOS 25U o her bonus would be terminated with recoupment if she voluntarily transferred into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment, recoupment will be calculated from the date of transfer 4. On 2 June 2011, Orders 153-1046 show: * the applicant was released from the 536th Support Battalion and transferred to the 136th Signal Battalion, with an effective date of 16 May 2011 * she was relieved from MOS 25U and assigned MOS 25Q * assignment was due to individual’s request * her position number was not in excess * Selected Reserve Incentive Program (SRIP)- Yes and Termination - No 5. On 15 February 2012, Orders 046-1023 show: * the applicant transferred from XMAN Sys OPR-MNT Charlie Company, 136th Signal Battalion to Signal SPT System MAINT HHC 136th Signal Battalion with an effective date of 15 February 2012 * she was relieved from MOS 25Q and assigned MOS 25U * assignment was due to individual request * her position number was excess to authorized strength of the unit * SRIP- Yes and Termination- No 6. On 9 February 2013, the applicant received an Exception to Policy (ETP) from NGB showing: * the ETP to retain the $10,000.00 bonus was approved * the applicant's contract bonus addendum was incorrect * the applicant's contract bonus addendum had unauthorized pen and ink changes * a review of the DD Form 4 and DD Form 1966 support an incentive being offered at the time of agreement/contract, therefore withholding payment of incentive would be against equity and good conscience and contrary to the best interest of the Army * the MILPO should be made aware of these cases in order to provide the necessary training to those involved in the recruiting application process in order to prevent any injustice that may come to the Soldier from no fault of their own 7. On 5 May 2015, Orders 125-052 show: * the applicant was honorably discharged from the Army National Guard with an effective date of 1 April 2015 * Assignment loss code: Completion of 6 years ready reserve obligation * SRIP: No 8. On 2 March 2017, the applicant received an ETP from the NGB showing: * the request to retain $10,000.00 bonus was disapproved * the applicant voluntarily transferred out of the contract MOS which violates the Department of Defense Instruction 1205.21, paragraph 6.8.3. which violates ARNG SRIP 07-06 updated 1 March 2009 * the applicant became non-MOS qualified and later transferred back to the original MOS but was in excess * the state incentive manager terminated the incentive with recoupment effective the date of transfer out of the incentive contract MOS 9. Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007 (Policy Number 07-06, with updates effective 1 March 2009) established policy to administer ARNG incentives for the period effective 10 August 2007 through 31 March 2008 unless otherwise noted, superseded or suspended. Termination with Recoupment applies if for any reason before the fulfillment of the service described in the member's written agreement, the member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. NGR 600-7 contains the complete termination rules for each respective incentive: * 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 (i.e., death, injury. illness, or other impairment) * separates from the ARNG 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 due to normal career progression (promotion) or is required by the needs of the ARNG * fails to extend the contracted term of service for a period of authorized non-availability * accepts an Active Guard and Reserve (AGR) position or a Military Technician (Mil Tech) position where membership in the A RNG is a condition of employment, and member has served at least six months of the incentive contract term BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was warranted. Based upon the NGB notifying the applicant that her ETP to retain the bonus had been approved on 9 February 2013, and the applicant being honorably discharged from the Army National Guard with an effective date of 1 April 2015, prior to being notified on 2 March 2017, that the ETP to retain the bonus been reversed, the Board found an injustice that warranted correction. For that reason, the Board recommended allowing the applicant to retain the bonus money received and overturn the 2 March 2017 decision by the NGB to recoup such funds. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 MM: RS: AS: GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by notification of incentive eligibility termination be overturned and applicant retain portions of enlistment bonus previously received. 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) 2007 (Policy Number 07-06, with updates effective 1 March 2009) established policy to administer ARNG incentives for the period effective 10 August 2007 through 31 March 2008 unless otherwise noted, superseded or suspended. Termination with Recoupment applies if for any reason before the fulfillment of the service described in the member's written agreement, the member shall not be eligible to receive any further incentive payments, expect for payments for service performed before the termination date. NGR 600-7 contains the complete termination rules for each respective incentive: * 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 (i.e., death, injury. illness, or other impairment) * separates from the ARNG 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 due to normal career progression (promotion) or is required by the needs of the ARNG * fails to extend the contracted term of service for a period of authorized non-availability * accepts an Active Guard and Reserve (AGR) position or a Military Technician (Mil Tech) position where membership in the A RNG is a condition of employment, and member has served at least six months of the incentive contract term ABCMR Record of Proceedings (cont) AR20170013886 5 1