ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE: 21 June 2019 DOCKET NUMBER: AR20170015909

APPLICANT REQUESTS: in effect, reversal of the decision by the National Guard Bureau (NGB) to deny his exception to policy (ETP) request to retain the Non-Prior Service Enlistment Bonus (NPSEB) incentive.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* Memorandum, subject:  Request for ETP for NPSEB, dated 17 February 2016
* Memorandum, subject: Second Review Request for ETP for NPSEB (This ETP supersedes the ETP request dated 17 February 2016), dated 12 April 2016
* NGB Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document) (NPSEB Addendum)
* Three Leave and Earnings Statement (LES)
   * E-mail Communication FACTS:
1. The applicant states:

   a. He was transferred on 20 November 2014 due to a statewide vacancy announcement. On 17 February 2016, NGB issued a memorandum approving his ETP for a $5,000 NPSEB. On 12 April 2016, NGB issued a second memorandum disapproving the ETP for a $5,000 NPSEB.

   b. He received a LES on 7 June 2017 with a debt balance of $1,111.11.  He received notice on 11 September 2017 that his next LES would post an $811.43 deduction due to the debt. He contacted his company representative and was advised the Army Review Boards Agency was his only avenue of relief. He does not understand the two separate memorandums from NGB and he has not received any further correspondence from NGB.

   c. He adds that in addition to stopping the recoupment, he would like to retain his bonus due to Army Regulation (AR) 610-210 (Regular Army and Reserve Components Enlistment Program) which states a Soldier may be eligible to continued receipt of
   a. 

incentives for normal career progression as a logical route for advancement within a career management field for maximum development of the individual’s skills. It is reasonable to claim a statewide vacancy announcement of the same military occupational specialty (MOS) at the next higher grade, assigned to a unit which specializes in the MOS field to be natural progression.

2. The applicant provides:

   a. Memorandum, subject: Request for ETP for NPSEB, dated 17 February 2016, wherein the NGB approved the applicant’s request to retain the $5,000 NPSEB. The memorandum states that the applicant transferred due to career progression and remained in the contracted MOS. He accepted an offer in good faith and has otherwise fulfilled the obligations under the contract as of the date of the request. Therefore, withholding payment of his incentive would be against equity, good conscience, and contrary to the best interest of the Army.

   b. Memorandum, subject: Second Review Request for ETP for NPSEB (This ETP supersedes the ETP request dated 17 February 2016), dated 12 April 2016, wherein the NGB disapproved the applicant’s request to retain the $5,000 NPSEB. The memorandum states he did not serve in the unit identification code (UIC) for which contracted which violates Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 12-01.  The applicant voluntarily transferred out of the contracted UIC.

   c. Three LES’s, dated 2 June 2017, 7 June 2017, and 15 September 2017, which show, in pertinent part, the debt amounts related to the recoupment of his NPSEB.

   d. E-mail communication, dated 13 September 2017, which shows the applicant’s unit representative recommended he file an application with the Army Board for Correction of Military Records.

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

   a. He enlisted in the Missouri ARNG (MOARNG) on 11 September 2012.

   b. In connection with his enlistment, he signed NGB Form 600-7-1-R-E. This addendum shows he enlisted in critical skill (CS) MOS 35F for 6 years for $5,000 in UIC WPN7T0. He acknowledged his incentive would be terminated with recoupment if he voluntarily transferred within the state or interstate for reasons other than those covered under AR 601-210.

   c. Orders 158-007, dated 7 June 2014, issued by Headquarters MOARNG transferred the applicant per his request from WPN7T0 to WQBMAA, effective 29 May 2014.
   a. 

   d. He served in Kuwait from 29 June 2017 to 8 January 2018, in Jordan from 8 January 2018 to 12 January 2018 and in Kuwait again from 12 January 2018 to 7 March 2018.

e. He was honorably discharged from the MOARNG on 10 September 2018.

4. By policy memorandum, a Soldier who voluntarily changes their CS MOS during the contractual obligation will have their incentive terminated with recoupment. The termination date will be the date of transfer reflected on the Soldier’s order.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found relief was warranted. The applicant’s contentions were carefully considered. Based upon the preponderance of evidence, the Board agreed to grant relief in the form of cancelling the debt in the amount of $1,111.11, and reimburse him any money recouped.
However, the Board also agreed that he should not receive the entire $5,000 incentive. BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
X
X
X
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by cancelling his debt of $1,111.11 NPSEB debt, and reimbursing him any payments already recouped.

2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to allowing him to retain the entire $5,000 NPSEB incentive.

6/25/2019







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.


REFERENCE:

Army National Guard Selective Reserve Incentives Program (SRIP) Policy for Fiscal Year 2012, 5 June 2012 – 30 September 2012 (Policy Number 12-01, Update 1), states, in part that a Soldier who voluntarily changes their CS MOS during the contractual obligation will have their incentive terminated with recoupment. The termination date will be the date of transfer reflected on the Soldier’s order.

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