IN THE CASE OF: BOARD DATE: 6 February 2020 DOCKET NUMBER: AR20180002753 APPLICANT REQUESTS: relief from Reenlistment/Extension bonus recoupment. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Strength Maintenance Management System (SMMS) screenshot * Memorandum for Record (MFR) – Notification of Incentive Recoupment and Exception to Policy Process dated 27 July 2017 * MFR - Acknowledgement of Incentive Recoupment and Exception to Policy (ETP) Process * MFR – ETP for Administrative Correction dated 5 September 2017 * MFR – Request for ETP for Reenlistment/Extension Bonus dated 22 November 2017 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum) * MFR – ETP Request/Financial Hardship dated 17 January 2018 FACTS: 1. The applicant states that his bonus contract was reviewed three times. The first two times that it was reviewed, there was no recoupment; however seven years later; it was reviewed again and the determination was made to recoup the bonus. He contests that this action was unjust and has created a financial hardship for him. While he was serving as an M-Day Soldier in the Army National Guard (ARNG) he signed a 6 year enlistment extension contract however 4 months into the contract, he was assessed into the Active Guard Reserve Program (AGR). He knew at the time that this action would result in a requirement to pay back the previous bonus entitlement, so he placed money aside to do so. He was advised on 2 different occasions, during a 2 year period, that the extension contract would be terminated without recoupment – so he spent the money. 2. A review of the applicant’s available service records reflects the following on: a. 18 Jan 1990 – he enlisted in the Army National Guard (ARNG) b. 28 February 2009 – he reenlisted for 6 years; entitled to a $15,000 bonus based upon his approved critical skill (13M) c. 14 May 2010 (Order# 134-800) – he was assessed into the AGR program effective 18 May 2010 3. The applicant provides the following a: a. Strength Maintenance Management System (SMMS) screenshot – reflective of a contract being established on 5 March 2009, reviewed for termination on 5 July 2012, termination 2nd review on 17 October 2012, submitted for NGB termination review on 22 February 2013. b. Memorandum for Record (MFR) – Notification of Incentive Recoupment and Exception to Policy Process dated 27 July 2017 – reflective of a Reenlistment Bonus recoupment in the amount of $9,166.67; reason: Accepting an AGR position 4 months into the reenlistment contract effective 18 May 2010. c. MFR - Acknowledgement of Incentive Recoupment and Exception to Policy (ETP) Process – document is blank. d. MFR – ETP for Administrative Correction dated 5 September 2017 – reflective of his contention with the bonus recoupment due to an administrative error. e. MFR – Request for ETP for Reenlistment/Extension Bonus dated 22 November 2017 – reflective of the ARNG Bureau denying his request for an ETP due to his violation of Department of Defense Instruction 1205.21, paragraph 6.9.3 – Accepting an AGR or Military Technician Position; recoupment ordered effective the date of his AGR accession. f. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) dated 28 February 2009 – reflective of his reenlistment for 6 years. g. NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum) dated 28 February 2009 – reflective of his entitlement to a $15,000 reenlistment bonus. h. MFR – ETP Request/Financial Hardship dated 17 January 2018 – reflective of his request for an ETP based on financial restraints based on his current obligations to provide support for his children in college, wife’s cancer treatment and care being provided to his brothers child. 4. See all applicable regulatory guidance below under 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, his contract and bonus addendum with his initials, the conditions of his contract, his acceptance of an AGR position, multiple reviews for termination of his bonus and his request for an ETP based on financial restraints. The Board found that the applicant was aware of the consequences resulting from his acceptance of an AGR position; he accepted orders to active duty within 4 months of his prior ETS. Based on a preponderance of evidence, the Board determined that the recoupment of the applicant’s bonus was 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 : : : 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. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) states that if entitlement to an incentive is terminated for any reason 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, except for payments for service performed before the termination date. Unless granted relief, the member must refund a prorata amount to the Government, if such termination is for failing 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 or Separates from the Selected Reserve for any reason (including enlistment or voluntary order to active duty in the active forces). Recoupment is not required when accepting an Active Guard and Reserve position or a Military Technician position where membership in a Reserve component is a condition of employment, and member has served at least 6 months of the incentive contract following receipt of the initial incentive payment. 2. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. 3. NGR 600-7 (Selected Reserve Incentive Programs) states that: a. Termination without Recoupment : Terminate entitlement and eligibility for the Reenlistment Bonus when the Soldier – * becomes a participant in SMP/ROTC advanced course * receives an ROTC Scholarship * accepts a commission * accepts a position as a military technician (includes temporary technician over 179 days and indefinite technician) where membership is a condition of employment effective on the date of employment. If the soldier has served at least 6 months of the incentive contract following the date of bonus payment eligibility, termination will be without recoupment * accepts an AGR position on Title 10 or Title 32 effective on the date of entry on AGR status. Soldier must have served at least 6 months of the incentive contract following the date of bonus payment eligibility. If the Soldier has served at least 6 months of the incentive contract following the date of bonus payment eligibility, termination will be without recoupment b. Termination with Recoupment: Terminate entitlement and eligibility for the Reenlistment Bonus when the Soldier: * becomes an unsatisfactory participant * voluntarily transfers to a non bonus unit * fails to extend for the period served * exceeds the maximum period for assignment in the ING * separates from the ARNG and enters active duty in an armed service * Soldier accepts a position as a military technician (includes temporary technician over 179 days and indefinite technician) where membership is a condition of employment effective on the date of employment. Soldier has served less than six months of the incentive contract following the date of bonus payment eligibility; termination will be with recoupment * accepts an AGR position on Title 10 or Title 32 effective to the date of entry on AGR status. Soldier has served less than six months of the incentive contract following the date of bonus payment eligibility; termination will be with recoupment 4. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, section 4837 when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180002753 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1