IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180004160 APPLICANT REQUESTS: Correction of his record to show: * reinstatement of his $15,000.00 Reenlistment Bonus (REB) * a personal hearing before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 143-806, dated 23 May 2011 * Orders Number 238-801, dated 26 August 2011 * Memorandum, Subject: Notification of Incentive Termination, dated 16 August 2012 * Memorandum, Subject: Notification of Incentive Discrepancy and Exception to Policy (ETP) Process, dated 8 May 2014 * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) 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 he was not told about the extension related to the bonus, and he was told he had to get out of the South Carolina Army National Guard (SCARNG) to further his military career. He never received notification nor was he aware of this until he received a letter from the Internal Revenue Service. 3. A review of the applicant’s official records show the following on: a. On 5 November 2001, having had prior enlisted service in the Regular Army, the applicant enlisted in the SCARNG. b. On 15 January 2006, he extended his enlistment for 6 months, changing his Expiration Term of Service (ETS) from 17 January 2006 to 17 July 2006. c. On 20 April 2006, he extended his enlistment for 6 years, changing his ETS from 17 July 2006 to 17 July 2012. In conjunction with this extension NGB Form 600-7-3-R- E (Annex R) was completed showing the following in: (1) Section 3 (Bonus Amount and Payments) item 1(c), he was extending for 6 years and he would receive a total bonus of $15,000.00. (2) Section 4 (Suspension) item 1, he understood the bonus would be suspended if he entered a period of non-availability (placement in the Inactive National Guard (ING)). Maximum reason were (1) 1 year for personal reasons; (2) 3 years for missionary obligations. (3) Section 5 (Termination) item 2, he understood the bonus would be terminated if he failed to extend his enlistment for time served in the ING within 30 days after return to his unit. Recoupment is required from the effective date of transfer to the ING, or if exceeded his maximum time in the ING. d. On 11 November 2010, DA From 4856 (Developmental Counseling Form) was completed by the unit retention Noncommissioned Officer (NCO) formally counseling the applicant on his request to be transferred to the ING. He understood at the time he could only transfer to the ING for one year for employment reasons. He was being placed in the ING effective on 1 December 2010 and must return to the unit by 1 December 2011. His ETS was listed as 17 July 2012. e. On 5 April 2011, DA Form 4856 was again completed by the unit retention NCO formally counseling the applicant on his request to be transferred to the ING. The applicant understood at the time he could only transfer to the ING for one year for employment reasons. He was being placed in the ING effective on 1 April 2011 and must return to the unit by 2 April 2012. f. On 12 April 2011, by memorandum, the applicant’s immediate commander requested the applicant be transferred to the ING for one year due to recent employment overseas. He cited the applicant’s financial difficulties since his return from Afghanistan in 2008, and he had been counseled that he could only remain in the ING for one year and at the end of that year, he must return to a drilling status or be discharged. g. On 5 May 2011, by memorandum, the Deputy Chief of Staff, Personnel, Office of the Adjutant General, SCARNG, approved the immediate commander's request to transfer the applicant to the ING. He cited the authority as National Guard Regulation (NGR) 614-1 (Inactive Army National Guard), paragraph 2-1a(3). h. On 23 May 2011, Orders Number 143-806, issued by the Office of the Adjutant General, released the applicant from his current ARNG unit and assigned him to the ING by individual request. The reason for transfer was financial hardship/accepted overseas contract, effective on 5 May 2011. The time in the ING was shown as 5 May 2011 – 17 July 2012. i. On 4 July 2012, Orders Number 186-801, issued by the Office of the Adjutant General, honorably discharged the applicant from the ARNG, effective on 17 July 2012. j. On 17 July 2012, the applicant was honorably discharged from the ARNG. NGB Form 22 (Report of Separation and Record of Service) shows in item 23 (Authority and Reason) ETS. k. On 3 October 2012, the applicant enlisted in the North Carolina ARNG (NCARNG) for a period of 6 years. 4. The applicant provides: a. Orders Number 238-801, issued by the Office of the Adjutant General, showing he was transferred from the ING to B Company, 1st Battalion, 118th Infantry Regiment in a drilling status, effective on 25 August 2011. b. Memorandum, Subject: Notification of Incentive Termination, wherein the applicant was informed by the South Carolina State incentive manager his incentive contract was being terminated by reason of failing to extend after his ING return with an effective date of 5 May 2011. The recoupment amount was $3,125.00. c. Memorandum, Subject: Notification of Incentive Discrepancy and ETP Process, wherein the applicant was informed by the NCARNG a discrepancy was discovered with his REB in the amount of $15,000.00 for exceeding his time in the ING. 5. Department of Defense Instructions (DODI) 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 6. NGR 614-1: a. Paragraph 2-1 (Soldiers Authorized to Transfer from Active Status to the ING) states Soldiers in active status may request transfer to the ING for temporary overseas or out-of-state residency for education, employment, or a missionary obligation. b. Paragraph 2-4 (Time Limits on Assignment to the ING) states Soldiers who have a remaining active status obligation and who are expected to return to active status may transfer to the ING for a period of one year or less. 7. Army Regulation (AR) 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, applicable regulations, and the facts above, the Board found that relief is not warranted. The Board noted in particular the facts in paragraph 3c above where the applicant signed the conditions for receiving and retaining the enlistment bonus of $15,000. The applicant, after several counselings, at his request transferred to the ING on effective 5 May 2011 and would have had to extend his enlistment for one year by 4 May 2012 to retain his $15,000 enlistment bonus in accordance with the agreement he signed. The applicant failed to extend his enlistment in accordance with the bonus requirements. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not required to serve the interest of equity and justice in this case. ? 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 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 3 year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each recipient of an incentive to sign a written agreement. The agreement must clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive. 3. NGR 614-1 (Inactive Army National Guard): a. Paragraph 2-1 (Soldiers Authorized to Transfer from Active Status to the ING) states Soldiers in active status may request transfer to the ING for temporary overseas or out-of-state residency for education, employment, or a missionary obligation. b. Paragraph 2-4 (Time Limits on Assignment to the ING) states Soldiers who have a remaining active status obligation and who are expected to return to active status may transfer to the ING for a period of one year or less. 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004160 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1