IN THE CASE OF: BOARD DATE: 13 February 2020 DOCKET NUMBER: AR20180004398 APPLICANT REQUESTS: a. retroactive entitlement to Reenlistment Bonus previously terminated b. receive back pay for money recouped APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus (REB) Addendum) dated 19 September 2012 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) dated 19 September 2012 * Memorandum for Record (MFR) – Notification of Incentive Discrepancy and Exception to Policy (ETP) Process dated 6 July 2016 * Order# 098-810 dated 8 April 2014 * Order# 068-034 dated 8 March 2016 * Order# 033-833 dated 2 February 2017 * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 14 December 2016 FACTS: 1. The applicant states : a. her Reenlistment Bonus (REB) was terminated with recoupment. Currently her drill payments are being garnished by 50%. She reenlisted in the Arkansas Army National Guard (ARNG) on 28 March 2013 with an entitlement to a REB for $7500.00 consistent with the Military Occupational Specialty (MOS) 92G. Her husband enlisted in the Active Component and was stationed at Fort Polk, LA. In 2014 she requested and executed an Interstate Transfer (IST) in order to accompany him. She retained her bonus while serving in the Louisiana ARNG as a 92G. In 2015 her husband was deployed to Honduras leaving her to care for their child in absence of additional family to support. As a result, she decided to move back to Arkansas in order to be close to family for needed support. b. Once back in Arkansas, she began speaking to her unit about the possibility of transferring back. She was advised that there was already an E-5 in the cook section and she would not have a home there as she can't retain her bonus and sit in excess. She began exploring her options and was asked to consider becoming a Behavioral Health Specialist because she qualified for it. She was also informed that the 213th Medical Company was desperate to fill their vacancy in that MOS. She transferred back to AR as a 68X. This move should have been annotated as Needs of the Government, and in 2017 order #033-833 was cut to reflect this. There is no MOS producing school for 68X so she had to repeat AlT. While she was gone, she was notified that her bonus was terminated due to the MOS change. Her roommate signed for the certified mail and she was unable to present her case before the termination was complete and DFAS was recouping her bonus. She was told by the Incentives Office that it was too late to request an Exception to Policy at that time, per NGB. She feels this to be a terrible injustice as she has done everything asked of her by the National Guard. She respectfully requests the termination be reversed and to receive all the money back that she had recouped. 2. A review of the applicant’s available service records reflects the following on: a. 28 March 2007 – she enlisted in the ARNG for 8 years (6x2 contract) as a 92W; entitled to a $20,000.00 Critical Skill Bonus (CSB) b. 19 September 2012 – she reenlisted for 6 years in the Arkansas ARNG; entitled to a $7500.00 REB as a 92G (Food Operations Specialist) c. 4 April 2014 – she voluntarily requested an IST to the Louisiana ARNG d. 8 April 2014 (Order# 098-810) – she was transferred from the Arkansas ARNG into the Louisiana ARNG; she was MOS qualified for the position (92G) e. 9 January 2016 – she voluntarily requested an IST to the Arkansas ARNG f. 8 March 2016 (Order# 068-034) – she was transferred from the Louisiana ARNG back into the Arkansas ARNG; she was not MOS qualified for the position that she was transferred into, 68X – Behavior Health Specialist g. 14 December 2016 – she completed the 68X course h. 2 February 2017 (Order# 033-833) – she was reclassified from 92G to 68X; order initiated due to unit reorganization or needs of the government 3. The applicant provides the following a: a. NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus (REB) Addendum) dated 19 September 2012 - reflective of her reenlistment for 6 years in the Arkansas ARNG as a 92G; entitlement to a $7500.00 Bonus REB due to her Critical Skill. The document states under item #4. “I must reenlist/extend Duty Military Occupational Specially Qualified (DMOSQ) and under item #15. “I obligate to serve in the same Military Department and in the same MOS for which the bonus is approved, unless excused due to unit transition deployment, reorganization, inactivation, or relocation only.” b. DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) dated 19 September 2012 – shows she reenlisted for 6 years in the Arkansas ARNG c. Memorandum for Record (MFR) – Notification of Incentive Discrepancy and Exception to Policy (ETP) Process dated 6 July 2016 – shows that the Arkansas ARNG informed her of the REB incentive discrepancy in result of her unauthorized MOS change. d. Order# 098-810 dated 8 April 2014 – shows that she transferred from the Arkansas ARNG into the Louisiana ARNG; she was MOS qualified for the position (92G) e. Order# 068-034 dated 8 March 2016- shows that she transferred from the Louisiana ARNG back into the Arkansas ARNG; she was not MOS qualified for the position that she was transferred into (68X – Behavior Health Specialist) f. Order# 033-833 dated 2 February 2017 – reflective of her being reclassified from MOS 92G to 68X 4. See all applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is not warranted. The Board noted that by order 068-034, dated 8 March 2016, the applicant voluntarily transferred from a 92G position in the Louisiana ARNG back into the Arkansas ARNG into a 68X position contrary to the REB requirements to serve 6 years in the 92G MOS. This change was voluntary on the part of the applicant and not the result of a reorganization of a unit in which she was serving in a 92G position. ? 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 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. 2. Army National Guard Selective Reserve Incentive Program (SRIP) Guidance for FY12, 5 June 20120-30 September 2012 prescribes eligibility criteria, procedures, and standards for administering the ARNG SRIP for FY12. It states the Soldier shall serve satisfactorily in the contracted Area of Concentration or Military Occupational Specialty (MOS) for the full term of the service agreement. 3. For Reenlistment/Extension Bonus (REB) in addition to the SRIP general requirements, the following rules apply: a. The Soldier must be the primary position holder, not in over-strength or excess status and in an MOS that matches the authorized military grade and skill qualification commensurate with the position for which reenlisting/extending. b. The Soldier must reenlist/extend DMOSQ in an MOS within an Modified Table of Equipment or Medical Table of Distribution and Allowances unit only, regardless of State or National assigned strength levels unless they are nonDMOSQ due to unit transition (deployment, reorganization, inactivation, or relocation) only. 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. 5. NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus (REB) Addendum) dated 25 June 2012 states under Section IV (Termination) that the incentive may be terminated with recoupment if there is a voluntary change of reenlistment/extension MOS during the contractual obligation unless assigned as an 09S Officer Candidate School (OCS) Candidate or 09R SMP Cadet. The termination date will be the date of transfer reflected on the Soldier's order. It further states that the bonus will be terminated if you transfer out of the current MOS into a nonDMOSQ MOS. Recoupment is calculated by multiplying the number of full months served during the term for which the incentive was authorized by the proportionate monthly dollar amount. The amount of the incentive that you are entitled to keep, as calculated above, will be subtracted from the total incentive paid to date. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180004398 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1