IN THE CASE OF: BOARD DATE: 19 March 2020 DOCKET NUMBER: AR20180006835 APPLICANT REQUESTS: Approval of an exception to policy for payment of the second half of her enlistment bonus. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Documents Armed Forces of the United States) * Memorandum from the National Guard Bureau (NGB), dated 23 March 2018, subject: Request for Exception to Policy for Non-Prior Service Enlistment Bonus (NPSEB) FACTS: 1. The applicant states: a. She has been trying to solve this issue for years. She is the only breadwinner of her family and this amount will make a huge difference. Due to this error, she has been through financial hardship. She has contacted all departments that she has been routed to with no results until she got the rejection letter stating that her transfer date was a few days apart from the term completion, although her recruiter was instructed not to do so until she completed the required time. b. When her recruiter (Lieutenant B.) contacted her during the process of deferring her officer school training due to a family emergency, he told her that he had to transfer her to a unit in California. She informed him how important it was not to move her prior to the completion of her Army National Guard (ARNG) term to avoid any negative outcome that could impact her bonus. He assured her that he would not, and that her transfer would not impact her bonus in any way. However, all these years she has been contacting several units and departments in order to solve this matter. Finally, they told her that her request was rejected because the transfer date was a few days off. 2. The applicant enlisted in the Michigan ARNG (MIARNG) on 19 June 2007, for a period of 8 years, for training in military occupational specialty (MOS) 09L (Translator Aide), and assignment to the MIARNG Joint Force Headquarters. 3. In connection with her enlistment, she completed Annex G to DD Form 4 (09L Translator/Interpreter Enlistment Bonus Addendum ARNG of the United States) that shows she was authorized a bonus in the amount of $20,000 as indicated on the Selected Reserve Incentive Program (SRIP). The addendum states she would receive the first payment of her bonus in an amount equal to 50 percent of the total authorized amount when she complete initial active duty for training (IADT) and applicable testing and is awarded the MOS for which she enlisted. She would receive the second and final payment of her enlistment bonus in an amount equal to 50 percent of the total authorized amount on the third year anniversary of her enlistment contract. 4. In the addendum, the applicant acknowledged she understood and agreed that she would be terminated from bonus eligibility, with recoupment, if, among other reasons: * failed to extend within 30 days of return to active status for the period served in the Inactive National Guard (ING) * exceed the maximum time in the ING; recoupment is required from the date of transfer into the ING * voluntary transfer to a non-bonus unit or non-critical skill, or fail to remain in a 09L position for the duration of the first three years of her enlistment * separate from the ARNG for any reason unless the reason is death, injury, illness or other impairment which is not the result of her own misconduct 5. Orders issued on 23 June 2007 ordered the applicant to IADT with a report date of 17 July 2007. 6. An addendum to her DD Form 4 shows that on 19 February 2009, she was approved for a voluntary interstate transfer to the California ARNG (CAARNG). 7. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows that on 16 July 2009, the applicant extended her enlistment for a period of one year. The extension changed her expiration term of service from 18 June 2009 to 18 June 2010. 8. Orders issued by the CAARNG on 23 September 2009, directed the applicant's release from assignment and transfer to the ING effective 23 September 2009. The additional instructions section of the orders contain the statement: "This constitutes removal from active status and may impact certain benefits such as Montgomery GI Bill eligibility, accumulation of retirement points, promotion eligibility, date of rank and bonus eligibility." The orders do not indicate the reason for her transfer to the ING. 9. Orders issued by the CAARNG on 4 June 2010, directed the applicant's discharge from the ARNG and assignment to the U.S. Army Reserve (USAR) Control Group (Annual Training) effective 18 June 2010. The orders contain the statement: "Soldier relieved from ING at time of discharge." 10. Orders issued by the 63rd Regional Support Command, Mountain View, California, on 17 November 2015, discharged the applicant from the USAR. 11. In a memorandum issued by the NGB on 23 March 2018, subject: Request for Exception to Policy for NPSEB, the NGB denied the applicant's request for an exception to policy to retain the $20,000 NPSEB. The NGB stated the reason for the denial was the applicant's failure to extend for the period of non-availability and that she was discharged while in ING status, which violates Department of Defense Instruction (DODI) paragraph 6.7.2. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. There is insufficient evidence that the applicant completed the requirements to receive the full payment of her NPSEB for Military Occupational Specialty (MOS) 09L, Translator/Interpreter. The applicant’s NPSEB was terminated on 23 September 2009 for the applicant’s failure to finish her three year commitment of active drilling. She enlisted in the MIARNG on 19 June 2007 and transferred to the inactive National Guard on 23 September 2009. Her addendum states that “Recoupment is required from the date of transfer into the ING.” BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XX :XX :XX 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. DODI 1205.21, paragraph 6.7.2, provides that members of the Selected Reserve may incur a period of authorized non-availability for up to 1 year for valid personal reasons as determined by the Secretary concerned. These persons shall be assigned to the Individual Ready Reserve or the ING, as appropriate, during the period of non- availability, and shall be suspended from their incentive. During the period of non- availability, the member shall not be entitled to subsequent payments or any other incentive available to members of the Ready Reserve not in the Selected Reserve. If, within 1 year, members are subsequently reassigned to a Selected Reserve skill or unit type that they had previously contracted for, members may be reinstated in the incentives program if they extend their term of service, or contract for service, so as to be able to serve the full original incentive contract period. Entitlement to subsequent payments shall resume on the adjusted anniversary date of satisfactory creditable Selected Reserve service. The date shall be adjusted for that period of non-availability. Failure to meet reinstatement criteria in a capacity for which previously contracted shall result in termination of the incentive and recoupment, as appropriate. 2. Army Regulation 135-7 (ARNG and Army Reserve - Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the Army Reserve incentive programs. Paragraph 1-15 contains guidance on suspension of SRIP incentives and states the member will be suspended from the incentive program during authorized periods of non-availability, which includes transfer to the ING. 3. Army Regulation 135-7, paragraph 1-16, provides guidance for reinstatement of SRIP incentives. It states reinstatement in the SRIP and resumption of subsequent incentive payments following a period of authorized non-availability is not guaranteed. Soldiers who complete a period of non-availability and request reinstatement of eligibility for the SRIP and resumption of subsequent payments must extend their enlistment or reenlistment agreement within 30 days in order to serve out the full incentive contract period. A Soldier who does not comply with all of the requirements will be subject to termination of SRIP with recoupment action required. A Soldier who complies with all of the requirements will have entitlement to payments resume on the adjusted anniversary date of satisfactory creditable Selected Reserve service. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180006835 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1