IN THE CASE OF: BOARD DATE: 14 August 2020 DOCKET NUMBER: AR20180009503 APPLICANT REQUESTS: retain $10,000.00 Reenlistment Bonus (REB). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders dated 18 September 2013 * Permanent Orders 318-2859 dated 14 November 2013 * Order# dated 5 August 2014 * Order# dated 17 September 2014 FACTS: 1. The applicant states that he was command directed to move into a new duty position which changed his military occupational specialty (MOS). A transfer order associated with this move was not issued. He has faithfully served as an instructor while performing the duties of an Infantryman. The duty position change was reasonably beyond his control as a Title 10 Active Duty Operational Support (ADOS) Soldier serving outside of his state. He contests that he was never made aware of the recoupment until August 2017 due to his deployment and activation as an ADOS Soldier. He immediately began researching how to rectify the matter. 2. A review of the applicant’s available service records reflects the following: a. On 16 January 2008 he enlisted in the South Carolina Army National Guard (SCARNG) for 8 years in MOS 19D (Cavalry Scout) resulting in entitlement to an Enlistment Bonus and Montgomery GI Bill. b. On 2 July 2008 (Order 184-876) he was awarded MOS 19D effective 12 June 2006. c. On 14 April 2009 (Order 104-167) he was mobilized for a period not to exceed 400 days in support of Operation Iraqi Freedom (OIF) as a 19D. d. On 20 June 2010 (Order 171-814) he was released from 1055th Transportation Company and transferred to Headquarters and Headquarters Company (HHC), 1st Battalion, 118th Infantry, as a 19D effective 12 July 2010; Reason – Individual request. e. On 7 July 2011 (Order 188-821) he was released from HHC 1st Battalion 118th Infantry and transferred to HHC 4th Battalion 118th Infantry as an 11B (Infantryman); Reason – Mobilization of Individuals. f. On 19 August 2011 (Order 231-813) he was awarded 11B as his primary MOS and 19D as his secondary MOS effective 16 August 2011. g. On 9 December 2011 (Order 343-229), he was mobilized in support of Operation Enduring Freedom (OEF) as an 11B. h. On 7 May 2013 he extended his current enlistment for 6 years as an 11B. As an incentive for this extension he was entitled to a $10,000.00 Reenlistment/Extension Bonus (REB). Under section VI (Termination) 1.(b) it provides acknowledgment of understanding that bonus termination with recoupment would occur if the applicant voluntarily changed his REB MOS during the contractual obligation. i. On 21 August 2013 (Order 233-825) he was awarded MOS 11B28 as his primary MOS, effective 19 July 2013; MOS 11B20 was withdrawn. j. On 5 August 2014 (Order 217-801) he was promoted to the rank of Staff Sergeant (SSG) / E-6 effective 16 July 2014; primary MOS indicates 11B38 with a Secondary MOS of 19D38. k. On 4 September 2014 (Order 247-883) he was reclassified into his secondary MOS of 19D38. l. On 17 September 2014 (Order# NG14-260-005) he was placed on Title 10 ADOS orders under the provisions of United States Code (U.S.C.) 12301 (d.) Section 142 from 1 October 2014 to 30 September 2015 for the purpose of providing operational support of the Bradley Training Assessment Course. m. On 11 September 2015 (Order# NG-5254-00002) he was placed on Title 10 ADOS orders under the provisions of United States Code (U.S.C.) 12301 (d.) Section 142 from 1 October 2015 to 30 September 2016 for the purpose of providing operational support as an ABRAMS Training Assessment Course Instructor. n. On 3 October 2016 he was notified that his entitlement to the REB was being terminated with a required recoupment of $9,027.78 due to an unauthorized MOS change effective 4 September 2014. o. On 24 September 2019 his enlistment was extended for 3 years. 3. The applicant provides the following: a. Orders NG13-261-017, dated 18 September 2013, reflective of him being ordered to active duty under the provisions of United States Code (U.S.C.) 12301 (d.) Section 142 from 1 October 2013 through 30 September 2014 to serve as an Instructor. b. Permanent Orders 318-2859, dated 14 November 2013, reflective of him being awarded the Parachutist Badge resulting in the Additional Skill Identifier (ASI) “2P” being added to his primary MOS. c. Orders 217-801 dated 5 August 2014 see 2j. above. d. Orders NG14-260-005 dated 17 September 2014 – see 2k. above. 4. On 17 June 2020, the Chief, Special Actions Branch, National Guard Bureau (NGB), recommended partial approval of the applicant’s request. According to the letter dated 24 April 17 provided by the SCARNG Incentives Manager, the applicant’s bonus was terminated with recoupment on 5 August 2014 due to an unauthorized MOS change. The applicant was promoted with an effective date of 16 July 2014 to the rank of SSG by the SCARNG. As a result of this promotion, the applicant was awarded the primary MOS of 11B38 and a secondary MOS of 19D38. The applicant’s duty MOS indicates 19D30D3. According to the SCARNG, the applicant voluntarily accepted a promotion in his secondary MOS and was counseled on the impact of his bonus eligibility if he accepted the promotion. However, no clear documentation was provided to indicate that he had been properly counseled, and the promotion order supports that his promotion was tied to his primary MOS of 11B for which he contracted. Despite the voluntary duty MOS change, it is their recommendation that the applicant not be penalized for career progression. 5. On 23 June 2020 the applicant was provided with a copy of the advisory opinion and provided 15 days to provide comments. As of 9 July 2020 the applicant had not responded. 6. See applicable regulatory guidance below under REFERENCES. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. The Board concurred with the NGB advisory opinion in part, but further determined that, given that the applicant became ineligible to retain the bonus due to career progression, he should receive full relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing an exception to policy was approved authorizing him to retain the Reenlistment/Extension Bonus he contracted for on 7 May 2013 and return to him any monies that have been recouped. 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 (Reserve Component Incentive Programs Procedures) prescribes procedures for incentive programs. Section 6.2 (Written Agreements) states, in part, as a condition of the receipt of an incentive covered by this instruction, each recipient shall be required to sign a written agreement stating the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. Paragraph E5.1.1.7 states the applicant must hold the military grade and skill qualification commensurate with the vacancy. 2. ARNG Selected Reserve Incentive Programs (SRIP) Policy for FY 13, Effective 1 January 2013 through 30 September 2013 (Policy# 13-01) provides the following qualifications for the Reenlistment Bonus: a. The Soldier must be the primary position holder, not in an over-strength or excess status in an MOS that matches the authorized military grade and skill qualification commensurate with the position for which reenlisting/extending in order to establish the CS requirements on the contract start date. b. The Soldier must be duty MOS qualified. c. The Soldier must be in a pay grade of E-7 or below on both contract signature and start date. 3. Under the above cited reference it provides that a Soldier may continue to receive the REB if their MOS is changed due to a unit transition, or who is inactivated, relocated, reorganized, or converted, may continue to receive incentives provided the Soldier meets all other eligibility criteria, becomes DMOSQ within 24 months, and is not separated from the SELRES. a. Termination with recoupment is required if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the Soldiers written agreement addendum, the Soldier 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 prorate amount to the government if a Soldier voluntarily changing his or her CS MOS during the contractual obligation unless the Soldier failing to serve in the contracted CS AOC/MOS for the entire length of the incentive agreement is due to an authorized change of MOS for normal career progression. The termination date will be the date of transfer reflected on the Soldier's order. b. Termination without Recoupment – If entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the SM's written agreement/addendum, the SM shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date. 4. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program) paragraph 10-5 (Continued Receipt of Incentives) provides that a Soldier may be eligible for continued receipt of incentives for normal career progression as noted in DA PAM 611-21. MOS 19D is not an MOS listed under the provided career map of an 11B. 5. AR 600-4 (Remission or Cancellation of Indebtedness) states indebtedness to the U.S. Army may not be remitted or cancelled when a debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180009503 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1