ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  16 April 2020

                  DOCKET NUMBER:  AR2018009689


APPLICANT REQUESTS: 

*	reinstatement of her Non-Prior Service bonus
*	in effect, repayment of monies erroneously recouped 

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	Transfer Orders
*	Amendment to her Transfer Orders

FACTS:

1.  The applicant states:

	a.  Her transfer orders were amended from individual requested transfer to transfer 
due to inactivation, reorganization, or relocation.  The orders were corrected at the unit 
level but she is requesting the error be corrected by the Board to relieve the financial 
hardship she has incurred due to the error.

	b.  The orders were created in error by her prior Readiness Noncommissioned 
Officer (NCO) and it has caused financial hardship on her because of bonus 
recoupment being garnished from her earnings.  

	c.  The transfer reasons were never an individual request of hers, but solely in the 
interest of the Army due to excess slots.  It came to her attention the code for individual 
requested transfer was the first code choice when creating the transfer.  She had never 
been attached to Bainbridge or Columbus units as it corresponds to the 1230th 
Transportation Company.  The only location she served with them was in Georgia.  

	d.  She asks the Board to review the amendment to her orders and correct her 
record to reflect the amendment.


2.  The applicant's service records contain a Non-Prior Service Enlistment Bonus 
Addendum, dated 18 February 2018, which shows:

*	she enlisted as an 88M for 6 years
*	she would receive a $10,000 bonus
*	the bonus could be terminated with recoupment if she voluntarily transferred 
out of the critical unit or military occupational specialty for which the bonus 
was approved

3.  The applicant provides, the following documents for the Board's consideration:

	a.  Orders 131-885, published by The Adjutant General, State of Georgia, dated 
11 May 2015, which shows she was transferred from her unit to another unit.  The 
assignment loss reason was individual's request.

	b.  Orders 046-132, published by the Adjutant General, State of Georgia, dated 
15 February 2018, which shows her transfer orders were amended to read assignment 
loss reason inactivation, reorganization, or relocation.  

4.  In the processing of this case, an advisory opinion was obtained on 30 March 2020, 
from the Chief, Special Actions Branch, National Guard Bureau.  The advisory official 
stated he recommended approval of the applicant's request.  The applicant's bonus was 
terminated with recoupment in error and there was a reasonable attempt by the 
Georgia, Army National Guard to fix the error.  It was the recommendation of the office 
the applicant receive full relief of the debt incurred due to the erroneous termination of 
her incentive at no fault of her own.  A copy of the complete advisory opinion has been 
provided to the Board for their review and consideration.

5.  The applicant was provided a copy of this advisory opinion on 30 March 2020, to 
provide her an opportunity to comment and/or submit a rebuttal.  She did not respond.

6.  See below for references.

BOARD DISCUSSION:

After reviewing the application, the supporting documents, the records, applicable 
regulations, the facts above, and the National Guard Bureau advisory, the Board found 
that relief is warranted as recommended in the Board Determination and 
Recommendation below.

?

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION: 

The Board determined that the evidence presented was sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
the Army records of the individual concerned be corrected by:

	a.  Void her enlistment Non-Prior Service Bonus and refund to her any debt funds 
collected for her enlistment Non-Prior Service Bonus 

	c.  Reinstate her enlistment Non-Prior Service Bonus and pay her bonus moneys 
according to the original agreement to bring the payments current


												 
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.  Army National Guard Selected Reserve Incentive Program Policy for Fiscal Year 
(FY) 2010, (Policy Number 10-01), dated 20 January 2010, states the bonus can be 
terminated with recoupment if they voluntarily transfer out of the critical skill for which 
the bonus was approved.  

2.  Department of Defense Instruction 1205.21 (Reserve Component Incentive 
Programs Procedures), states in paragraph 6.8.3 if a Soldier moves to a non-bonus skill 
or unit, unless the move is required by the Reserve component their bonus would be 
terminated.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)		AR2018009689
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