IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20180010617 APPLICANT REQUESTS: An official with the California Army National Guard (CAARNG), requested the Army Board for Correction of Military Records (ABCMR) readdress the final determination regarding the decision of ABCMR Docket Number AR20170009713, dated 13 July 2017, specifically, the non-prior service enlistment bonus (NPSEB) and officer accessions bonus (OAB) that was not addressed for board determination. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Three DD Forms 4 (Enlistment/Reenlistment Document) * Three Bonus Addendums * Orders, Joint Force Headquarters (JFH), CAARNG (13) * Two CAARNG ITF Bonus Audits with supporting documents * Memorandum, CAARNG Incentive Task Force (ITF), Incentive Issue Notification * DD Forms 139 (Pay Adjustment Authorization) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * National Guard Bureau (NGB) Form 22 (National Guard Report of Separation and Record of Service) FACTS: 28. Standard of Review. When arriving at its findings and making its determinations, the Board shall evaluate the evidence in light most favorable to the Soldier. 29. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20170009710 on 13 July 2017. a. At the time of the decision of the ABCMR it was the intent of the ABCMR to comply with NDAA FY 2017, Section 617(c) and the Secretary of the Army Memorandum dated 4 January 2017, to determine if the applicant was eligible for the incentive contract(s) or eligible for the payment(s) received, and if the full length of time tied to the contractual obligation was served; and if waiver of recoupment is warranted, unless the Board makes an affirmative determination, by a preponderance of evidence, that the applicant knew or reasonably knew if they were ineligible for incentive pay received. b. At the time AR20170009710 was received the case contained evidence regarding recoupment actions for two reenlistment/extension bonuses and the Student Loan Repayment Program (SLRP) payments. However, an analyst in ABCMR addressed only the SLRP based on the advisory opinion received by the National Guard Bureau. The Board determined the evidence presented was sufficient to warrant partial waiver of recoupment for satisfactory time served from 11 March 2008 to 11 March 2014 and was entitled to that portion of the SLRP. 30. On 12 March 1998, having previously served in the U.S. Army Reserve, the applicant reenlisted in the CAARNG for a period of 8 years. His records provide the following orders. a. On 9 November 1998, U.S. Army Signal Center and Fort Gordon published orders awarding him military occupational specialty (MOS) 31C (Radio Operator- Maintainer). b. On 2 October 2001, the State of California (CA), Office of the Adjutant General (TAG) [published orders withdrawing MOS 11B (Infantryman) and awarded MOS 11M (Mechanized Infantryman). 31. On 2 February 2004, he reenlisted/extended for a period of 3 years. His Oath of Extension of Enlistment or Reenlistment shows he was assigned to UIC WV59CO. The form does not contain a block to enter an MOS, however, it shows in handwriting "31C/L56." It is also void of a block to enter bonus information, but it shows "2500 R0401-22CA" in handwriting. In conjunction with his reenlistment/extension he executed a reenlistment/extension bonus addendum in the amount of $2,500 for an initial 3 year reenlistment/extension. The first payment of $1,250 was to be processed on the date of reenlistment or extension and the subsequent payment was to be processed upon completion of his 3-years of service. b. His new expiration term of service (ETS) was established as 11 March 2007. External to the 3-year service requirement, the addendum is void of information indicating any other type of requirements or conditions required to be eligible for the incentive. c. Both the applicant and a state official signed the addendum with bonus control number (BCN) R040122OA. 32. On 22 September 2004, is support of MOS Conversion of 31 series to 25 series, JFH-CAARNG published orders withdrawing MOS 31 and awarded MOS 25C (Radio Operator-Maintainer). 33. On 30 October 2006, JFH-CAARNG published orders transferring the applicant to UIC V57T0, in duty MOS 25Q (Multi-channel Transmission Systems Operator- Maintainer). His orders do not contain an assignment/loss reason code that indicates if the transfer was voluntary or involuntary. On 8 November 2006 orders were published attaching him to UIC V57C0 for administration, training and pay purposes. 31. On 10 February 2007, he reenlisted/extended his enlistment for a period of 1-year, establishing a new ETS of 11 March 2008. On 12 February 2007 he was relieved from his attached to UIC V57C0 and assigned back to UIC V57T0. 32. On 9 February 2008, he reenlisted/extended for a period of 6 years. His Oath of Extension of Enlistment or Reenlistment shows he was assigned to UIC V57T0. The form does not contain a block to enter an MOS. In conjunction with his reenlistment/extension he executed a bonus addendum showing the CAARNG offered him in an incentive in the amount of $15,000 for a 6-year reenlistment/extension in the NGB approved critical UIC/skill of "V57T0" [UIC]. a. The payment was to be processed in a lump sum on the date his reenlistment/extension contract was to take effect (1 day after his current ETS). He understood: (1) That if, due to transformation/reorganization, he was to become non-duty MOS qualified before his current ETS, the initial payment would not be processed until he becomes duty MOS qualified. (2) He would be terminated from bonus eligibility without recoupment if he accepted a Title 10 or Title 32 Active Guard tour on the effective date of his orders have served at least 6 months of the incentive contract term. (3) He would be terminated from bonus eligibility with recoupment if he accepted a Title 10 or Title 32 Active Guard tour prior to serving at least 6 months of the incentive contract term or did not become qualified in or awarded as primary the MOS required for his position within 36 months of transfer due to a command directed unit inactivation, reorganization, or relocation. Recoupment would be calculated from the date of transfer. b. External to the 6-year service requirement and identified critical UIC, the addendum is void of information indicating any other type of requirements or conditions required to be eligible for the incentive, to include an MOS. c. Both the applicant and a state official signed the addendum with bonus control number (BCN) R08020023CA. 33. On 12 May 2009, JFH-CAARNG published orders transferring the applicant to UIC PZ7C0, in duty MOS 25C. . On 26 May 2009 he was attached to UIC V57T0 for administration, training and pay purposes. 34. On 23 August 2010 he was relieved from the attachment and released back to UIC PZ7C0. On 26 August 2010 JFH-CAARNG published orders transfer he to UIC V57T0 in duty MOS 88N (Transportation Management Coordinator). His orders do not contain an assignment/loss reason code that indicates if the transfer was voluntary or involuntary. 34. On 15 February 2012 he was ordered to full-time National Guard duty in an Active Guard/Reserve status for a period of 3 years. His orders show his primary MOS as 25Q and that he was assigned to MOS 25U (Signal Support NCO) with a note that continuation in the AGR program was contingent upon MOS 25U qualification NL 15 February 2013. 35. On 5 March 2012 the CAARNG ITF conducted two reenlistment/extension bonus audits and provides i Documents from Information Management and Reporting Center (iMARC), the system utilized at the time by state officials to manage incentives and bonuses that provides details for contract dates: a. 2 February 2004 in the amount of $2,500. It states the applicant was fully eligible to contract but not fully eligible for payment. He lost eligibility on 30 October 2006 when he transferred to a non-duty MOS qualified position in UIC [V57T0], MOS 25Q. He failed to become qualified in 24 months. He transferred back to MOS 25C position on 12 May 2009. He served 31 months of satisfactory service. A Bonus Payment History report shows he was paid $1,250 on 24 March 2004 and a second payment in the amount of $1,250 was processed, 3-years later, on 21 March 2007. b. 9 February 2008 in the amount of $15,000. It states, the applicant was not eligible to contract or receive payment; he was not duty MOS qualified. He transferred MOS qualified position on 12 May 2009. c. 2) An iMARC Selective Reserve Incentive Program (SRIP) history shows that was the state incentive manager who verified and authorized his incentive eligibility both the bonuses he contracted for and approved the processing of the payments he received. 36. Memorandum, Headquarters, CAARNG, subject: Completed Incentive Eligibility Audit, dated 22 June 2012 shows the CAARNG reviewed his reenlistment/extension bonus incentives and determined (as it pertains to this record of proceedings) his NPSEB and 6-year reenlistment/extension bonus [OAB?] were made in violation of law, policy, and guidance. 37. On 25 October 2012 the CAARNG ITF submitted a charge for his REB [reenlistment/extension bonus] in the amount of $347.23 which appears to be applicable to his reenlistment/extension contract date 2 February 2004. The reason for adjustment indicates the applicant transferred into invalid position 25Q in UIC V57T0. Neither the CAARNG nor the NGB provide additional DD Forms 139 for the reenlistment/extension bonus in the amount of $15,000. 38. His records provide the applicant extended a fourth time on 23 May 2013. JFH- CAARNG published orders showing on 24 February 2014 he was awarded primary MOS 25U. MOS 25Q (secondary) and MOS 25C (alternate). On 10 August 2018 he was honorably discharged for enlistment in another component. He served satisfactorily in the CAARNG for 20 years, 3 months and 29 days. On 11 July 2018, he enlisted in the U.S. Army Reserve for a period of 6 years. 39. On 12 September 2018, an official with the National Guard Bureau provided an advisory and recommended waiving ineligibility for both reenlistment/extension contract and granting the applicant full relief from recoupment. a. The applicant was eligible to contract on 2 February 2004 for his incentive in the amount of 2,500; however, he lost eligibility according to his written bonus addendum when he transferred to a duty position he was not duty MOS qualified for. Additionally it was determined the applicant was not duty MOS qualified in MOS 25Q when he contracted on 9 February 2008 for an incentive in the amount of $15,000. He did not become MOS 25Q qualified until 3 February 2011. b. The case was evaluated in the most favorable light and in the spirit of NDAA FY 17; although he transferred out of his designated MOS, he served 31 out of the 36 months and he eventually qualified in the MOS 25Q he contracted for. He served the full term of both contracts in good faith. 40. On 14 September 2018 the applicant was provided a copy of the advisory opinion and afforded the opportunity to submit a rebuttal and did not respond. 41. Contract Eligibility. Based on the available evidence the applicant was eligible to reenlist/extend on 2 February 2004 and 9 February 2008. 42. Incentive Eligibility. a. The applicant was eligible to receive the incentive payments received in the amount of $2,500. Based on the available evidence his incentives were improperly recouped. (1) The reenlistment/extension contracts and associated addendums provide eligibility requirements specific to contractual years and/or unit of assignment. Neither of the contracts or addendums indicate the applicant must be MOS qualified in a specific position in order to be eligible for the incentive payments received. His record contains a multitude of transfers, attachments and relief from assignment throughout his career and neither of them contain an assignment/loss reason code that allows ABCMR to provide whether if the transfer were voluntary, involuntary or due to the "accountability" shuffle of soldiers during contingency operations in support of the global war on terrorism. (2) The NGB recommends a waiver of ineligibility and that the applicant receive full relief from recoupment for incentives received for reenlistment/extension contracts. 43. Length of Service Relative to the Incentive(s). The applicant successfully completed the full term required for both reenlistment/extension contracts. He honorably served over 20 years in the CAARNG and currently continues to serve in the U.S. Army Reserve. BOARD DISCUSSION: The Board considered the request, supporting documents and evidence in the records. The Board considered the applicant’s contract documents, record of payments and action to recoup a portion of those incentives. The Board considered the previous consideration by the Special Review Board the review and recommendation by the NGB advising official. The Board is unable to determine that the applicant knew or reasonably should have known that he was ineligible to all of the incentive pay received. The Board's conclusion in this regard is based on the contracts and bonus addendums in question being void of MOS qualification requirements for eligibility to receive the incentives contracted for through no fault of the applicant. Based on a preponderance of evidence, the Board determined that the recoupment of the applicant’s incentives was unjust. 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 full relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. Showing a request for waiver of recoupment has been approved and he is eligible to retain the full amount of the reenlistment/extension incentives he contracted for on 2 February 2004 in the amount of $2,500 and on 9 February 2008 in the amount of $15,000; and b. Reimbursing the applicant any previously recouped monies for these portions of his incentives debt. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180010617 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS Supplemental Record of Proceedings 1