ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 25 February 2020 DOCKET NUMBER: AR20180010618 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) * DD Form 1966 (Record of Military Processing) * DD Form 4 (Enlistment/Reenlistment Document) * NPSEB Addendum * Two copies of orders (transfer and appointment) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Two CAARNG ITF Bonus Audits * Memorandum, CAARNG ITF Incentive Issue Notification * Two DD Forms 139 (Pay Adjustment Authorization) FACTS: 20. 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. 21. 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 AR20170009713 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, 1 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 AR20170009713 was received the case contained evidence regarding recoupment actions for the non-prior service enlistment bonus (NPSEB), officer accessions bonus (OAB), reenlistment/extension bonus and Student Loan Repayment Program (SLRP) payments. However, an analyst in ABCMR addressed only the reenlistment/extension bonus and 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 during his contractual obligation by correction the record to show he served satisfactorily from 20 April 2007 to 18 August 2007 and was entitled to that portion of his reenlistment/extension bonus and waiving the SLRP ineligibility and overpayment. 23. On 20 April 2001, the applicant enlisted in the CAARNG for a period of 6-years. In conjunction with his enlistment he was offered an NPSEB in the amount of $8,000 to enlist in a bonus unit and critical skill in military occupational specialty (MOS) 11B. The addendum is void of the required bonus control number (BCN) and shows: a. He was to receive the first 50 percent of the authorized amount upon completion of high school and initial active duty training (IADT). The second payment of 50 percent was to be proceed upon satisfactory completion of the fourth anniversary of his enlistment. b. He understood he would be terminated from bonus eligibility, without recoupment, he accepted a commission as an officer or an appointment as a warrant officer. c. He understood that he would be terminated from bonus eligibility, with recoupment for reasons to include voluntary transfer to a non-critical skill and non- bonus unit. Recoupment would be effective the date of transfer. 24. On 4 October 2002 he completed IADT and was awarded MOS 11B. 25. On 15 February 2005, Joint Forces Headquarters' (JFH), CAARNG published orders transferring the applicant from Company C, 1/184th Infantry Battalion, MOS 11B to JFH, CAARNG as an armorer in duty MOS 92Y (Supply Specialist). The assignment reason code shows as not applicable. The orders are void of the required information indicating if the transfer was voluntary or involuntary. 26. A DD Form 214 shows he was called to active duty. On 9 December 2005 he was attached to 1st Cadet Company for administrative control to attend Officer Candidate School (OCS) and promoted to staff sergeant (E6/SSG). On 30 September 2006 he was Released from Active Duty. He served 1 year, 6 months, and 2 days of net active service this period. 27. On 17 August he was discharged from the CAARNG as an enlisted member and on 18 August 2007 he was appointed into the CAARNG as second lieutenant (O1/2LT). 28. On 26 November 2008 he successfully completed Basic Officer Leader Course. 29. On 23 April 2012 the CAARNG Incentives Task Force (ITF) conducted an audit on the applicants NPSEB in the amount of $8,000 and OAB in the amount of $10,000. The audits provide: a. The applicant was fully eligible to contract for the NPSEB, however he lost bonus eligibility when he transferred to [JFH, CAARNG], MOS 92Y. The applicant never became duty MOS qualified in MOS 92Y and it is not authorized in a TDA unit. He served satisfactorily from that date of enlistment on 20 April 2001 to 15 February 2005, the effective date of transfer. b. The applicant was appointed to 2LT and became qualified area of concentration (AOC) qualified on 26 November 2008. He received to payments of $5,000 that appear to be for an OAB. His record is void of an OAB contract. c. The audit provides Documents from Information Management and Reporting Center (iMARC), the system utilized at the time by state officials to manage incentives and bonuses, that provides: (1) A DFAS payment history that shows a payment in the amount of $4,000 was processed on 30 October 2002 and 18 April 2005, with a transaction identification number (TIN) B03, which indicates the payments were processed through the system of record automatically. It also shows a payment in the amount of $5,000 was processed on 15 December 2008 and 22 December 2008, with TIN "D13", which indicates the payments were manually processed through the system of record. (2) A history of contract actions that the state incentive manager Master verified, validated and processed payments in the amount of $4,000 with pay dates on 9 August 2002 and 20 April 2005 ($8,000) for BCN "CONVERSION." and a verified, validate and processed payments in the amount of $5,000 with pay dates on 18 August 2007 and 18 August 2010 ($10,000) for BCN O07080002CA. 30. Memorandum, Headquarters, CAARNG, subject: Completed Incentive Eligibility Audit, dated 21 May 2012 shows the CAARNG reviewed all of his 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. 31. On 23 January 2014 the CAARNG ITF submitted a charge for his NPSEB in the amount of $2,888.82 and an OAB in the amount of $10,000. The reason for adjustment indicates the applicant received incentive funds erroneously. 32. On 17 September 2018, an official with the National Guard Bureau provided an advisory and recommended partial relief from recoupment, stating: a. The applicant lost eligibility for his NPSEB we he was transferred to a position he was not duty MOS qualified in and recommended granting 46 of the 72 months of his bonus and recouping the remaining 26 months for not serving in the appropriate MOS. b. The applicant was not eligible to receive the OAB. Army National Guard Policy states the OAB addendum must be signed on the date of the Soldier's commission in order to receive this incentive; however, despite the lack of addendum in his records it is recommended he retain the full OAB; he was qualified in a critical AOC, fully meeting the contractual obligation. 33. On 18 September 2018 the applicant was provided a copy of the advisory opinion and afforded the opportunity to submit a rebuttal and did not respond. 34. Contract and Incentive Eligibility - NPSEB. The NGB confirmed the applicant was eligible to contract for the NPSEB and receive the incentive; however, he became bonus ineligible when he transferred to a MOS he was not duty qualified in. However, the available records show: a. His bonus addendendum clearly states he would be terminated from eligibility if he was to "voluntarily" transfer to a non-critical skill and non-bonus unit is void of the required BCN. (1) JFH-CAARNG (highest state orders publication authority) published orders that reassigned him to their command headquarters in a different duty MOS and failed to provide the reason and whether the transfer was voluntary or involuntary. Additionally, the applicant did not complete his entire contractual obligation because he was commissioned as an officer which would have only terminated his eligibility without recoupment allowing him to retain the payments received. (2) It appears both the CAARNG ITF and National Guard Bureau are presuming the iMARC documents that reflect contract and payment information for BCN "CONVERSION" is connected to the NPSEB. Of note, "conversion" is applicable to a CAARNG incentive offered for MOS conversion. (3) Notwithstanding the advisory, review of his record provides administrative irregularity and error took place in the processing of his enlistment for the incentive and in the publication of orders he received transferring him to another MOS without supporting evidence to support he was voluntarily transferred. Additionally, 45 days after his transfer orders were published he was called to active duty, attached to 1st Cadet Company to attend OCS and served over 1 year on active duty. Based the on this it is reasonable to believe his transfer to JFH CAARNG was the process in place for OCS candidates and it would be inequitable to recoup the incentive monies received. b. Contract and Incentive Eligibility – OAB. The applicant was qualified and eligible the OAB; however, due to his records being void of a properly executed OAB he was not eligible to receive the payment in the amount of $10,000. (1) Both the CAARNG ITF and National Guard Bureau ) are presuming the iMARC documents that reflect contract and payment information for BCN "O07080002CA" is connected to the OAB. However, the ABCMR is unable to verify this due to his record being void of an OAB addendum, through no fault of the applicant. (2) Despite the administrative error that took place at the state level in the processing of the payments totaling $10,000, the National Guard Bureau states he was qualified in a critical AOC and recommends he be able to retain the full amount received. 35. Length of Service Relative to the Incentive(s). The applicant has served over 18 years in the CAARNG and continues to serve. His completed service surpasses the amount of contractual obligation connected to his NPSEB and OAB. BOARD DISCUSSION: 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 available evidence which provides administrative error took place in the overall processing of the incentive through no fault of the applicant, specifically his NPSEB addendum, transfer orders, and the lack of evidence connecting the information provided by the CAARNG ITF Audits. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. The Board affirms the decision of the previous Board regarding the reenlistment/extension bonus and Student Loan Repayment Program (SLRP) payments. Regarding this supplemental consideration, 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 NPSEB in the amount of $8,000 and the full amount of the OAB in the amount of $10,000; and b. Reimbursing the applicant any previously recouped monies for these portions of his incentives debt. 10/7/2020 X CHAIRPERSON 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. ADMINISTRATIVE NOTE(S): Not Applicable REFERENCES: Not Applicable //NOTHING FOLLOWS//