ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 August 2019 DOCKET NUMBER: AR20180014884 APPLICANT REQUESTS: * request for exception to policy (ETP) be granted * repayment of debt paid to date * relief from debt owed APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * National Guard Bureau ETP memorandum * request for ETP from administrative officer * self-authored letter requesting an ETP * DA Form 4187 (Personnel Action) * NGB Form 600-7-3-R-E-DSIPP (Reenlistment/Extension Decentralized State Incentive Pilot Program Addendum) * DD Form 1966/1 (Record of Military Processing) * orders changing the applicant's Military Occupational Specialty (MOS) * promotion order * Notification of Incentive Violation and ETP Process * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) FACTS: 1. The applicant states: * his transfer into a new MOS was made in the best interest and support of the US Government * he remained in the same unit still supporting and completing 88M bonus slot duties * he requests relief from the debt owed * he included two letters of request for ETP by himself and the administrative officer for the Board's consideration 2. The applicant provides the following documentation for the Board's consideration: * a DA Form 4836 showing he reenlisted on 20 July 2011 for 6 years * Orders 240-071 dated 28 August 2014 showing a change in his MOS from 88M to 92G effective 22 August 2014 * Orders 098-029 dated 8 April 2015 promoting the applicant to Sergeant First Class effective 15 March 2015 * DD Form 1966/1 dated 28 Apr 2004 his military processing form for the Armed Forces of the United States * a DA Form 4187 showing his reenlistment was erroneous based on him not having a valid Army Physical Fitness Test the form recommended to the Adjutant General to direct retention of the applicant and honor his contract 3. The applicant provides his bonus addendum which was signed on 28 July 2011. The bonus addendum states, in pertinent part: * the applicant was extending for 6 years in the duty MOS of 88M * he was reenlisting to receive a total bonus payment of $10,000 * the bonus would be paid in lump sum * the payment would be processed the day after his expiration term of service date of 27 May 2012 * his incentive would not be terminated if he changed his MOS due to normal skill or career progression * his incentive could be terminated with recoupment if he voluntarily transferred out of the paragraph and line number MOS for which the incentive was approved * the applicant initialed all pertinent portions of the bonus addendum and signed stating he understood the provisions of the addendum 4. The applicant provides a memorandum he received from the Missouri National Guard dated 22 February 2018 with a suspense date of 8 April 2018. The subject of the memorandum was Notification of Incentive Violation and Exception to Policy Process. The memorandum states, in pertinent part: * the State Incentive Manager found the application violated the terms of his reenlistment bonus * he may file an ETP to try to retain his incentive * the violation amount was $8,750 * the reason for the violation was the applicant voluntarily transferred from 88M to 92G on 3 March 2013 * his bonus addendum stated he would be terminated with recoupment if he voluntarily transferred of the paragraph and line number MOS for which the incentive was approved * the applicant was eligible to ask for a relief from recoupment by the suspense date listed on the memorandum * failure to submit the ETP by the suspense date would result in immediate termination and recoupment of his incentive 5. The applicant provides a self-authored memorandum for an ETP dated 22 March 2018. The request states: a. He is requesting an ETP from his voluntary transfer from the MOS of 88M to 92G in March 2013. When he returned from deployment it was brought to his attention of a statewide vacancy that had not been filled as a Senior Food Services Sergeant with the grade of Sergeant First Class. He spoke to his Readiness Sergeant, his First Sergeant, and unit commander regarding the move. They discussed the applicant's military career and needs of the unit and the possibility of him filling the vacancy in the unit with the intent to benefit his military career and the needs of the unit. They discussed the reenlistment bonus he received in the amount of $10,000 and if transferring to the position could violate his contract. They contacted the state incentives program to discuss the transfer. It was determined it would not violate his contract since he would remain in the unit and still have the 88M MOS as well as serve in the 92G position in his unit. b. Since 2013, the unit deployed to Kuwait from February 2017 through February 2018. During the time, he filled the roll of acting First Sergeant for the unit as an 88M, which brought him back to fulfilling his 88M duties. He did not use any of the 92G MOS skills during that time. In the rear detachment, where there were limited personnel, he was training Soldiers in track equipment to make sure equipment was maintained while the main unit was deployed. c. The applicant has also had several medical conditions since 2013 that have placed him on profile where he could not ride in or drive the unit's trucks. They placed him in the medical review board system. The conditions are related to deployment and military duties. The medical conditions have limited the use of his 88M skills as he continues through the medical board process. He still does everything he can to stay involved in training and leading Soldiers in the unit. d. He is a dedicated member of his unit and only transferred to the 92G position because it was discussed it would be beneficial to the unit and to his military career while being able to remain in his unit where he belongs. He's stepped up to assist the unit in any way possible by moving to the 92G position and accepting the role of acting First Sergeant when there were other available 88Ms in the unit. He's been in the unit since 2008 and it is where his loyalty is and the overall decision he's made was with both the unit and his interests in mind. Knowing the Soldiers in the unit allowed him to fill the 92G position but still interact and use his 88M skills. e. He requested an ETP and to be relieved from the recoupment balance of his bonus in the amount of $8,750 because he still continued using his 88M MOS skills throughout the contract. He transferred to the 92G position in the same unit for the convenience and benefit of the government. 6. The applicant provides a memorandum from the unit administrative officer requesting an ETP on behalf of the applicant dated 23 March 2018. The memorandum states, in pertinent part: * the unit had a long standing vacancy in the Senior Food Service slot * it was imperative to fill the slot as senior NCO vacancies are critical in the Missouri Army National Guard * he discussed the vacation with the applicant and about the applicant applying for the position * they asked the incentives manager if the applicant's selection would affect his bonus * they were informed the bonus was tied to the unit and since he was staying in the unit and filling a critical shortage his bonus would not be recouped * the applicant still continued to train and work with the 88Ms in the unit * both the applicant and the unit did their due diligence to ensure his reenlistment bonus would not be affected 7. The applicant provides a memorandum from NGB dated 3 July 2018 regarding the ETP. The memorandum states, in pertinent part: * an ETP to retain the $10,000 bonus is disapproved * the disapproval was because the applicant voluntarily transferred out of the contracted MOS during the contractual agreement * this is in violation of the Department of Defense Instruction 1205.21 paragraph 6.6.2 * the applicant voluntarily transferred out of the contracted MOS after being informed the transfer would not affect his bonus * the State Incentive Manager will terminate the incentive without recoupment effective the date of transfer to MOS 92G BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement and reasons for voluntarily transferring positions, the supporting statements from his unit, the terms of his contract regarding the incentive, the requested exception to policy and the determination of the NGB to terminate the incentive without recoupment effective the date of his transfer to MOS 92G. Based on the preponderance of evidence, the Board determined that the applicant’s voluntary transfer out of his contracted MOS negated his contractual agreement and found that the NGB denial of his requested exception to policy and termination of his incentive without recoupment was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X 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. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Instruction Number 1205.21 (Reserve Component Incentive Programs Procedures) states in Paragraph 6.6.2, persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve. ABCMR Record of Proceedings (cont) AR20180014884 5