BOARD DATE: 28 May 2020 DOCKET NUMBER: AR20180014889 APPLICANT REQUESTS: * an exception to policy (ETP) for a military pay debt, to refund in part or in full, the recoupment of his reenlistment bonus (REB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 12 February 2013 * NGB Form 600-7-3-R-E (Annex R to DD Form 4 or D'A Form 4836 Reenlistment/Extension Bonus (REB) Addendum Army Nation Guard (ARNG) of the United States (ARNG)), dated 12 February 2013 * Permanent Order Number 270-02, Headquarters (HQ), Military Department, State of Washington (WA), dated 6 July 2016 * WAARNG Form 4-E (Request for Transfer), dated 29 March 2017 * Orders 123-688, HQ, Military Department, State of Washington, dated 3 May 2017 * Orders 137-502, HQ, Military Department, State of Washington, dated 17 May 2018 * four (4), Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LES) dated: * 18 May 2018 * 22 June 2018 * 25 July 2018 * 17 August 2018 FACTS: 1. The applicant did not file within the three-year period provided in Title 10, United States Code, section 1552(b); however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in effect, he served in a duty position for the military occupational specialty (MOS) 25B (Information Technology Specialist) while attached to the 81st Brigade located in west Seattle, WA armory (Washington Army National Guard (WAARNG)). The unit was undergoing a reorganization and was scheduled to lose the MOS 25B position in which he was serving. He was approached by a Master Sergeant (MSG) "M" and asked if he wanted to go to the Joint Force Headquarters (JFHQ) and he agreed to the request, however, neither he nor the MSG were aware of the affects the transfer to JFHQ would have on his REB (contractual terms). a. He contends that when he was transferred to his new unit, a DFAS or military pay representative attempted to contact him but his new address was not correctly reflected in his record. Then an attempt was made to contact Sergeant First Class (SFC) "S" (training room non-commissioned officer (NCO)) and an email was sent, although it never got out of her inbox nor was he informed. b. He contends there was a lack of communication and attention to detail by himself and the readiness NCOs. He believes he should be refunded the amount of his debt, which was recouped, although the Army did do its due diligence for the most part. 3. On 24 January 2004, the applicant enlisted into the Regular Army for a period of 5 years and 21 weeks. He enlisted into the WAARNG, on 11 August 2011, prior to his release from active duty (REFRAD). 4. On 13 October 2011, the applicant was honorably released from active duty. He completed 7 years, 1 month, and 7 days of net active service this period. His DD Form 214 (Certificate of Release or discharge from Active Duty) shows: * Block 9 (Command to Which Transferred) – "DET 1 CO B 161ST INF (WPRJB1) WENATCHEE, WA 98801 – 1872" * block 11 (Primary Specialty) – "11B2P INFANTRYMAN – 6 YRS 9 MOS//NOTHING FOLLOWS" 5. On 12 February 2013, the applicant extended/reenlisted into the WAARNG for a period of 6 years. His DA Form 4836 shows the following: * item 6d (ETS) – 13 October 2013 * item 7c (New ETS) – 13 October 2019 * item 8 (Authority and Reason for this Extension) – Table 1, Rule B, NGB ARH 09-026 (Note: NGR 600-200 was lined through) * the applicant acknowledged and the appropriate official certified the Oath of Extension 6. An NGB Form 600-7-3-R-E (BCN: R13020128WA), dated 12 February 2013, shows the applicant acknowledged the following: a. Section II – Eligibility: (1) He met all reenlistment or extension eligibility criteria in accordance with NGB ARH Policy Memorandum Number 09-026, dated 13 August 2009, Sections II, III and/or V, (Annex A: Interim Reenlistment /Extension). (2) He must be the primary position holder, not in an over-strength or excess status including when deployed and not coded 9993 in Standard Installation/Division Personnel System (SIDPERS) and the Information Management and Reporting Center (iMARC)/Guard Incentive Management System (GIMS) in a MOS that matches the authorized military grade and skill qualification commensurate with the position for which he was reenlisting/extending in order to establish the Critical Skill (CS) requirements on his contract start date. If he was coded 999K due to deployment, he was eligible for this REB. (3) He must reenlist/extend Duty Military Occupational Specialty Qualified (DMOSQ) in an MOS with a Modified Table of equipment (MTOE) or Medical Table of Distribution and Allowances (TDA) unit only, unless he is Non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation or relocation) only. If deployed Outside the Continental United states (OCONUS), he must be under mobilization orders Title 10 USC 12301(d), Title 10 USC 12302, or Title 10 USC 12406 only in order to be eligible. (4) If he was Non-DMOSQ at the time of extension, he must become DMOSQ within 24 months form the contract start date. His initial payment would not be processed until he became DMOSQ. (5) He agreed to reenlist/extend DMOSQ in MOS 25B only for 6 years as the primary position holder in rank and grade commensurate with the position and he was not coded 9993 or 999M in SIDPERS. b. Section III – Bonus Amount and Payments: (1) Non-Deployment Extension Stabilization Pay (DESP); he was reenlisting/extending for 6 years and would receive a total bonus in the amount of 10,000 dollars. He certified that he was reenlisting/extending DMOSQ or Non-DMOSQ (Due to mobilization/deployment, unit transition (reorganization, inactivation, transformation or relocation) only) as the primary position holder and he was not coded 9993 or 999M. His bonus would be processed effective the day after his current expiration term of service (ETS) as a lump-sum payment. (2) He understood that he would not receive payment if he did not meet all eligibility requirements on his contract start date (Day after current ETS). The reenlistment/extension would be verified by the State Incentive Manager (IM) prior to any payment being processed. (3) He acknowledge he read Section III and understood the contents thereof. c. Section IV – Suspension: (1) He understood he may be suspended from REB eligibility and no payments(s) would be paid during the time of suspensions if he contracted as a Reserve Officer Training Corps (ROTC) Simultaneous Member ship Program (SMP) Cadet. (2) Only one suspension of non-availability may be granted. (3) He understood that reinstatement and resumption of subsequent REB payment(s) following a period of non-availability is not guaranteed. d. Section V – Continued Receipt: He understood that he would be eligible for continued receipt of his REB under the following conditions: (1) His MOS was changed due to unit transition, inactivation, relocation, reorganization, or conversion. He may continue to retain his REB provided he met all other eligibility criteria, become DMOSQ within 24 months, and he was not separated from the SELRES. (2) He returned from an authorized period of non-availability and extended his reenlistment/extension contract to cover the period of non – availability within 90 days. e. Section VI – Termination: He may be terminated from REB eligibility with recoupment for any of the following reasons: (1) His REB addendum is signed before or after the execution date of his DD/Form 4 or DA Form 4836. The termination date would be his contract start date if the REB was previously paid. (2) He voluntarily changed his REB MOS during the contractual obligation unless assigned as an 09S Officer Candidate School (OCS) Candidate or 09R SMP Cadet. The termination date would be the date of transfer reflected on his order. (3) He failed to extend for the period of service while in an authorized period of non-availability within 90 days of returning back to active drilling status. The termination would be the date of his order to the ING or IRR. (4) He is placed into SIDPERS excess Code 9993. If he was placed in an over- strength status due to unit inactivation, relocation, reorganization, or converted (unit transformation or reorganization), he would be entitled to continued payments(s), to include his initial payment. If his REB MOS changes as a result of the above, he would have 24 months form the date of transformation/reorganization (plus period served in a mobilized status ) to become DMOSQ in that new MOS. He must also be assigned as the primary position holder in that valid vacancy. The termination date would be the date of being moved into the excess positon. (5) He voluntarily transferred within the state or interstate transfer (IST) for reasons other than those covered under Army Regulation 601-210 (Active and Reserve Components Enlistment Program) would be governed by the following: (a) If he moved involuntarily, he would have 24 months from date of transfer to become DMOSQ in the new MOS and he would be eligible for future schedule payments. If he received payment and fail to become DMOSQ within 24 months his REB would be terminated the effective date of his transfer order. (b) He transferred out of his current REB MOS into a non-DMOSQ MOS. The termination date would be his transfer order date. (6) He understood that any other additional termination with recoupment condition that is not included in this addendum can be found in Army Regulation 601-210, paragraph 10-9c. f. Section VII – Statement of Understanding: He read the entire addendum and understood all of the above statements concerning his REB. g. Section VIII – Authentication: He understood an ETP is only authorized as per paragraph 28 of the current FY12 SRIP Guidance. h. Section IX – Certification by Service Representative: The appropriate official certified and witnessed the applicant's reading and signing of the addendum (REB). 7. Orders 317-505, HQ, Military Department State of Washington, dated 13 November 2013, shows the applicant was promoted to Staff Sergeant (SSG) and awarded the Primary Military Occupational Specialty (PMOS) 25B. 8. Orders 029-577, published by HQ, Military Department State of Washington, on 29 January 2015, shows he was released from his assignment to "INFO TECH TEAM CHIEF DET 1 81ST BCT… [Unit Identification Code (UIC)] (QYQA1-541)… MOTE/TDA… [paragraph and line number]… 116-10" and transferred to "INFO TECH TEAM CHIEF HQ (-DET1) 81ST BCT [UIC] (QYQA1-541)" to MOS/DMOS 25B3O. The additional instructions state: * Reason for Transfer: Command Directed from Permanent Order #364-002 reorganizing the unit * SRIP [Selected Reserve Incentive Program]: YES Termination: NO 9. Orders 225-524, published by HQ, Military Department State of Washington, on 13 August 2015, shows he was he was released from attached to "INFO TECH TEAM CHIEF HQ (-DET1) 81ST BCT [UIC] (QYQA1-541)" and attached to "2ND BN 205TH REG (OCS/WOCS)" for Pre-OCS (Officer Candidate School). 10. Orders 225-525, published by HQ, Military Department State of Washington, on 13 August 2015, shows he was awarded the PMOS 09S3O; his unit is listed as "HHC (-DET1) 81ST SBCT (QYQAA-400)" 11. The applicant provides Permanent Order Number 270-02, published by HQ, Military Department State of Washington, on 6 July 2016, which show, while he was attached for OCS/WOC his unit of assignment HHC, 81st Stryker Brigade Combat Team (WQYQAA) was directed to reorganize, effective date 15 July 2016.. These orders state, "Individuals, for whom an MTOE position in current grade does not exist due to this reorganization, may be retained for a period of one year from the effective date of this order [until 5 July 2017]." 12. Orders 010-506, published by HQ, Military Department State of Washington, on 10 January 2017, released him from attachment to "2ND BN 205TH REG (OCS/WOCS);" his unit of assignment is listed as "HHC (-DET1) 81ST SBCT (QYQAA- 400)." 13. Based on the language in Section VI – Termination, paragraph 1.b. of the applicant's NGB Form 600-7-3-R-E, dated 12 February 2013, the applicant's award of PMOS 09S did not violate his bonus agreement or terminate his REB eligibility, with recoupment, based on the following language: I may be terminated from REB eligibility with recoupment [if] ...I voluntarily change my REB MOS during the contractual obligation unless assigned as an 09S Officer Candidate School (OCS) Candidate… 14. Orders 033-509, published by HQ Military Department State of Washington, on 2 February 2017, shows he was awarded PMOS 25B3P (Duty MOS) and PMOS 09S3O was withdrawn, effective 9 January 2017; his unit of assignment is listed as "HHC (-DET1) 81ST SBCT (QYQAA-400)" 15. A WAARNG Form 4-E, dated 29 March 2017, shows the applicant requested a transfer from "HHC 81ST SBCT" for reassignment to "Army Staff Element JFHQ/W8BLAA because his current unit was over strength on MOS 25B3O or did not have an MOS 25B3O slot available (Over Grade). * he was relieved from "HHC 81ST SBCT" MTOE TDA position as a Senior Information Systems Specialist in DMOS 25B2O - paragraph and line number 121-01 * he transferred to "Army Staff Element JFHQ" MTOE TDA position as an Information Tech Specialist in DMOS 25B2O - paragraph and line number 235-09 16. Orders 123-688, published by HQ, Military Department State of Washington, on 3 May 2017, shows he was released from "SR INFO SYS SP HHC (-DET1) 81ST SBCT (QYQAA-400)" and transferred to INFO TECH SPEC ARMY STAFF ELEMENT JFHQ (8BLAA-001)," effective dated 3 May 2017. a. The additional instructions state: * Reason for Transfer: SM Requested * SRIP: YES Termination: NO b. Note: The additional instructions state the transfer was based on the Soldier's request, indicating the move was voluntary, however, the WAARNG Form 4-E, dated 29 March 2017, the applicant completed specifically states his request was because his current unit was over strength on MOS 25B3O or did not have an MOS 25B3O slot available (Over Grade). Additionally, Permanent Order Number 270-02, published by HQ, Military Department State of Washington, on 6 July 2016, directed HHC, 81st Stryker Brigade Combat Team (WQYQAA) to reorganize, effective date 15 July 2016.. These orders state, "Individuals, for whom an MTOE position in current grade does not exist due to this reorganization, may be retained for a period of one year from the effective date of this order [until 5 July 2017]." 17. Orders 137-502, published by HQ, Military Department State of Washington, on 17 May 2018, shows he was released and transferred within his current unit of assignment to position number (MTOE/TDA paragraph and line number) 235-08, in MOS 24B4O, with a position number excess code: "EXCESS TO AUTHORIZED STRENGTH OF UNIT (9993)." These orders were effective 1 May 2018. The additional instruction state: * Reason for Transfer: Must vacate new AGR para/line * SRIP: YES Termination: NO 18. An email from Defense Finance and Accounting Service provides evidence, which shows the applicant's REB recoupment was initiated at the unit level, on 3 May 2017, after a 42-month period of service for the REB terms of contractual agreement. He received a $10,000 bonus (Incentive) on 25 December 2013 and the total amount of recoupment was $4,166.67, which was paid by the applicant by 16 November 2018 through monthly pay deductions. 19. The applicant's Army Military Human Resource Record (AHMRR) through Interactive Personnel Electronic Records Management System (iPERMS) does contain evidence of a letter for notification of his REB recoupment amount or calculation for the REB termination under the regulatory provisions for the proportionate monthly dollar amount. 20. Based on the language in Section VI – Termination, paragraph 1.f. of the applicant's NGB Form 600-7-3-R-E, dated 12 February 2013, the applicant's assignment to position number (MTOE/TDA paragraph and line number) 235-08, with a position number excess code: "EXCESS TO AUTHORIZED STRENGTH OF UNIT (9993)" could violate his bonus agreement and/or terminate his REB eligibility with recoupment, unless the move was due the stipulations noted in the following language: I may be terminated from REB eligibility with recoupment [if] ...I am placed into SIDPERS excess Code 9993. If I am placed in an over-strength status due to unit inactivation, relocation, reorganization, or converted (unit transformation or reorganization), I will be entitled to continued payments(s), to include my initial payment. If my REB MOS changes as a result of the above, I will have 24- months from the date of the transformation/reorganization (plus period served in a mobilized status) to become DMOSQ in that new MOS. I must also be assigned as the primary position holder in that valid vacancy. The termination date will be the date of being moved into the excess position. 21. Orders 051-626, issued by HQ, Military Department State of Washington, on 20 February 2019, shows he was released from "INFO TECH SPEC ARMY STAFF ELEMENT JFHQ (8BLAA-001)," and transferred to "INFO SYS STAFF NCO HHC 56TH INFORMATION OPNS GRP (Y1UAA-017), to MTOE/TDA paragraph and line number 111-05, into MOS 25B4O." effective dated 24 January 2019. This position was not listed as excess or over-strength. The additional instructions include the entry, "SRIP: YES Termination: NO." 22. Orders 11-224, HQ, Military Department State of Washington, dated 20 April 2020, shows he was ordered to full time National Guard Duty-Operational Support (FTNGD- OS) for COVID-19 response support for the period (Temporary Duty (TDY)) 20 April 2020 to 20 May 2020. 23. The applicant provides four (4) Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LES) which list a debt payment on the following dates: * 18 May 2018 * 22 June 2018 * 25 July 2018 * 17 August 2018 24. Army Regulation 610-210 (Active and Reserve Components Enlistment Program), in effect, prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the Regular Army (RA), the Army Reserve (AR), and the Army National Guard (ARNG). Chapter 10 (Selected Reserve Incentive Program (SRIP)) states the SRIP is approved annually by the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)). The SRIP programs are subject to legal and DOD implications. As such, DCS, G–1 (DAPE–MPA–CB) will manage the program to ensure compliance with established standards. The NGB will review the critical skills for the enlistment, and reenlistment/extension and officer incentives for the ARNG. a. Paragraph 10-8 (Termination of incentives), states incentive eligibility will be stopped when any of the termination reasons as listed below apply and that member shall not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. Termination of eligibility to an incentive will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS. b. Paragraph 10–9 (Recoupment of incentives), states when relief is not granted through the waiver process from incentives received, the member must refund a pro- rata amount to the Government when termination is due to reasons outlined in paragraph 10–8 of this regulation except where prorated recoupment is not authorized in paragraph 10–9c. Commanders will refer to the respective Army component (USARC, NGB) G–1 office most directly responsible for recruiting and retention (grade O6 or civilian equivalent or higher) for resolution and consideration for waiver or exception in doubtful cases, in which recoupment would be contrary to personnel policy or other management objectives, against equity or good conscience or contrary to the best interests of the U.S. and clearly in the best interest of the Army. (1) All debts to the U.S. Government will be submitted for collection from SELRES and Ready Reserve members. Delinquent repayment(s) will result in the collection of interest on the remaining balance per 10 USC 2005. (2) Commanders are responsible for initiating recoupment procedures whenever a member’s eligibility to an incentive is terminated and recoupment is required by this regulation or applicable policy. When a commander is not in the chain of command over the Soldier, the incentives program manager will initiate recoupment procedures. BOARD DISCUSSION: After reviewing the application and all supporting evidence, the Board found that full relief was warranted. The Board found that the applicant was unjustly denied his a US Army REB of $10,000.00. The applicant completed all the required paperwork, which was validated by his chain of command on 12 February 2013 and was to receive his bonus on that day. The applicant’s MOS position was eliminated due to several reorganizations. The applicant transferred units to serve in the required MOS and followed all necessary procedures to retain the bonus. The applicant served faithfully in Afghanistan and Iraq. The Board found that the recoupment of the REB is an injustice as the applicant did everything he was supposed to do and deserves to be repaid any recoupment of the $10000.00 REB. 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 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 1. showing the applicant is entitled to receive US Army REB cash bonus of $10,000.00, and 2. DFAS repaying him the REB cash bonus of $10,000.00 in accordance with the aforementioned correction. 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, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 610-210 (Active and Reserve Components Enlistment Program), in effect, prescribes eligibility criteria governing the enlistment of persons, with or without prior Service (PS), into the Regular Army (RA), the Army Reserve (AR), and the Army National Guard (ARNG). Chapter 10 (Selected Reserve Incentive Program (SRIP)) states the SRIP is approved annually by the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)). The SRIP programs are subject to legal and DOD implications. As such, DCS, G–1 (DAPE–MPA–CB) will manage the program to ensure compliance with established standards. The NGB will review the critical skills for the enlistment, and reenlistment/extension and officer incentives for the ARNG. a. Applicants for programs administered by this regulation will be required to sign documents that specify the eligibility criteria and the term of Service for the incentive. Furthermore, the document will contain an acknowledgment that the applicant has been advised of, and understands, the benefits of the program and the conditions that can cause termination and recoupment. These documents must be authenticated by a proper witnessing official and will include the preparation date. b. Paragraph 10-8 (Termination of incentives), states incentive eligibility will be stopped when any of the termination reasons as listed below apply and that member shall not be eligible to receive any further incentive payments, except for Service performed before the termination date. Once declared ineligible, termination of an incentive will not affect a Soldier’s responsibility to serve their current statutory or contractual Service commitment. Termination of eligibility to an incentive will occur, if a Soldier voluntarily moves to a non-bonus unit or MOS. c. Paragraph 10–9 (Recoupment of incentives), states when relief is not granted through the waiver process from incentives received, the member must refund a pro- rata amount to the Government when termination is due to reasons outlined in paragraph 10–8, this regulation except where prorated recoupment is not authorized in paragraph 10–9c. Commanders will refer to the respective Army component (USARC, NGB) G–1 office most directly responsible for recruiting and retention (grade 06 or civilian equivalent or higher) for resolution and consideration for waiver or exception in doubtful cases, in which recoupment would be contrary to personnel policy or other management objectives, against equity or good conscience or contrary to the best interests of the U.S. and clearly in the best interest of the Army. (1) All debts to the U.S. Government will be submitted for collection from SELRES and Ready Reserve members. Delinquent repayment(s) will result in the collection of interest on the remaining balance per 10 USC 2005. (2) Commanders are responsible for initiating recoupment procedures whenever a member’s eligibility to an incentive is terminated and recoupment is required by this regulation or applicable policy. When a commander is not in the chain of command over the Soldier, the incentives program manager will initiate recoupment procedures. (3) Paragraph 10-9c states commanders will not recoup for any of the following reasons: * when the Soldier's unit is in transition per paragraph 10-11; termination with recoupment is authorized in cases when the Soldier refuses a reassignment in SELRES * accept an immediate appointment as a commissioned officer or warrant officer (WO); an enlisted Soldier accepting an appointment as a commissioned officer or WO will not is not subject to recoupment unless he/she receives an officer accession/affiliation bonus * when a Soldier becomes a simultaneous member of an authorized officer commissioning program * separation or transfer from the bonus position because of death, injury, illness, or other impairment not the result of misconduct by the Solider * ordered to active duty * enters into an authorized period of non-availability; recoupment is authorized when a Soldier does not return within the required amount of time to extend and complete the contractual agreement * entry on AD in an AC or AGR status; AGR must have at least 6 months on their current contract or their incentive will be recouped * if SELRES a member is involuntarily separated during the current term of service for homosexual conduct a basis for recoupment is constituted unless a specific finding or waiver is determined by the Board (Administrative) * a member paid a bonus in a component of the Army who is discharged for immediate reenlistment in any other component of the Army or U.S. military service to which no other bonus or incentive is paid may be considered the term of service (reenlistment and remaining period from former enlistment) * member is being discharged for hardship reasons in accordance with applicable separation policy 3. National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs), in effect at the time, provides policies, and implementation of Selected Reserve Incentive Programs (SRIP). The regulation sets responsibilities, lists benefits, describes eligibility criteria and entitlement, sets suspension, termination, and recoupment requirements, and prescribes processing and payment procedures. a. Paragraph 3-7 (Reenlistment/extension bonus payment procedures) states establish a bonus pay account by initiating a B03 transaction in coordination with military pay branch. After seven days, query DFAS account to ensure accuracy of pay account. After a soldier has been loaded as a bonus participant, DFAS will pay the soldier per the following: (1) The State Incentive Manager will issue two copies of the bonus 1 report or state reports as prescribed by state policy to each unit monthly and establish a suspense date for the return of the appropriate document. (2) Unit commanders must certify eligibility for payment. Commanders may Delegate authority to certify to the State Incentive Manager at the discretion of the MILPO. (3) The State Incentive Manager will submit the certification to military pay branch on a transmittal letter or IA W military pay guidance. (4) Ensure after bonus payment is processed that the SIDPERS database reflects the proper number of bonus payments to date. b. Paragraph 3-9 (Termination with Recoupment) states terminate entitlement and eligibility for the reenlistment bonus when one of the conditions listed below occurs. Compute the soldier's entitlements and recoup from, or pay to, the soldier amounts due per paragraph 3-11. Provide the termination notice and amount due, if any, when the Soldier voluntary transfers to a non – bonus unit as of the effective date of transfer. c. Paragraph 3-11 (Settlement of accounts) states to calculate reenlistment or extension bonus recoupment or balance due amounts as follows: (1) Multiply the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount (the proportionate monthly dollar amount will be determined by dividing the total authorized reenlistment or extension bonus amount by 36 months for a 3-year bonus or 72 months for a 6-year bonus). (2) Subtract that amount from the total bonus paid to the soldier to date (initial plus any later payments). (3) If the calculation indicates overpayment to the soldier, that amount will be recouped. (4) If the calculation indicates the soldier has earned more than he or she has been paid to date on the same pro-rata basis, the difference will be paid to the soldier in a final installment. (5) The commander, or his representative will issue the termination memorandum at figure 2-1 and provide copies for: (a) The soldier. (b) The unit. (c) The holder of the MPRJ for inclusion in the MPRJ. (d) The State Incentive Manager. 4. Army National Guard (ARNG) Selective Reserve Incentives Program (SRIP) Guidance for Fiscal Year (FY) 12, 5 June 2012 - 30 September 2012 (Policy Number 12-01, Update 1), prescribes eligibility criteria, procedures, and standards for administering the ARNG SRIP for FY 12. a. Management Controls. Commanders at all levels are responsible for establishing and maintaining internal controls and for identifying and addressing major performance challenges and areas at greatest risk for fraud, waste, abuse, and mismanagement. Management control provisions shall be in accordance with Army Regulation (AR) 11-2, Managers' Internal Control Program, 4 January 2010. In addition, bonus and incentives programs should must be added to the Managers' Internal Control 5-Year Plan as a high risk function and evaluated every year to mitigate risks that would severely impact the Army National Guard. b. Separation of Duties. Separation of duties is a deterrent to fraud because it requires collusion with another person to perpetrate a fraudulent act. It is necessary to prevent any undue pressure on the decision-making process for incentives and is critical to effective internal control; it reduces the risk of erroneous and inappropriate actions. Decisions affecting incentives span across the communities of Recruiting and Retention, Finance, Medical, the Standard Installation/Division Personnel System (SIDPERS), and Training, but duty separation creates a clear audit trail for operating efficiently and safely. Separation of duties ensures that each person's work acts as a complementary check against another's. No one person should be responsible for an entire transaction or operation. When duties cannot be separated, a detailed supervisory review of related activities is required as a compensating control activity. c. Paragraph 7 states general requirements must be met by all applicants to receive SRIP incentives. (1) Incentive eligibility must be verified/validated using the Soldier screen in iMARC/GIMS for suspension, termination, recoupment, and/or payment actions. Data systems that interface with iMARC/GIMS must be kept current to facilitate timely incentive payments. Incentive addendums/agreements, Simultaneous Membership Program (SMP) and Reserve Officer Training Corps (ROTC) documents, MGIB documents, NGB Form 337, Oaths of Office, November 2010, Department of Defense (DoD) Form 4, Enlistment/Reenlistment Document Armed Forces of the United States, October 2007, and or Department of the Army (DA) Form 4836, Oath of Extension of Enlistment or Reenlistment, August 2010, must be loaded into the Interactive Personnel Electronic Records Management System (iPERMS). The iMARC/GIMS comments will validate that documents are available for review in iPERMS. Supporting documents that validate eligibility and payment must be uploaded in iMARC/GIMS. (2) The REB incentive is paid in three installments lump sum provided the Soldier meets all eligibility requirements on the contract start date as defined below: and verification of qualification in both SIDPERS and Imarc. d. Paragraph 12 (Reenlistment/Extension Bonus (REB)) provides specific criteria in addition to the SRIP general requirements. The Soldier must be the primary position holder, not in an over-strength or excess status (including a deployed Soldier coded 9993 in SIDPERS/999K in iMARC/GIMS) and 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. (Exceptions not authorized) e. Paragraph 21 (Continued Receipt of Incentives), states entering remarks into iMARC/GIMS along with supporting documentation is required to support continued receipt of incentives. The Soldier may continue to receive incentives based upon the following conditions: A Soldier whose AOC/MOS is changed due to a unit transition, or who is inactivated, relocated, reorganized, or converted may continue to receive incentives provided he or she meets all other eligibility criteria, becomes DMOSQ within 24 months, and is not separated from the SELRES. The Soldier must be coded 9994, excess due to reorganization in SIDPERS/TAPDB-G code. Assignment orders must be uploaded into iMARC/GIMS. f. Paragraph 22 (Termination of Incentives) states entitlement to incentives will be terminated when any of the termination reasons in reference 1.a. apply before the fulfillment of the service described in the member's written agreement. The Soldier shall not be eligible to receive further incentive payments, except for payments for service performed before the termination date. Once declared ineligible, termination of an incentive does not affect a Soldier's responsibility to continue to serve out his or her current statutory or contractual Service commitment. g. Paragraph 23 (Termination with Recoupment) states recoupment of incentives requiring resolution and consideration involving doubtful cases in which recoupment would be contrary to personnel policy, against management objectives, against equity or good conscience, or contrary to the best interest of the United States, the Army, and ARNG, are covered under paragraph 28. h. Pargraph 24 states detailed remarks must be entered into iMARC/GIMS clearly outlining the reasons for termination with recoupment, and supporting documents must be uploaded. The reasons for termination with recoupment include the following: (1) Subparagraph (a) states incentive addendums are signed before or after the execution date of a DD Form 4, DA Form 4836, or NGB Form 337. The termination date will be the contract start date if incentive was previously paid. (2) Subparagraph (i) states a Soldier discharged with a SIDPERS discharge code related to the reason for suspension of favorable personnel actions (Flag) in which the case was not closed favorably prior to discharge. The effective date of termination is the initiation date of the Adverse Action (AA) Flag. The Soldier whose AA Flag is removed prior to the date of discharge will have their incentive terminated effective the date of discharge if the contractual obligation period has not been completed. (3) Subparagraph (h) states a Soldier with contracts executed after 1 March 2009, and with two consecutive record Army Physical Fitness Test (APFT) failures and/or two consecutive failures to meet body fat standards within the contract term. Termination will be effective on the date of the second APFT failure or second failure to meet body fat standards. i. A Soldier who voluntarily transfers within the State or for reasons other than those covered under references 1.a., 1.h., and 1.i. will be governed by the following: (1) A Soldier who contracted for a CS MOS prior to the implementation of the VMS, RPM, and Tier Level CS determination rules must, upon voluntary transfer, select a vacancy that has the same CS MOS or a current vacant State CS in order to retain his or her incentives. The Soldier must be assigned as the primary position holder. A Soldier electing a new CS MOS will have 24 months from the date of transfer on their orders to become DMOSQ and is not eligible for future scheduled payments until they become DMOSQ for the new CS MOS. A Soldier failing to become DMOSQ within the allotted time will be terminated effective the date on the transfer order. (2) A Soldier moved involuntarily has 24 months from the date of transfer to Become DMOSQ in the new MOS and is eligible for future scheduled payments. A Soldier who received payment and failed to become DMSOQ within 24 months will have the bonus incentive terminated effective the date of the transfer order. (3) A Soldier who transfers out of a CS incentive into a Non-CS position is not eligible to retain his or her incentives and will be terminated effective the date on the transfer order. j. Paragraph 28 (Exceptions to Policy (ETP)) states the Chief of the Education, Incentives, and Employment Division is the proponent for this guidance and is the authority for ETP determinations. All ETPs will be initiated by the Soldier and routed through their chain of command to the State IM and State Military Personnel Officer, to the Professional Education Center Incentives Support Team for action. Approved or denied ETPs and supporting documents must be uploaded in Interactive Personnel Records Management System (IPERMS) and Information Management and Reporting Center (iMARC)/Guard Incentives Management System (GIMS). All supporting documents must be uploaded to the iMARC/GIMS ETP module. ETPs are evaluated on an individual basis. 5. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180014889 18 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1