ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 8 July 2019 DOCKET NUMBER: AR20180015582 APPLICANT REQUESTS: * suspension of bonus incentive termination and recoupment APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * self-authored letter * memorandum from Florida Army National Guard (FLARNG) Notification of Exception to Policy (ETP) * FLARNG ETP * National Guard Bureau (NGB) ETP * Bonus Addendum * Oaths of Office dated 5 and 6 May 2007 * Reserve Officer Training Corps (ROTC) Contract * separations orders * email regarding ETP FACTS: 1. The applicant did not file within the 3 year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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, in his application and self-authored letter, states: * the FLARNG provided notification for recoupment of his bonus on 7 August 2018 * the bonus he received was from his commissioning in May 2007 * the notification from the FLARNG included a memo from the NGB dated 23 June 2014 denying his ETP * the ETP was denied due to administrative errors and his transfer to the US Army Reserve (USAR) * the administrative errors in his contract included the start date not matching his commissioning date, bonus addendum signatures did not have the same date, and the bonus control number was not present * the incentive offer was accepted by the applicant in good faith * he separated from the FLARNG on 24 August 11 prior to the 6-year stipulation * the transfer was due to an Active Duty for Operational Support (ADOS) position * a full time member of his unit would not let him remain in the FLARNG and take the position * the applicant was forced to transfer to the USAR in order to take the ADOS position * upon completion of the ADOS assignment, the applicant returned to the FLARNG * the applicant served in the FLARNG from May 2007 through August 2011, 4 years and 3 months and from November 2013 through October 2018, 4 years and 11 months * he deployed four times and served more than the 6 years required * the applicant believes he's fulfilled his duty obligation to the FLARNG in the spirit of the original OAB, having given over 6 commissioned years in the specified bonus branch of Infantry 3. The applicant provides a DA Form 71 (Oath of Office - Military Personnel) wherein he was sworn as a reserve commissioned officer into the Army of the United States on 5 May 2007 after having completed his ROTC Contract. He also provides an NGB Form 337 (Oaths of Office) wherein he was sworn into the FLARNG effective 6 May 2007. 4. The applicant provides a Written Agreement Officer Accession Bonus Addendum Acknowledgment stating he will receive a $10,000 accession bonus paid in one lump sum upon successful completion of his Officer Basic Course. 5. The applicant's service records contain a DA Form 1059 (Service School Academic Evaluation Report) showing he completed his officer basic course on 26 October 2007. He served in the FLARNG from 6 May 2007 through 24 August 2011. His service records contain an NGB Form 22 (Report of Service and Separation Record) releasing him from the FLARNG effective 24 August 2011 with an Honorable discharge. 6. The applicant's service records contain an NGB Form 0123E (Special Orders Number 197) indicating the applicant transferred to the USAR effective 24 August 2011. His records also contain an NGB Form 337 (Oaths of Office) wherein he was sworn back into the FLARNG effective 16 December 2013. 7. The applicant provides a memo from the FLARNG to Chief, Guard Strength Education at NGB regarding an ETP for the applicant, dated 26 February 2014. The memo was asking for an ETP allowing the applicant to retain his OAB stating he accepted the incentive in good faith and has fulfilled his obligation despite the following issues found with the applicant's contract: * his bonus addendum was signed after his Oath of Office * the dates on the addendum do not match * the bonus control number was requested and approved after the contract signature date * the bonus control number is not written on the addendum * the addendum version date is not showing on the addendum * the applicant transferred to the USAR on 24 August 2011 8. The NGB responded by a memo dated 23 June 2014, which the applicant provides. They denied the request stating the applicant transferred to the USAR prior to serving the term of his agreement and thus became ineligible for the incentive. They also cited the following errors: * the applicant was separated prior to completion of the service obligation * his contract start date does not match the date of commission * the contract and bonus addendum contain various signature dates from the applicant, witnessing official, and the service representative * the bonus control number was requested after the date of accession 9. The applicant provides two memos from the FLARNG both dated 7 August 2018. One memo informed him his incentive was terminated because of the discrepancies found and would be recouped in the amount of $2,916.67. The second memo from the FLARNG stated his ETP request was reviewed by NGB. 10. The applicant also provides an email from the FLARNG State Incentives Manager dated 11 September 2018, which states: * the applicant requested an ETP in March 2014 * NGB denied the ETP * after the ETP is denied by NGB the applicant's next step is to send an application to the ABCMR 11. See below for References pertaining to this case. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. There is insufficient evidence that the applicant completed the required concurrent six years of service in the FLARNG to receive the full Officer Accession Bonus. The applicant’s bonus was terminated on 24 August 2011 for several reasons, but particularly his transfer to the Reserve Component on 24 August 2011. When the applicant voluntarily transferred to the USAR, he had not completed his six year contract required under the bonus agreement he signed on 18 April 2007. The Board found that the FLARNG properly recouped only a portion ($2,916.67) of the $10,000 bonus issued to the applicant. Therefore, the Board found no error or injustice in this case. 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. National Guard Regulation 600-7 (Selected Reserve Incentive Programs), states affiliation bonus contracts are not valid without a bonus control number. Bonus control numbers will be issued from the State Incentive Management Office and reported to NGB. The State Incentive Manager will verify the bonus addendum form for control number, correct Military Service Obligation computation and a valid unit position." 3. Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year (FY) 2007, 1 January 2007 - 31 January 2007 (Policy Number 07-04), dated 1 January 2007 prescribes the guidance for M-Day ARNG Soldier to receive the SRIP. It states, the ARNG offers a $10,000.00 Officer Affiliation Bonus to newly commissioned officers who agree to serve in the ARNG in a drilling status and meet all the required eligibility. 4. National Defense Authorization Act for Fiscal Year 2017 states at Subtitle F—Other Matters SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY MEMBERS OF THE UNIFORMED SERVICES STATUTE OF LIMITATIONS.—Section 1007(c)(3) of title 37, United States Code, is amended by adding if the indebtedness of a member of the uniformed services to the United States occurs, through no fault of the member, as a result of the overpayment of pay or allowances to the member or upon the settlement of the member’s accounts, the Secretary concerned may not recover the indebtedness from the member, including a retired or former member, using deductions from the pay of the member, deductions from retired or separation pay, or any other collection method unless recovery of the indebtedness commences before the end of the 10-year period beginning on the date on which the indebtedness was incurred. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180015582 5