ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 12 July 2019 DOCKET NUMBER: AR20180016969 APPLICANT REQUESTS: an Exception to Policy (ETP) for bonus recoupment resulting from unsatisfactory participation in the National Guard APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-authored letter * ETP Recommendation Letter * NGB Form 22 (National Guard Report of Separation and Record of Service) FACTS: 1. The applicant states that he would like to request an ETP to reverse the decision made by the National Guard resulting in the recoupment of a previously awarded bonus. a. He deployed from 11 February 2012 until October 2012 wherein he was medically evacuated from theater and further assigned to the Warrior Transition Brigade at Fort Knox, KY. The applicant returned to his home duty station in January of 2013 to receive subsequent care at the VA hospital in Chicago. He was advised that the 444th Chemical Company would be in contact with him once he returned home. In absence of this communication, he continued to perform duties with the 135th Chemical Company starting in June of 2013. b. On 21 October 2016 he received a letter in the mail advising him of a debt associated with his absent without leave (AWOL) status. He further states that he was only aware of one other instance of being deemed AWOL and that was in May of 2013 in which he relocated from his mother’s apartment into a new location possibly resulting in delayed mail correspondence. This relocation placed the applicant approximately 2.5 hours away from his unit of assignment and without transportation he was unable to attend his first post deployment drill requirement. He requested excusal from this requirement through his chain of command. c. He was medically retired on 27 April 2016. The debt being assessed has created a financial hardship. The Internal Revenue Service has retained his 2018 tax refund and impacted his credit score significantly. 2. The applicant provides an ETP recommendation letter dated 28 December 2017 from Captain (CPT) H_, Operations Officer from the Headquarters Company, 404th Maneuver Enhancement Brigade requesting a reversal to the decision made by the National Guard resulting in the recoupment of the applicant’s bonus. a. At the time of the applicant’s discharge, CPT A_H_ served as his commander within the 135th Chemical Company, and he further provides the following sequence of events occurring after the applicant was medically retired: * DFAS notification of debt related to bonus incentive recoupment and other miscellaneous debts * applicant seeks assistance from former unit Readiness NCO regarding debt collection of $6,818.00 * research determined that $4,722.22 was directly related to the incentive bonus recoupment * Soldier’s personnel/finance records indicate a total of 10 unsatisfactory codes related to missed mandatory unit training assemblies (MUTA) b. The applicant deployed on 11 February 2012 with the 444th Chemical Company. After redeploying, he was transferred to the 135th Chemical Company on 16 April 2013. He failed to report to his first MUTA on 4-5 May 2013 resulting in the issuance of 2 unsatisfactory codes. He reported to the unit in June 2013 with a medical note requesting excusal from the previously missed MUTA 2. The initial decision to issue an unsatisfactory code was made without the historical information associated with his previous unit and the magnitude that this would have on his bonus incentive. Later on, in 2013, the applicant was given a temporary profile from the Illinois Surgeon General precluding his attendance at all subsequent MUTA’s beyond May 2013. Prior to receiving this notification, the applicant’s attendance was in compliance. Following this determination, the applicant continued to effectively communicate with his leadership until he was medically retired. c. In review of the applicant’s assignment history, it is noted that he redeployed from overseas on 4 January 2013. He received unsatisfactory codes for the months of March and April. Both of these dates would be inclusive of the 90 day stability period normally afforded to Soldiers post deployment. d. Upon assignment to the 135th Chemical Company, CPT H_ determined that due to the applicant’s current behavioral health concerns, he was no longer fit to perform the duties associated with his military occupational specialty (MOS). Based on the aforementioned circumstances and chronological sequence of events, CPT H_ recommends approval of an ETP resulting in the termination of the unsatisfactory participation codes and bonus debt recoupment currently resulting in the financial hardship of the applicant. 3. A review of the applicant’s service record reflects the following on: * 4 October 2008 – enlisted, with a bonus, in the United States Army National Guard (ARNG) * 7 July 2009 – entered active duty * 17 December 2009 – separated from active duty and returned to the ARNG * 4 October 2010 – promoted to specialist in the 135th Chemical Company * 1 December 2014 – administratively reduced to private first class due to erroneous promotion in the 135th Chemical Company * 6 April 2012 – deployed to Kuwait with 444th Chemical Company * 30 October 2012 – redeployed/medical evacuation to hospital at Ft. Knox, KY * 6 November 2012 –assigned to Warrior Transition Brigade (WTB) at Ft. Knox, KY * 16 April 2013 – released from WTB and transferred back to the 135th Chemical Company * 24 March 2016 (Order # D084-33) - permanent disability notification from the Physical Disability Agency * 27 April 2016 (Order #152-1010) - honorably discharged (medically) from the ARNG and placed on the permanent disability retirement list effective 28 April 2016; credited with 7 years, 6 months and 24 days of service on his NGB Form 22 4. NGB Form 600 (Annex E to DD Form 214) Non-Prior Service Bonus Addendum related to a critical skill MOS. Section III (Payments) states that enlistment bonus payments will be as follows: * $20,000 enlistment bonus less taxes * 50% bonus entitlement, less taxes upon completion of initial entry training and MOS awarding * 50% bonus entitlement on the 36th month anniversary of initial enlistment date 5. Section V (Termination without Recoupment) states that termination from bonus eligibility criteria, without recoupment, is as follows: * failure to become a secondary school graduate * accept a military technician position and on the effective date of orders have served 6 months of the incentive contract term * accept a Title 10 or Title 32 AGR tour position and on the effective date of orders have served 6 months of the incentive contract term * become a participant in the SMP/ROTC advanced course or receive an ROTC scholarship position and on the effective date of orders have served more than 1 year of the incentive contract term * accept a commission as an officer or appointment as a warrant officer and have served more than 1 year of the incentive contract term * do not become qualified in or awarded as primary the MOS required for the position within 36 months of transfer due to unit inactivation, reorganization or relocation 6. Section VI (Termination with Recoupment) states that bonus eligibility will be terminated with recoupment under the following conditions: * accumulation of 9 unexcused absences within a 12 month period * failing to attend a complete annual training without commander approval * accept a military technician position and on the effective date of order not have served at least 6 months * accept a Title 10 or Title 32 AGR tour and on the effective date of my orders have not served at least 6 months of the incentive contract term * fail to extend within 30 days of my return to active status for any time served in the * exceed maximum time in the Illinois National Guard * voluntarily transfer into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment * do not become qualified in or awarded as primary the MOS required for assigned position within 36-months of transfer due to unit inactivation, reorganization, or relocation * separate from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of my own misconduct * become a participant in the SMP/ROTC advanced course or receive an ROTC scholarship and have not served more than one year of the enlisted incentive contract term * accept a commission as an officer or appointment as a warrant officer and have served more than one year of the enlisted incentive contract term 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, his service record, the terms of his incentive, his deployment, medical evacuation/treatment and assignment to a WTB, his return to his unit and subsequent medical retirement. The Board considered the circumstances of his unexcused absences and his Commander’s request for and ETP to retain his bonus. The Board found that the applicant completed the required periods of service to be issued his bonus payments and determined that due to his medical evacuation and subsequent retirement, recoupment of his bonus would be unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :XXX :XXX :XXX 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: - Showing that the applicant retained his eligibility for the entirely of his enlistment incentive, and; - That he be reimbursed any monies recouped up to the total amount of the incentive he received. 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: 1. NGB Form 600 (Annex E to DD Form 214) Non-Prior Service Bonus Addendum related to a critical skill MOS. Section III (Payments) states that enlistment bonus payments will be as follows: * $20,000 enlistment bonus less taxes * 50% bonus entitlement, less taxes upon completion of initial entry training and MOS awarding * 50% bonus entitlement on the 36th month anniversary of initial enlistment date 2. Section V (Termination without Recoupment) states that termination from bonus eligibility criteria, without recoupment, is as follows: * failure to become a secondary school graduate * accept a military technician position and on the effective date of orders have served 6 months of the incentive contract term * accept a Title 10 or Title 32 AGR tour position and on the effective date of orders have served 6 months of the incentive contract term * become a participant in the SMP/ROTC advanced course or receive an ROTC scholarship position and on the effective date of orders have served more than 1 year of the incentive contract term * accept a commission as an officer or appointment as a warrant officer and have served more than 1 year of the incentive contract term * do not become qualified in or awarded as primary the MOS required for the position within 36 months of transfer due to unit inactivation, reorganization or relocation 3. Section VI (Termination with Recoupment) states that bonus eligibility will be terminated with recoupment under the following conditions: * accumulation of 9 unexcused absences within a 12 month period * failing to attend a complete annual training without commander approval * accept a military technician position and on the effective date of order not have served at least 6 months * accept a Title 10 or Title 32 AGR tour and on the effective date of my orders have not served at least 6 months of the incentive contract term * fail to extend within 30 days of my return to active status for any time served in the * exceed maximum time in the ING. Recoupment will be calculated from the date of transfer into the Illinois National Guard * voluntarily transfer into a non-critical skill MOS or transfer from the unit for which the bonus was awarded upon enlistment * do not become qualified in or awarded as primary the MOS required for my position within 36-months of transfer due to unit inactivation, reorganization, or relocation * separate from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of my own misconduct * become a participant in the SMP/ROTC advanced course or receive an ROTC scholarship and have not served more than one year of the enlisted incentive contract term * accept a commission as an officer or appointment as a warrant officer and have served more than one year of the enlisted incentive contract term ABCMR Record of Proceedings (cont) AR20180016969 7 1