ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 22 October 2019 DOCKET NUMBER: AR20190001740 APPLICANT REQUESTS: * suspension of bonus incentive termination and recoupment * personal appearance before the Board APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * NGB Form 22-5 (Approval and Acceptance by Service Representative for Interstate Transfer in the Army National Guard (ARNG)) FACTS: 1. The applicant states: * he enlisted in the North Carolina ARNG (NCARNG) in 2008 as a 13F * he reenlisted in the NCARNG as a 13F with a bonus after he completed his first six-year enlistment * he moved to South Carolina and initiated the interstate transfer process * the South Carolina ARNG (SCARNG) advised him the SCARNG no longer had 13F positions available and he would need to reclassify the applicant into a different military occupational specialty (MOS) * he was advised to be reclassified and he was placed in C Company 1/118th Infantry of the SCARNG * after he successfully completed the MOS school for 11B he was informed his bonus and pay would be taken from him, and it was * by the guidance of the SCARNG, the decision was command directed for him to reclassify to 11B due to there no longer being 13F positions * he exhausted all available means to him to resolve this matter * he filed an appeal with the SCARNG to resolve the matter yielding no results * he was not met with assistance from the SCARNG to resolve this matter * he will still be paying on the amount the SCARNG says he owes after his expiration term of service 2. The applicant provides, and his service records contain, an NGB Form 22-5 wherein he voluntarily transferred interstate on 2 May 2015 to the SCARNG. The NGB Form 22-5 states, "place Soldier in position and inform unit that they will need to reclass him." 3. The applicant's service records contain an NGB Form 600-7-3-R-E (Reenlistment/Extension Bonus Addendum ARNG of the United States), dated 28 June 2013. The applicant signed the form and initialed the form stating he understood the context. The form states, in pertinent part: * he is reenlisting/extending for 5 years to receive a reenlistment bonus (REB) in the amount of $10,000 * the REB would be terminated with recoupment if he voluntarily changed his bonus MOS during the contractual obligation * the bonus would be terminated with recoupment if he voluntarily transferred within the state or Interstate Transfer unless he was moved involuntarily 4. The applicant's service records contain a memorandum from National Guard Bureau to the SCARNG State Incentive Manager, subject Request for Exception to Policy (ETP) for Reenlistment/Extension Bonus for the applicant, dated 7 November 2017. The memorandum states, in pertinent part: * the EXP to retain his $10,000 bonus was disapproved * he voluntarily transferred out of the contracted MOS which violates the Department of Defense Instruction 1205.21, paragraph 6.8.3. * ARNG does not have the authority to approve the ETP * The State Incentive Manager will terminate the incentive with recoupment effective the date of the interstate transfer 5. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) states, in paragraph 6.8.3, bonuses will be terminated with recoupment if the Soldier moves to a non-bonus skill or unit unless the move is required by the Reserve Component. 6. ARNG Selected Reserve Incentive Programs (SRIP) Policy for Fiscal Year 13 (Policy Number 13-01) effective 1 January 2013 states: * A Soldier failing to serve in the contracted critical skill MOS for the entire length of the incentive agreement…the termination date will be the date of transfer reflected on the Soldier’s order * A Soldier voluntarily changing his or her critical skill MOS during the contractual obligation, the termination date will be the date of transfer reflected on the Soldier’s order * A Soldier who voluntarily transfers within the State or interstate transfer for reasons other than those under reference 1s, 1h, and 1i, will be governed by the following: o the incentive will be terminated with recoupment if the critical skill MOS change was voluntary; the termination date is the effective date of the transfer o A Soldier who contracted for a critical skill MOS…must upon voluntary transfer, select a vacancy that has the same critical skill MOS or a current vacant State critical skill MOS in order to retain his or her incentives. The Soldier must be assigned as the primary position holder. A Soldier electing a new critical skill MOS will have 24 months from the date of transfer on his orders to become DMOSQ and is not eligible for future scheduled payments until he or she becomes DMOSQ for the new critical skill MOS. A Soldier failing to become DMOSQ within the allotted time will be terminated effective the date on the transfer order. 7. Army Regulation 15-185 (ABCMR) states an applicant is not entitled to a hearing before the ABCMR. Hearings may be authorized by a panel of the ABCMR or by the Director of the ABCMR. 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 record of service, the terms of his reenlistment contract, his move and initiation of an interstate transfer process, the required change to his MOS and the denial of an ETP to retain his bonus. The Board found the applicant initiated his move and was unable to retain his MOS as a result of no available 13F positions in his new location, a circumstance beyond his control. The Board found no evidence that the applicant’s new MOS was a critical skill (MOS). Based on a preponderance of evidence, the Board determined that the applicant served in the contracted MOS for a portion of his reenlistment term and should be entitled to a portion of the bonus commensurate with the length of time served. 2. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 3. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. ? 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: 1. 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 the applicant was entitled to the portion of the incentive commensurate with the amount of time he served in the contracted MOS, and; - that the amount he is entitled to be returned to him if previously collected as a result of the directed termination/recoupment action. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to an ETP for relief from termination and recoupment for the remainder of the incentive paid to him. 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. Department of Defense Instruction 1205.21 (Reserve Component Incentive Programs Procedures) states, in paragraph 6.8.3, bonuses will be terminated with recoupment if the Soldier moves to a non-bonus skill or unit unless the move is required by the Reserve Component. 2. Army Regulation 15-185 (ABCMR), the regulation under which this Board operations, provides that ABCMR members will review all applications that are properly brought before them to determine the existence of an error or injustice, and to direct or recommend changes in military records to correct the error or injustice, if persuaded that a material error or injustice exists and that sufficient evidence exists on the record. The ABCMR will decide cases on the evidence of record; it is not an investigative body. The ABCMR may, in its discretion, hold a hearing. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. ABCMR Record of Proceedings (cont) AR20190001740 3