ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 September 2019 DOCKET NUMBER: AR20190002121 APPLICANT REQUESTS: .termination of recoupment of his Prior Service Enlistment Bonus .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 .DD Form 4/1 (Enlistment/Reenlistment Document Armed Forces of the UnitedStates) .Prior Service Enlistment Bonus Addendum FACTS: 1.The applicant states: .the National Guard claims he voluntarily transferred out of his MilitaryOccupational Specialty (MOS) in October 2008 .he was contracted in an specific MOS to be eligible for an enlistment bonus .the transfer from the MOS violates Army National Guard (ARNG) SelectiveReserve Incentive Program (SRIP) guidelines .he now has a collection of $5,000 .his expiration term of service (ETS) was in the summer of 2013 .the collection action was for March 2017 almost 10 years after the claimedvoluntary transfer and 4 years after his ETS .he volunteered for deployment to Iraq from July 2007 through July 2008 .he returned to his unit after taking leave in the fall of 2008 .during that time, his unit commander erroneously placed him in an excess slotfor a period of time .now his bonus is being collected .the mistake was corroborated by the bonus department of the Colorado ARNGwhen he investigated the letter from Defense Finance and Accounting Service(DFAS) .the Colorado ARNG recommended he file the Army Board for Correction ofMilitary Records (ABCMR) application .he had zero impact or knowledge on being in an excess slot .he should not be reprimanded for the move .he requests termination of the recoupment due to the fact he had no control onhow his unit administrator and commander filled paragraph and line numbers .he served his time honorably, volunteered for deployment, and deployedhonorably .this debt will impact his family negatively and will tarnish how he perceives hisservice and his country 2.The applicant provides his enlistment contract which shows he enlisted in the ARNGon 29 July 2006 for a period of 6 years. The enlistment contract does not indicate whichMOS he enlisted with. 3.The applicant provides his bonus addendum which was signed on 25 July 2006.The bonus addendum states, in pertinent part: .the applicant was qualified in and held the MOS to which he was assigned andhold the rank and grade of the position he was enlisting in .he had not previously received an enlistment bonus .he was not in an excess position .he would receive $15,000 for a 6 year enlistment The bonus addendum does not state the MOS the applicant received the bonus for. The addendum does not state a provision of losing the bonus with recoupment if the applicant was moved from his current position. The bonus addendum is not present in the applicant's service record. 4.The applicant's service records contain a DA Form 4187 (Personnel Action), dated13 February 2007. The DA Form 4187 is not signed by the applicant but is signed bythe Personnel Noncommissioned Officer. The form moves the applicant from hisparagraph and line number where he had the MOS of 13M and moved him to an excessparagraph and line number effective 21 February 2007. The form does not indicate theMOS of the excess position. 5.The applicant's service records contain a DD Form 214 (Certificate of Release orDischarge from Active Duty) which shows he was placed on active duty on23 June 2007 and was released from active duty on 18 May 2008. The DD Form 214shows in item 18 (Remarks) "served in a designated imminent danger pay area" andservice in Kuwait 15 September 2007 through 4 May 2008. 6.The applicant's service records contain a second DA Form 4187, dated 26 October2010. The DA Form 4187 is not signed by the applicant by is signed by the UnitAdministrator. The form moves the applicant from an excess paragraph and line number into a paragraph and line number with the MOS of 13M effective 26 October 2010. 7.The applicant's service records contain an NGB Form 22 (Report of Separation andRecord of Service), which shows he was honorably discharged from the ARNG effective24 July 2013. 8.The applicant provides a memorandum from NGB dated 3 December 2017 regardinga request for ETP. The memorandum states, in pertinent part: .an ETP to retain the $20,000 bonus is disapproved .the state incentive manager will terminate the incentive with recoupment effectivethe date of transfer on 10 October 2008 .the applicant transferred into an excess position 9.Department of Defense Instruction Number 1205.21 (Reserve Component IncentivePrograms Procedures) states in Paragraph 6.6.2, persons whose military specialty ischanged at the convenience of the Government or whose unit is inactivated, relocated,reorganized, or converted (e.g., weapons systems conversion) are entitled to continuereceiving incentive payments provided they meet all other eligibility criteria, and are notseparated from the Selected Reserve. BOARD DISCUSSION: 1.The Board carefully considered the applicant’s request, supporting documents andevidence in the records. The Board considered the applicant’s statement, his record ofservice, the terms of the incentive addendum in his records, the record of personnelactions, the MOS on his DD Form 214 while deployed, the denial of an Exception toPolicy and his service as documented on his NGB 22. The Board found that theapplicant completed his obligated service and was honorably discharged from theARNG. Based on a preponderance of evidence, the Board determined that anexception to policy for the applicant to retain his incentive was appropriate.2.After reviewing the application and all supporting documents, the Board found thatrelief 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show: -The applicant retained his eligibility for the incentive as detailed in the 20060725bonus addendum and should be paid accordingly; -All recoupment actions are terminated, and; -Repayment of any collected monies now due to the applicant as a result of thiscorrection. X 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. REFERENCE: 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.