IN THE CASE OF:  BOARD DATE:  3 August 2021 DOCKET NUMBER:  AR20210005792 


APPLICANT REQUESTS:  repayment of reenlistment bonus in the amount of $10,000.00 that was recouped. 

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


28 January 2013
.National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or


DA Form 4836 Reenlistment/Extension Bonus (REB) Addendum Army NationalGuard (ARNG) or the United States)
.Joint Force Headquarters (JFHQ), Minnesota (MN) Orders Number 183-1043,dated 2 July 2018

.JFHQ, MN Orders Number 212-1014, dated 31 July 2018

.JFHQ, MN Orders Number 213-1002, dated 1 August 2018



FACTS: 

1.The applicant states in effect, that on 28 January 2013 he reenlisted for a bonus forMilitary Occupational Specialty (MOS) 13T (Field Artillery Surveyor/MeteorologicalCrewmember) and then in 2017 MOS 13T was deleted from the Army's inventory. Dueto the deletion of this MOS, he was involuntarily forced to find a different MOS, hechose to reclassify to MOS 13B (Cannon Crewmember). His reassignment order thatplaced him in a unit and position of MOS 13B was incorrectly published stating that hevoluntarily requested the action. This error caused recoupment of his bonus, eventhough the order was amended to state the action was involuntary due to unitreorganization. He requests that he be paid back the portion of his bonus that wasrecouped.

2.A review of the applicant's service record shows:

a.He enlisted in the Army National Guard of the United States (ARNGUS) on
31 August 2004 with a bonus in the MOS 13S (Field Artillery Surveyor). 

b.On 2 September 2004, Orders Number 4246010, issued by the Military EntranceProcessing Station (MEPS) Fort Snelling, MN, the applicant was ordered to active duty for training on 6 October 2004 for the completion of Basic Combat Training (BCT) and Advanced Individual Training (AIT). 

c.On 19 January 2005, Orders Number 019-401, issued by HQs, U.S. Army FieldArtillery Center and Fort Sill, OK, the applicant was awarded MOS 13S. 

d.The applicant was honorably released from active duty on 3 March 2005.
DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he completed 4-months and 28-days of active service. 

e.On 20 July 2012, Orders Number 202-1016, issued by JFHQ, MN, the applicantwas awarded MOS 13T and MOS 13S was withdrawn, effective 19 August 2010. 

f.The applicant reenlisted in the ARNGUS for 6-years on 28 January 2013. NGBForm 600-7-3-R-E shows that in order to be eligible for a MOS bonus he must: 

.Be primary position holder for the Duty MOS (DMOS)

.If non-DMOS qualified, he must become DMOS qualified within 24-months fromthe date of the contract

.Must be in the pay grade of E-7 or below on the date of the contact

.Must have less than 13-years' Time in Service (TIS) at the time of the contract

.Reenlisted with 365-days of current Expiration Term of Service (ETS)

.Must not have an active suspension of favorable personnel action

.Not currently serving on Title 10 or Title 32 Active/Guard Reserve (AGR) tour

.The addendum must be signed on the same date as the execution of the DAForm 4836

.The Bonus Control Number (BCN) be approved on the date of the contract

.Must not have one or more unexcused absences within 3-months of the date ofthe contract

.Agreed to reenlist for a period of 6-years in MOS 13T

.Bonus was in the amount of $10,000.00 as a lump sum payment

.He would be eligible for continued receipt of bonus if his MOS was changed dueto unit transition, inactivation, relocation, reorganization, or conversion, providedmeeting all other eligibility criteria

.May be terminated from bonus eligibility with recoupment for any of the followingreasons:



.Bonus addendum signed before or after the execution of the DA Form 4836

.Voluntarily change bonus MOS during contractual obligation unless assignedas in Officer Candidate School (OCS), termination date will be effective dateof transfer order


.Separated from ARNGUS due to death, injury, illness, or other impairment asthe result of own misconduct

.Fail to extend for the period of service with in an authorized period of non-availability

.Placed in an over-strength status due to unit inactivation, relocation,reorganization, or conversion

.Discharged due to an adverse action

.Have two consecutive record Army Physical Fitness Tests (APFT) and/or twoconsecutive failures to meet body fat standards with in the term of thecontract

.Fail to maintain medical and dental readiness

.Lose MOS qualification due to denial/removal of required security clearance

.Separated from ARNGUS for enlistment into the Active Component of theArmed Forces

.Fail to become MOS qualified within 24-months from date of transfer tobecome DMOS qualified

.Transfer out of current bonus MOS into a non-DMOS qualified MOS

.Voluntarily retire from active drilling status

.Voluntarily separated due to pregnancy

.Fail to serve at least 3-years of bonus contractual agreement

.Discharged as a result of own misconduct



.Recoupment amount will be based on total bonus divided by number of monthcontracted, multiplied by the number of months' service prior to separation

.May be terminated from bonus eligibility without recoupment for any of thefollowing reason:



.Served at least 1-day past contract start date and become a SimultaneousMember Program (SMP) cadet or accepted in the Reserve Officers' TrainingCorps (ROTC) or contract for an Officer Accession Bonus or accepted anAGR or Military Technician permanent position

.Involuntarily ordered to retire

.Separated due to sole survivorship

.Involuntarily separated from the ARNG due to unit inactivation, relocation,reorganization, transformation, or directed reduction in force

.Discharged due to injury or illness that occurred or detected while assigned inthe traditional drilling status and was not the result of own misconduct

.Discharged due to hardship



g.On 20 September 2017, Orders Number 263-1115, issued by JFHQ, MN, theapplicant was awarded primary MOS 13T and secondary MOS 13B (Cannon Crewmember), effective 22 August 2017. 
h.On 22 March 2018, Orders Number 081-1069, issued by JFHQ, MN, theapplicant was voluntarily transferred to A Battery, 1st Battalion, 151st Field Artillery (FA) Regiment, effective 30 March 2018 as section chief, MOS 13B. The additional instructions show that Selected Reserve Incentive Program (SRIP) was not terminated. The action was "voluntary." 

i.On 1 August 2018, Orders Number 213-1002, issued by JFHQ, MN, the applicantwas involuntarily transferred to A Battery, 1st Battalion, 151st FA Regiment, effective  
30 March 2018 as section chief in MOS 13B. The reason for the assignment was due to inactivation, reorganization, or relocation. The additional instructions shown that the SRIP was not terminated. The action was "involuntary." 

j.On 5 April 2018, Orders Number 095-1004, issued by JFHQ, MN, the applicantwas awarded primary MOS 13B and primary MOS 13T was withdrawn, effective 
4 April 2018. 

k.On 2 July 2018, Orders Number 183-1043, issued by JFHQ, MN, Orders Number081-1069 was amended to read SRIP was terminated and recouped effective
30 March 2018.

l.On 31 July 2018, Orders Number 212-1014, issued by JFHQ, MN, OrdersNumber 081-1069 was revoked. 

BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was warranted.  The applicant’s contentions, the military record, and regulatory guidance were carefully considered.  The Board agreed the evidence provided shows that he involuntarily removed from the MOS before the incentive was recouped.  Therefore, the Board determined he should be refunded the money taken as a result. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

:XX :XX :XX 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 by showing he was authorized to retain the bonus, and reimbursing him the money that was recouped when the bonus was terminated. 




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.National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs),prescribes policies and procedures for the administration of the Army National Guard ofthe United States (ARNGUS) incentive programs. These programs include: Non-PriorService Enlistment Bonus (EB), Reenlistment/Extension Bonus (RB), Affiliation Bonus(AB), Student Loan Repayment Program (SLRP), Civilian Acquired Skills Program(CASP), and Prior Service Enlistment Bonus.

a.Paragraph 1-11 (Personnel movement between ARNG units), a. Soldiersinvoluntarily transferred (due to unit inactivation, reorganization, or relocation) will be governed by the following: (1) Those who contracted for a bonus should be transferred into positions coded for their current MOS, or one within allowable substitution rules, or another critical skill and bonus unit, if possible. (2) Only if the above cannot be accomplished will a Soldier be allowed to transfer into any unit or MOS vacancy (with the exception of TDA units.). (3) Soldiers who are transferred into a MOS in which they are not qualified will have 24 months to become qualified in and awarded the MOS for their position or incentives will be terminated without recoupment. (4) Soldiers who decline a command directed reassignment, will have their incentive entitlement(s) terminated with recoupment under the following circumstances: (a) If the reassignment is within reasonable commuting distance, as defined by AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Procedures). (b) If the Soldier was already commuting beyond reasonable commuting distance and the command directed reassignment is within that distance. 
 
 b.  Paragraph 1-20 (Termination), a. A Soldier's incentive eligibility and entitlement stop when any of the termination reasons listed within the applicable chapters of this regulation apply. Although the Soldier's entitlement to the incentive is terminated, the 
Soldier's responsibility to serve the current statutory or contractual obligation remains. 
b. Once a Soldier has been terminated, reinstatement of eligibility is not authorized. 
c. The unit commander or an authorized unit representative will initiate termination procedures when a Soldier is terminated from an incentive. 
 
 c.  Paragraph 1-21 (Recoupment). a. The conditions under which recoupment is warranted and the computation for the amounts to be recouped are prescribed in the chapter for each incentive. b. The Office of the Comptroller of the Army will issue specific collection procedures for the recoupment of incentive payments. c. The Incentive Manager, upon approval by the Military Personnel Office, is responsible for initiation of recoupment procedures when a Soldier is terminated from an incentive and recoupment is required. d. Refunds made by a Soldier under recoupment procedures will not affect the Soldier's period of obligated service in the ARNG. 
 
 d.  Paragraph 3-3d (Eligibility) states an immediate reenlistment or extension bonus may be awarded to an ARNG Soldier who is qualified in and awarded the MOS for his/her position in a valid MTOE position in a bonus unit at the time the reenlistment or extension takes effect (the date of the oath of enlistment for an immediate reenlistment; the first day of the extended period of service for an extension). Soldiers not MOSQ due to a reorganization, inactivation, or relocation within the past 12 months may be re-enlisted/extended for bonus. If a Soldier is awarded an extension bonus based on this qualification, their initial bonus payment will not be made until they are MOS qualified. They must be MOSQ and awarded the MOS as their primary MOS within 24 months of assignment to the new MOS position or the bonus will be terminated. 
 
 e.  Paragraph 3-9 (Termination without recoupment), terminate entitlement and eligibility for the Reenlistment Bonus when one of the conditions listed below occurs. Compute the Soldier's entitlements and pay to the soldier any amount due per paragraph 3-11. Do not recoup any amounts paid. Provide the termination notice and amount due, if any, when the Soldier, subparagraph d, Soldiers who are reenlistment /extension bonus recipients and are transferred due to a reorganization, inactivation, or relocation must become MOSQ and awarded the MOS as their primary MOS within 24 months of assignment to the new MOS position. If the Soldier does not become MOSQ the bonus will be terminated without recoupment. Termination will be effective 24 months after the date of reorganization, inactivation, or relocation, or a Soldier who has been transferred due a reorganization, inactivation, or relocation within the last 12- months and is non-MOSQ may be reenlisted or extended for a bonus. The Soldier must be MOSQ and awarded the MOS as the primary MOS within 24 months of assignment 
to the new MOS position or the bonus will be terminated with recoupment if payment was made. 
 
 f.  Paragraph 3-10 (Termination with recoupment), 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: Voluntarily transfers to a non-bonus unit as of the effective date of transfer or does not become qualified in and awarded as primary the MOS for their position within 24 months after a voluntary transfer into another MOS effective to the date of transfer from the contracted MOS. 
 
2.  NGR 600-200 (Enlisted Personnel Management), establishes standards, policies, and procedures for the management of the Army National Guard (ARNG) and the Army National Guard of the United States (ARNGUS) enlisted Soldiers in the functional areas of: classification and reclassification, personnel management, assignment and transfer, including interstate transfer, Special Duty Assignment Pay (SDAP), enlisted separations, and Command Sergeant Major Program. 
 
 a.  Paragraph 4-7g (Reassignment due to unit inactivation or relocation), Soldiers whose units are inactivated or relocated will be separated and transferred to the Individual Ready Reserve (or concurrently discharged, as appropriate) or transferred to the Inactive National Guard, if: (1) They now live beyond reasonable commuting distance of their unit, unless they agree in writing to waive the distance or travel time. (2)  There is no other unit within reasonable commuting distance in which they can be properly utilized. 
 
 b.  Paragraph 4-8 (Mandatory assignment), Soldiers who are obligated by statute or contract may be involuntarily assigned to unit MTOE/TDA position vacancies providing the involuntary travel conditions in AR 135-91, paragraph 5-5 are met. However, Soldiers may voluntarily accept assignments beyond those limits. 
 
 c.  Paragraph 6-11 (Recoupment of unearned Selected Reserve Incentive Program (SRIP) payments), under certain separation conditions (See AR 135-7 or NGR 600-7), the recoupment of unearned portions of monetary incentives, which were paid in advance to the Soldier, is required. Commanders and personnel officers will ensure that all recoupment actions are completed prior to final separation of the Soldier. 
 
//NOTHING FOLLOWS//