IN THE CASE OF: BOARD DATE: 23 November 2021 DOCKET NUMBER: AR20210006866 APPLICANT REQUESTS: an Exception to Policy (ETP) resulting in the retention of her entitlement to the Reenlistment Extension Bonus (REB) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self -authored letter * Memorandum – Subject: Notification of Incentive Discrepancy and ETP Process, dated 20 April 2020 * Memorandum – Subject: Request for Incentive ETP, dated 1 May 2020 * Memorandum – Subject: Request for ETP for REB, dated 11 June 2020 * DA Form 2823 (Sworn Statement), dated 29 July 2020 FACTS: 1. The applicant states that on 21 June 2017, she extended her enlistment contract as a 68W (Medical Specialist) with the Connecticut Army National Guard (CTARNG) with entitlement to a REB to be paid out in one lump sum. She contests that in early 2019, she started a new job as a Registered Nurse. She was later informed that she, and other 68W's would be losing their 68W Military Occupational Specialty (MOS) for failing to complete the required training hours to sustain their MOS. She attended every Battle Assembly (BA) and fulfilled all training requirements during these events. On 1 May 2020, the National Guard Bureau (NGB) denied her request for an ETP and she would like for an investigation to be conducted concerning the events leading up to the loss of her MOS. 2. A review of the applicant's available service records reflects the following: a. On 14 March 2012, the applicant enlisted in the CTARNG for 8 years and was ordered to active duty for training on 13 March 2014. b. On 13 June 2014, the applicant was released from active duty following her completion of the 68W (Medical Specialist) course. c. On 21 June 2017, the applicant extended her initial enlistment by 2 years with entitlement to a $4,000.00 REB incentive resulting in a new Expiration Term of Service (ETS) date of 13 March 2020. Section VI (Termination) of NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – Reenlistment/Extension Bonus Addendum ARNG of the U.S.) provides termination with recoupment of the incentive would occur if the applicant failed to extend to match or exceed the period of service while in an authorized period of non-availability within 90-days of returning back to active drilling status, voluntarily/involuntarily changed her MOS or was placed into an excess position. The effective date of termination is the effective date of her transfer order to the Inactive National Guard (ING) or Individual Ready Reserve (IRR). d. On 20 May 2019, the CTARNG issued Orders Number 140-066 command directing that the applicant be transferred from the Health Care Sergeant position to a "Pending – Enlisted" (00F) 999Y position effective 6 May 2019. e. On 26 June 2019, the CTARNG issued Orders Number 177-094 transferring the applicant from "Pending – Enlisted" (00F) 999Y position to the "Pending – Enlisted ING" position. This move was at the request of the applicant due to personal reasons. f. On 6 December 2019, the CTARNG issued Orders Number 0000112705.00 transferring the applicant to the ING effective 26 June 2019. g. On 16 March 2020, the CTARNG issued Orders Number 000262788.00 discharging the applicant from the ARNG effective 13 March 2020. 3. The applicant provides the following: a. Self-authored letter reflective of the circumstances surrounding the applicant's voluntary election to transfer to the ING wherein the she contests that she was advised by her leadership that the move would not result in the recoupment of funds already paid due to the error that was made by her unit and the extenuating circumstances. At that time, the applicant was working as an Emergency Medical Technician (EMT) in the civilian sector, as well as enrolled in nursing school. She inquired with her chain of command regarding the use of her EMT recertification hours, combined with her on the job hours or her nursing school clinical hours to fulfill any hours that she was short. However, she was advised that this was not permissible. On 8 April 2019, she discussed her options with the chain of command. The discussion included completing her 68W training and Fort Sam Houston, TX, reclassifying into another MOS or going into the ING. The applicant also indicates that on 5 May 2020, she spoke with the Brigade Operations Sergeant Major. He advised her that he had published updated guidance on the 68W training requirement hours for the State and sent this change to the battalion surgeon. The 68W's within her battalion conducted their sustainment training according to the standards provided. They were not informed by the battalion surgeon of any training hour requirement changes. Consequently, they were short on their recertification hours and therefore lost their MOS qualification. b. Memorandum – Subject: Notification of Incentive Discrepancy and ETP Process, dated 20 April 2020, reflective of the applicant's receipt of a notification concerning a noted discrepancy with the REB incentive. Paragraph 2b. indicates that the applicant entered into a period of non-availability during her contractual obligation (transferred into the ING) effective 26 June 2019 and later discharged without resumption and reinstatement. Recoupment of $1,500.00 was directed. c. Memorandum – Subject: Request for Incentive ETP, dated 1 May 2020, reflective of the applicant's request for relief from monetary recoupment of her REB. d. Memorandum – Subject: Request for ETP for REB, dated 11 June 2020, reflective of the NGB denial of the applicant's request to retain her REB citing that she failed to extend for the period of non-availability within the required time period prior to separating from the ARNG which violates Army Regulation (AR) 601-210 (Regular Army and Reserve Components Enlistment Program), paragraph 10-7b(3). The State Incentive Manager was directed to terminate the applicants REB incentive with recoupment effective 26 June 2019, the date that she transferred into the ING. e. DA Form 2823, dated 29 July 2020, reflective of Sergeant Major (SGM) S_ (formerly the applicants Battalion Operations SGM) account of the events surrounding the potential loss of MOS qualification for 68W's, to include the applicant. SGM S_ recalls advising the command of the impacted Soldiers and what the course of action would be. He also recalls the battalion surgeon seeking clarification concerning the use of the applicant's civilian credentials as an EMT to meet the MOS requirements. The battalion proposed that impacted Soldiers either obtain a new MOS or transfer into the ING. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was warranted. Board members noted that the applicant the applicant entered into a period of non-availability during her contractual obligation (transferred into the ING) effective 26 June 2019 and later discharged without resumption and reinstatement. Recoupment of $1,500.00 was directed. She submitted an ETP but that was denied by the NGB because she failed to extend for the period of non-availability within the required time period prior to separating from the ARNG. The incentive was terminated with recoupment effective 26 June 2019, the date that she transferred into the ING. Board members reviewed the evidence and her statement. She states she was advised by her leadership that the move to the ING would not result in the recoupment of funds already paid due to the error that was made by her unit and the extenuating circumstances. She inquired with her chain of command regarding the use of her EMT recertification hours, combined with her on the job hours or her nursing school clinical hours to fulfill any hours that she was short. However, she was advised that this was not permissible. She clearly utilized her chain of command in an effort to resolve the issue. Board members believed she was improperly counseled and should not have had to lose her incentive. . 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 and Army National Guard records of the individual concerned be corrected by showing the National Guard Bureau approved her Exception to Policy (ETP) to retain the Reenlistment/Extension Bonus (REB) and relief from any monetary recoupment of her REB, following notification of an incentive discrepancy and termination. 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. AR 601-210 (Regular Army and Reserve Components Enlistment Program), Paragraph 10-7 (Reinstatement of Incentives) provides that reinstatement and resumption of subsequent incentive payments following a period of authorized non- availability is not guaranteed. Soldiers who complete a period of non-availability and request reinstatement of eligibility for incentives and resumption of subsequent payments must extend their contract, enlistment, or reenlistment agreement within 90 days after completing the period of non-availability, in order to serve out the full incentive contract period in the Selected Reserve. A Soldier who complies will be entitled to payments resumed on the adjusted anniversary date of satisfactory creditable Selected Reserve service, provided funding is available. Paragraph 10-8 (Termination of Incentives) provides that entitlement to an incentive will be terminated when a Soldier separates from a Selected Reserve unit or the IRR of the USAR or ARNG for any reason. Separation includes discharge or transfer to the IRR, ING, Standby, or Retired Reserve. 2. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 United States Code (USC), section 4837, the Secretary of the Army may remit or cancel a Soldier's debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10, USC, section 4837 when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210006866 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1