IN THE CASE OF: BOARD DATE: 31 January 2022 DOCKET NUMBER: AR20210009842 APPLICANT REQUESTS: exception to policy for payment of a reenlistment/extension bonus (REB) under Army National Guard Selected Reserve Incentives Program (SRIP). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record), 16 September 2020 * extract, Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program), 31 August 2016 * email to applicant, Army national Guard (ARNG),18 July 2018 * NGB Form 600-7-4-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus (REB) Addendum ARNG), 12 October 2018 * memorandum, ARNG, 22 January 2020 (Notification of Incentive Recoupment and Exception to Policy Process) * memorandum, Applicant, 665th Support Maintenance Company, ARNG, 18 February 2020 (Incentive Recoupment and Exception to Policy Response for (Applicant)) * memorandum, Company Commander, 665th Support Maintenance Company, ARNG, not dated (Applicant Bonus Payments) * memorandum, National Guard Bureau, 6 May 2020 (Request for Exception to Policy fore REB (Applicant)) FACTS: 1. The applicant states he signed a 6 year duty military occupational specialty qualification (DMOSQ) REB in consideration of $20,000.00. His incentive was to be paid in two installments. The first installment would be processed the day after his current ETS upon verification of his MOS and unit assignment qualification in GIMS (Guard Incentives Management System). The second installment would be process on the 4 year anniversary of his contract start date provided the first installment was processed. On 21 March 2019, he accepted a commission as a second lieutenant (2LT) in the ARNG from his previously completed OCS (Officer Candidate School). Due to not receiving his first installment before getting commissioned, he was advised to submit an exception to policy memorandum. On 6 May 2020, he received a disapproval memorandum from the NGB. 2. A review of the applicant's service records shows: a. On 24 March 2006, he enlisted in the ARNG for a period of 7 years and 36 weeks at grade/pay grade private first class/E-3. b. On 27 August 2010, he completed his Bachelor of Science degree at (State) University. On 30 March 2011, he was promoted to Sergeant/E-5. c. On 14 August 2015, he was honorably discharged from the ARNG in order to accept an appointment as Reserve Commissioned Officer in the Quartermaster Corps. His NGB Form 22 (National Guard Report of Separation and Record of Service) shows he completed 9 years, 8 months, and 7 days of net service this period. His grade/pay grade was sergeant/E-5. d. On 15 August 2015, he was appointed a Reserve Commissioned Officer in the Quartermaster Corps and assigned to Forward Support Company, 153rd Engineering Battalion, ARNG in the duty assignment of platoon leader. e. The Office of the Adjutant General, ARNG: * released him from his assignment as a platoon leader, Forward Support Company, 153rd Engineering Battalion and reassigned him to operations officer, Company A Dist,139th Brigade Support Battalion, effective 1 June 2016 * reassigned him as a platoon leader, Company A Dist, 139th Brigade Support Battalion, ARNG, effective 1 June 2016 * reassigned him as an operations officer, Company A Dist., 139th Brigade Support Battalion, effective 1 September 2016 f. On 26 September 2017, ARNG, relieved him from his duty position, operations officer and g. On 26 September 2017, he was honorably discharged from the ARNG by reason of resignation. His NGB Form 22 shows he completed 2 years, 1 month, and 13 days of net service this period. h. On 27 September 2017, he enlisted in the ARNG for a period of 1 year at grade/pay grade/ sergeant/E-5. i. On 12 October 2018, he signed a 6-year extension. In connection with his reenlistment/extension, he elected a REB (NGB Form 600-7-4-R-E, 12 October 2018). He understood, in part: (1) He must be within 365-1 days of his ETS date on the contract signature date. He was currently 14 days from his ETS. (2) He was reenlisting/extending for the 6 year DMOSQ REB and would receive a total amount of $20,000. His incentive would be processed in two installments. The first 50% payment would be processed the day after his current ETS upon verification of his MOS and unit of assignment qualification in GIMS. The second 50% payment would be processed on the fourth year anniversary of his contract start date provided installment 1 was previously processed. (3) He would not receive payment if he did not meet all eligibility requirements on his contract after his current ETS. This contract would be verified by the State Incentive Manager prior to his payment being processed. j. On 21 March 2019, he accepted an appointment as a Reserve Commissioned Officer. On the same day he completed his oath of office. k. He is presently on active duty. 3. On 22 January 2020, by memorandum, the ARNG notified him that a discrepancy was discovered with his bonus needing resolution to avoid eligibility termination. The reason given for the recoupment was his transfer to the officer corps. The recoupment amount, final payment amount was shown as $1,111.11. The termination date was 21 March 2019 (date he became an officer). It further notified him he may be eligible for an exception to policy if he requested an ETP from the State Education/Incentives Officer within 45 days. He acknowledged receipt of the notification memorandum from the ARNG. 4. On 18 February 2020, he requested an ETP by memorandum to the ARNG. His request reads, in part: a. He is asking for an exception to policy on my Reenlistment/Extension Bonus (REB). On 12 October 2018, he executed a six year DMOSQ $20,000 REB. This reenlistment was executed on NGB Form 600-7-4-R-E dated 01 October 2018. b. Per Section Two (Eligibility) of the REB, he met all thirteen rules of eligibility at the time of signing. Per section three (Bonus Amount and Payment) of the REB, rule one states, his incentive will be processed in two installments. The first 50% ($10,000) will be processed the day after his current ETS. While the second 50% payment will be processed on the fourth year anniversary of his contract start date. He never received the first $10,000 as a normal career progression occurred 21 March 2019, as he was transferred to the Officer Corps and that would not be a reason for recoupment or partial payment of first $10,000. c. He has attached an undated memorandum from his Company Commander, 665th Support Maintenance Company, detailing his decision for resigning his commission in 2017. 5. On 6 May 2020, the National Guard Bureau (NGB) disapproved his request. An NGB memorandum provided to the ARNG State Incentive Manager, reads, in part: a. An ETP to retain the $20,000.00 REB is disapproved for the discrepancy: received an enlistment bonus that was not terminated upon commissioning which violates Army Regulation (AR) 601-210, 10-9c (2). b. The contract/agreement details are as follows: * date of agreement/enlistment, 12 October 2018 * contract bonus, $20,000.00 * contract AOC/MOS, 88M * current AOC/MOS, OOD c. The discrepancy violated Army Regulation and the ARNG does not have authority to approve the request to retain the incentive. The State Incentive Manager will terminate the incentive with recoupment effective the date of Commission, 7 October 2019. This will result in a final payment for the Soldier. (Note: His DA Form 71 shows a date of commission of 21 March 2019). 6. By Regulation (AR 601-210, Regular Army and Reserve Components Enlistment Program), paragraph 10-9c, commanders will not recoup for acceptance of an immediate appointment as a commissioned officer or warrant officer in any component of the Army excluding the IRR or ING. An enlisted Soldier accepting an appointment as a commissioned officer or warrant officer is not subject to recoupment of any enlistment or reenlistment bonus, including lump sums. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, military record, and regulatory guidance were carefully considered. In accordance with applicable regulatory guidance, upon the applicant accepting an appointment as a commissioned officer, he became ineligible for any bonus payments. Based on the preponderance of the evidence available for review, the Board determined the evidence presented insufficient to warrant a recommendation for relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Army Regulation 601-210 (Regular Army and Reserve Components Enlistment Program), prescribes eligibility criteria governing the enlistment of persons, with or without prior service, into the Regular Army, the U.S. Army Reserve, and the Army National Guard. It provides policies and procedures to process applicants for enlistment in the RA Delayed Entry Program and on delayed status, and the USAR Delayed Training Program). a. Paragraph 10-9, Recoupment of incentives. Recoupment conditions in this paragraph cover all incentives. Members who are not granted relief through the waiver process for incentives received must refund a pro-rata amount to the Government when termination is due to reasons outlined in paragraph 10–8. The only exceptions are cases in which prorated recoupment is not authorized in paragraph 10–9c. Commanders will refer to the respective Army component (USAR/NGB) G–1 office most directly responsible for recruiting and retention (pay grade O–6 or civilian equivalent or higher) for resolution and consideration for waiver or exception. Cases considered for waiver or exception are those in which recoupment would be contrary to personnel policy or other management objectives, against equity or good conscience or contrary to the best interests of the United States, and clearly in the best interest of the Army. b. Paragraph 10-9c(2), commanders will not recoup for acceptance of an immediate appointment as a commissioned officer or warrant officer in any component of the Army excluding the IRR or ING. An enlisted Soldier accepting an appointment as a commissioned officer or warrant officer is not subject to recoupment of any enlistment or reenlistment bonus, including lump sums. 2. Fiscal Year 2019 SRIP Policy, is effective 1 October 2018 and will expire when rescinded or superseded. The yearly SRIP policy assists leadership in meeting ARNG readiness requirements. It provides recruiting and retention incentives to assist in filling critical shortages in those situations where other less costly methods have proven inadequate in supporting unit and skill staffing requirements. a. Method of Payment. Six year DMOSQ/Non-DMOSQ (2 installments): (Initial) 50% processed upon reporting DMOSQ to unit of assignment and recorded in GIMS. (Non- DMOSQ must become qualified in contracted MOS within 24 months). (2nd) 50% processed upon 4th year anniversary calculated by Date of Enlistment. b. Termination without Recoupment. A Soldier who serves at least 1 day past the initial contract start date and receives an officer accession bonus control number. The effective date of termination is the day prior to being commissioned as an Officer/Warrant Officer. //NOTHING FOLLOWS//