ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:   BOARD DATE:  18 March 2022 DOCKET NUMBER: AR20210010947 


APPLICANT REQUESTS:  termination of the recoupment action associated with the previously received Non-Prior Service Enlistment Bonus (NPSEB). 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.DD Form 149 (Application for Correction of Military Record)

.National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4, Non-PriorService Bonus Addendum – Army National Guard of the U.S.), dated 25 June 2013

.NGB Form 22-5 (Addendum to DD Form 4 Approval and Acceptance by ServiceRepresentative for Interstate Transfer (IST) in the Army National Guard (ARNG)),dated 8 October 2014

.Personnel Qualification Record – Enlisted, dated 17 October 2014

.Memorandum – Subject: Command Directed Move, dated 20 December 2016

.Memorandum – Subject: Notification of Incentive Eligibility Termination, dated17 July 2018



FACTS: 

1.The applicant states in pertinent part that her reassignment outside of her contractedunit was command directed. Following her IST she remained in her contracted MilitaryOccupational Specialty (MOS) and her bonus was accepted by her gaining unit. Sheargues that in accordance with Army Regulation (AR) 601-210 (Regular Army andReserve Components Enlistment Program), paragraph 10-9 "Commanders will notrecoup when the Soldiers unit is in transition per paragraph 10-5. However, terminationwith recoupment action is required when a Soldier loses his or her position due to unittransition and refuses a reassignment in the Selected Reserve. A Soldier may continueto receive full incentive payment, if otherwise eligible when the Soldier is transferred orreassigned to another Selected Reserve unit of the ARNG."

2.A review of the applicant's available service records reflects the following:

a.On 25 June 2013, the applicant enlisted in the WAARNG for 8 years withentitlement to a $15,000.00 NPSEB incentive associated with MOS 91L (Construction Equipment Repairer) and assignment to C Company, 1st Battalion, 112th Aviation 


Regiment. The bonus would be paid in 3 increments (50 percent upon successful completion of Advanced Individual Training (AIT) – award of MOS, 25 percent on the third anniversary of the enlistment contract and 25 percent on the fifth anniversary of the enlistment contract). NGB Form 600-7-1-R-E, Section 6 (Termination) provides that the service member would be terminated from eligibility for continued receipt of this incentive with recoupment if they voluntarily changed their MOS during the contractual obligation period or if they voluntarily transferred within the state or IST for reasons other than being moved involuntarily. 



b.On 3 December 2013, the U.S. Army Maneuver Support Center of Excellenceissued Orders Number 337-1545 awarding the applicant MOS 91L, effective 


20 December 2013.  

c.On 8 October 2014, the applicant voluntarily transferred interstate fromWashington to Utah. NGB Form 22-5, Part I (Soldier Data) provides that the applicant was currently entitled to a $15,000.00 bonus incentive as a 91L assigned to C Company, 1st Battalion, 112th Aviation Regiment.  



d.On 21 October 2014, the State of Washington retroactively issued OrdersNumber 294-527 transferring the applicant from C Company, 1st Battalion, 112th Aviation Regiment, WAARNG to a 91L position in the 116th Engineer Company, UTARNG, effective 8 October 2014. 



e.On 12 June 2017, Joint Forces Headquarters UTARNG issued Orders Number163-034 transferring the applicant from the 116th Engineer Company to the 1457thEngineer Battalion as a Human Resources Specialist (42A MOS) due to unitinactivation, reorganization or relocation.



f.On 17 July 2018, the applicant was notified that her entitlement to the NPSEBwas being terminated with recoupment of $4,375.00 because she transferred out of her contracted unit of assignment in violation of her enlistment contract.  



g.On 17 July 2018, Joint Forces Headquarters (JFHQ) UTARNG issued OrdersNumber 198-020 transferring the applicant from a 42A to a 94F (Computer Detection Systems Repair) position. 



h.On 3 January 2019, the applicant reenlisted/extended for 4 years.



i.On 2 May 2019, JFHQ UTARNG retroactively issued Orders Number 122-030awarding the applicant MOS 94F and withdrawing MOS 91L, effective 21 March 2019. 



j.On 15 April 2021, the applicate extended her enlistment for 1 year 9 months and21 days. 


k.On 26 June 2021, the applicant extended her enlistment for 2 months 12 days.



3.The applicant provides the following a:

a.Personnel Qualification Record – Enlisted, dated 17 October 2014, reflective of











the applicant's pertinent administrative data to include Organizational, Pay and Enlistment data. Section G (Enlisted Unique Data) provides the applicant was qualified in MOS 91L and entitled to a bonus associated as contracted on 25 June 2013. b.Memorandum – Subject: Command Directed Move, dated 20 December 2016,reflective of the C Company, 1st Battalion, 112th Aviation, Readiness Noncommissioned Officer Sergeant First Class C_ S_ advising that the permanent change of station move of the unit to Fairchild Air Force Base, Spokane WA that occurred in March 2014 resulted in an undue hardship for some Soldiers that had to travel 300 miles to training assemblies. He further provides that these Soldiers were directed by the commander to initiate a transfer to a unit closer to the current home station which was Joint Base Lewis-McChord, WA. 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.  Based upon a preponderance of the evidence, the Board determined there is sufficient evidence that shows an injustice occurred when the bonus was terminated, and the money was recouped.  The Board agreed the unit transfer was of no fault of her own.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 the contested bonus was terminated without the recoupment of issued funds, and that she is provided all monies already recouped. 




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.Title 37, United States Code (USC), section 308 (Special Pay: reenlistment bonus)states the Secretary concerned may pay a bonus under paragraph (2) to a member of auniformed service who is qualified in a military skill designated as critical by theSecretary of Defense, and reenlists or voluntarily extends the member's enlistment for aperiod of at least three years in a regular component of the service concerned. Bonuspayments authorized under this section may be paid in either a lump sum or ininstallments. If the bonus is paid in installments, the initial payment shall be not lessthan 50 percent of the total bonus amount.

2.National Guard Bureau Selected Reserve Incentive Program (SRIP) 13-01 providesthat the Non-Prior Service Enlistment Bonus is processed in 3 installments: 50 percentupon successful completion of Advanced Individual Training (AIT), 25 percent on thethird anniversary of the enlistment date and 25 percent on the fifth anniversary on theenlistment date. If entitlement to an incentive is terminated for any reason before thefulfillment of the service described in the written agreement/addendum, the servicemember shall not be eligible to receive any further incentive payments, except forpayments for service performed before the termination date. Unless granted relief, themember must refund a prorate amount to the government if such termination is forvoluntarily transferring within the State or Interstate Transfer (IST) for reasons otherthan those covered in AR 601-210.

3.  AR 601-210 (Regular Army and Army Reserve Enlistment Program) Chapter 10 (Selected Reserve Incentive Program), provides that Soldiers may be eligible for continued receipt of incentives if the involuntary transfer between Army Reserve Components is due to unit transition. 
 
a. Paragraph 10-5d. (Status of Incentives on Unit Transition) provides the guidelines for the disposition of incentives paid or pending payment to Selected Reserve Soldiers. Unit transition occurs when a Soldier is voluntarily or involuntarily transferred or reassigned within, or between the ARNG and the USAR. Relocation refers to a Soldier’s unit of assignment moving to a site that is beyond commuting distance. For the purpose of this regulation, commuting distance is defined as the maximum distance a member of a Reserve Component may be required to travel involuntarily between residence and IDT site. When a unit is scheduled for transition, the command is responsible for retaining incentive recipients in the Selected Reserve. If possible, in keeping with the terms of the Soldier's contract, the Soldier should be reassigned or transferred to a position requiring his or her MOS or area of concentration. 


 
b. A Soldier may continue to receive full incentive payment, if otherwise eligible, when the Soldier is transferred to another Selected Reserve unit of the ARNG/USAR. Assignment will be in a bonus MOS or area of concentration, or to a bonus-designated unit, where possible. 


 
c. Paragraph 10-8 (Termination of Incentives) provides that entitlement to an incentive will terminated when a service member voluntarily moves to a non-bonus unit or MOS. Persons who move from one location to another may continue incentive eligibility if they remain in the Selected Reserve of the Army (USAR or ARNG) and are assigned to an incentive eligible unit or incentive-eligible critical skill, as appropriate. Each Army command will endeavor to transfer an incentive recipient who moves to a new location into a similar Selected Reserve unit or one that can make use of the skill. 


 
d. Paragraph 10-9 (Recoupment of Incentives) provides that 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 provided in paragraph 10-8. Commanders will not recoup previously received incentives when the Soldiers unit is in transition in accordance with Paragraph 10-5.  


 
4.  AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 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. 
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