IN THE CASE OF: BOARD DATE: 27 October 2021 DOCKET NUMBER: AR20210011081 APPLICANT REQUESTS: remission of debt associated with her previous receipt of a Non Prior Service Enlistment Bonus (NPSEB). A personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Orders Number 18-351-00005, dated 17 December 2018 * Orders Number C-10-013385, dated 28 October 2020 FACTS: 1. The applicant states in pertinent part that she is currently performing duty within the U.S. Army Reserves (USAR) and should have her bonus recoupment terminated. She contests that she was previously in the Inactive Ready Reserve (IRR). However, she has returned to the USAR and performing her monthly drill requirements. Currently, her bonus is being recouped because of her transfer to the IRR, but she has been transferred back into a drilling status, under the same enlistment contract. 2. A review of the applicant's available service records reflects the following: a. On 7 January 2015, the applicant enlisted in the USAR for 8 years with entitlement to a NPSEB incentive of $15,000.00 as a 12R (Interior Electrician), assigned to the 461st Engineer Company. Her NPSEB was to be disbursed in 3 installments – 50 percent upon becoming Military Occupational Specialty (MOS) qualified within 24 months of the contract date and unit assignment within the contracted MOS, 25 percent at her 2nd and 4th year of her enlistment term. Section IV (Obligation) provides that the applicant agreed to serve her initial 6 years in a bonus unit, or in a bonus MOS, unless excused for the convenience of the Government, to include normal career progression. Further, she must serve satisfactorily, as prescribed by USAR regulations, unless excused for the convenience of the Government. Section VI (Suspension) provides that the applicant may suspend her requirements on a one-time basis for a period specified from the incentive program rather than being terminated. Suspensions are limited to persons having a temporary overseas residence, missionary obligation, or overseas employment obligation for 3 years or less, or transfer to the Inactive National Guard or Individual Ready Reserve for personal reasons for up to 1 year. Reinstatement to a partial or full resumption of incentive eligibility, when authorized, requires extending the contractual term of service equal to a period that, in combination with time already served will equal the applicant's original enlistment term of 6 years. Section VII (Termination) provides that termination from incentive eligibility would occur if the applicant became an unsatisfactory participant or failed to complete at least 6 years in a Selected Reserve unit as she agreed to do under the terms of the contract. The effective date of the termination would be the date of the first unexcused absence. This action could result in recoupment. b. On 12 November 2015, the U.S. Army Maneuver Support Center of Excellence issued Orders Number 316-706 awarding the applicant the 12R MOS effective 9 December 2015 or upon completion of training. c. On 27 February 2018, Headquarters 416th Theater Engineer Command issued Orders Number 18-058-00001 reassigning the applicant from the 284th Engineer Company to Headquarters and Headquarters Company, 244th Engineer Battalion. d. On 17 December 2018, Headquarters, 88th Readiness Division issued Orders Number 18-351-00005 transferring the applicant to the USAR Control Group (Reinforcement) due to overseas residency/employment. e. On 28 October 2020, the U.S. Army Human Resources Command (HRC) issued Orders Number C-10-013385 reassigning the applicant from the USAR Control Group (Reinforcement) to the 410th Brigade Signal Corps effective 14 October 2020. 3. On 27 August 2021, the U.S. Army Reserve Command (USARC) G-1, Director, Resource Management provided an advisory opinion recommending denial of the applicant's request for relief citing that the applicant was a member of the IRR from 17 December 2018 to 13 October 2020, which is a period of 1 year, 9 months, and 27 days. Army Regulation (AR) 601-210 (Regular Army and Army Reserve Enlistment Program), paragraph 10-7a(3) provides that Soldiers must extend their contract, enlistment, or reenlistment agreement within 90 days after completing the period of non- availability in order to serve out the entire incentive contract period in the Selected Reserve (SELRES). The applicant failed to extend her contract to an Expiration Term of Service (ETS) date of 2 November 2024, within 90 days of returning to the USAR. Additional research revealed that the USAR Pay Center terminated and recouped the applicants NPSEB due to the accumulation of nine or more unexcused absences within a 12-month period. AR 601-210, paragraph 10-8a (1) provides that "termination of eligibility to an incentive will occur if a Soldier becomes an unsatisfactory participant per AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements)." AR 135-91 provides that "Soldiers will be charged with unsatisfactory participation when, without proper authority, they accrue in any 12-month period a total of nine or more unexcused absences from scheduled Inactive Duty Training periods." The applicant became an unsatisfactory participant by accumulating 14 unexcused absences from 22 July 2017 to 2 December 2017, while assigned to the 284th Engineer Company. The applicant would need to contact the 284th Engineer Company Commander if she believes the absences were valid and provide evidence to support the claim. 4. On 8 October 2021, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide a response. As of 25 October 2021, the applicant had not responded. BOARD DISCUSSION: 1. After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicants request, supporting documents, evidence in the records, Army Reserve Command (USARC) G-1, Director, Resource Management advisory opinion and regulatory guidance. The Board considered the applicant’s statement, her military service record, documents provided by the applicant and the review and conclusions of the advising official. Evidence in the record show the applicant failed to extend her contract to an Expiration Term of Service (ETS) date of 2 November 2024, within 90 days of returning to the USAR. Additionally, recoupment was initiated due to unsatisfactory participant. The Board concurred with the advisory opinion findings that the applicant did not serve out the entire incentive contract period in the Selected Reserve (SELRES). Therefore, relief is denied. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XX XXX 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. 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 (AR) 601-210 (Active and Reserve Components Enlistment Program) provides eligibility criteria, policies, and procedures for enlistment and processing of persons into the Regular Army, the Army Reserve, and Army National Guard for enlistment. Paragraph 10-12 (SRIP – Non-Prior Service Enlistment Bonus) provides that this incentive offers a cash bonus to eligible applicants with no prior military service who enlist in the Selected Reserve (SELRES) and contract to serve in a designated bonus skill or unit announced by Headquarters Department of the Army. Soldiers will not receive any enlistment bonus payments, initial or subsequent, until they have complied with all of the eligibility criteria. Service members will complete a DA Form 5261 (Selected Reserve Incentive Program – Enlistment Bonus Addendum) at the time of their enlistment in both acknowledgment and agreement with the terms. a. Paragraph 10-7 (Reinstatement of Incentives) provides that 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 SELRES. This is provided the unit reenlistment officials have access to the Soldier’s personnel records and are able to verify the Soldier’s eligibility to extend. b. Paragraph 10-8 (Termination of Incentives) provides that termination of eligibility to an incentive will occur, if a Soldier becomes an unsatisfactory participant. The termination date entered into the personnel data reporting systems must be the date the Soldier is declared an unsatisfactory participant, exceeds the maximum authorized period of non-availability, fails to extend the contracted term of service for an authorized period of non-availability, separates from a Selected Reserve (SELRES) unit or the IRR for any reason. c. Commanders are responsible for initiating recoupment procedures whenever a member’s eligibility to an incentive is terminated and recoupment is required by this regulation or applicable policy. Any refund made by a Soldier under recoupment procedures will not affect that Soldier’s period of obligation. A member in the USAR must serve the balance of the term of Service entered into contractually or by statutory requirements. 2. Memorandum – Subject: Army Reserve (AR) Selected Reserve Incentive Programs Policy 1 October 2014 – 30 September 2015 provides that for entitlement to a Non Prior Service Enlistment Bonus, eligible personnel must enlist into a bonus eligible Unit/MOS and must remain in the Unit/MOS for the entire period of the contract or be subject to termination and recoupment of the unearned portion of the bonus. 3. 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. 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210011081 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1