IN THE CASE OF: BOARD DATE: 24 January 2024 DOCKET NUMBER: AR20230003690 APPLICANT REQUESTS: correction of her record to reflect the following: * date of discharge from the Missouri Army National Guard (MOARNG) to show as 21 December 2014 vice 21 December 2012 * cancellation or remission of indebtedness for the Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $15,555.56 and repayment of any monies recouped APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), 22 December 2006 * DD Form 1966 (Record of Military Processing – Armed Forces of the United States), 22 December 2006 * National Guard Bureau (NGB) Form 600-7-1-R-E (Annex E to DD Form 4 NPSEB Addendum), 22 December 2006 * DD Form 214 (Certificate of Release or Discharge from Active Duty), ending 18 August 2009 * NGB Form 22 (Report of Separation and Record of Service), 21 December 2012 * DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), 15 December 2014 * Memorandum for Record, Non-Prior Service Bonus (NPSB) Recoupment Freeze, 2 March 2023 * Bonus Payment History, 2 March 2023 * NGB Bonus Incentive Payouts FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states, in pertinent part, her discharge date on the NGB Form 22 should reflect 21 December 2014 but is incorrectly reflecting 21 December 2012, as she was discharged 8 months past her contracted date. As a result of this error, she is responsible for the repayment of the NPSEB causing her tax returns to be confiscated since 2015. Upon discovering the error, she reached out to Sergeant First Class (SFC) S- W-, with the MOARNG who agreed that there had been a mistake in the recoupment of the bonus. Although it has been more than 8 years since the recoupment, she would like the monies returned to her that were taken erroneously. 3. A review of the applicant's available service record reflects the following: a. On 22 December 2006, she enlisted in the MOARNG for a period of 6 years at the rank/grade of private (PVT)/E-1. In conjunction with this enlistment NGB Form 600- 7-1-R-E was completed which shows the applicant's entitlement to a $20,000.00 NPSEB incentive for enlisting for 6-years in Military Occupational Specialty (MOS) 92G (Culinary Specialist), and being Duty MOS Qualified, to be paid in two installments (50 percent processed upon completion of Initial Active Duty Training (IADT), and the other 50 percent upon completion of the 36th month anniversary of the enlistment date). Section V (Termination) provides acknowledgment by the applicant in that entitlement to the bonus would be terminated with recoupment if she were to become an unsatisfactory participant by accumulating 9 unexcused absences within a 12-month period effective on the date of the 9th unexcused absence. b. On 8 January 2007, the St. Louis Military Entrance Processing Station issued Orders Number 700804 ordering her to IADT with a report date of 24 January 2007. c. DD Form 214, ending 6 June 2007 reflects an uncharacterized release from active duty training for completion of IADT. She was awarded MOS 92G. d. On 4 December 2012, Headquarters Missouri National Guard, Joint Force Headquarters issued Orders Number 339-062 discharging her form the ARNG and assigning her to the U.S. Army Reserve (USAR) Control Group (Reinforcement), effective 21 December 2012. e. NGB Form 22, dated 21 December 2012 reflects an honorable release from the MOARNG and transfer to the USAR Control Group (Reinforcement) with service from 22 December 2006 to 21 December 2012 for a net service this period of 6 years. f. DA Form 4836, dated 15 December 2014 shows she extended her enlistment with the USAR Control Group (Individual Ready Reserve (IRR)) for a period of 8 months for a new expiration term of service of 21 August 2015. g. On 25 August 2015, the U.S. Army Human Resources Command (HRC) issued Orders Number D-08-517088 honorably discharging her form the USAR. 4. The applicant provides the following: a. DD Form 1966 dated 22 December 2006 as supporting documentation from her initial enlistment in the MOARNG. b. DD Form 214, ending on 18 August 2009 showing she was ordered to active duty in support of Operation Enduring Freedom and was held as a medical holdover from 15 April 2009 to 18 August 2009. c. Memorandum for Record, NPSB Recoupment Freeze, dated 2 March 2023 wherein the MOARNG Education and Incentives Noncommissioned Officer in Charge sates, in effect, thoroughly researching the applicant's historic files, there is no evidence she was an unsatisfactory participant. Requesting a freeze on any recoupment proceedings and repay her service honorably with serving an extra 8 months. d. Bonus Payment History, dated 2 March 2023 showing she was paid the $20,000.00 NPSEB in 2 installments on 15 July 2007 and 13 January 2010 (entitlement date 22 December 2009), in the amount of $10,000.00 each. e. NGB Bonus Incentive Payouts showing her initial entry dates for pay and military service. 5. On 3 October 2023, the NGB, Chief, Special Actions Branch, provided an advisory opinion recommending disapproval of the applicant's request stating, in effect: a. The applicant states that she was discharged from the MOARNG on 21 December 2014, but her records show that she was discharged on 21 December 2012. She claims that this error caused her tax refunds to be confiscated starting 2015 as a recoupment of her NPSEB. She requests that her discharge date be changed so that the recoupment can stop. b. The applicant's records show that she enlisted in the MOARNG for a 6-year term on 22 December 2006. At the time of her enlistment, she signed a NPSEB agreement and was entitled to $20,000.00. She received the first 50 percent of the bonus upon completion of IADT. The second half of her bonus was to be paid on the 36th-month anniversary of her enlistment, which would be 22 December 2009. However, the unit's inactive duty training absence maintenance records show that the applicant had 9 unexcused absences starting on 7 September 2007 to 25 April 2008. These unexcused absences terminated her bonus eligibility. On 24 December 2012, MOARNG notified the applicant of her incentive violation. She was honorably discharged after six years on 21 December 2012. She extended in the IRR for 8 months and was discharged from the reserves on 25 August 2015. c. Per Annex E to DD Form 4 Section V, a Soldier will be terminated from bonus eligibility with recoupment if he or she becomes an unsatisfactory participant by accumulating 9 unexcused absences within a 12-month period effective on the 9th unexcused absence. d. Based on her incentive violation memorandum, the applicant's 9th unexcused absence was on 25 April 2008 and her NPSEB violation amount was $15,555.56. She was properly notified by the MOARNG in 2012. For these reasons, it is the recommendation of this office that the applicant's request be disapproved. The extension and discharge in the IRR have no impact or relevance to the termination of her bonus. The recoupment of her bonus should stand as it was justly terminated due to her unexcused absences. e. The Army National Guard Incentives Branch did not provide input for this recommendation. f. The MOARNG concurs with this recommendation. g. In conjunction with the advisory, the following documents were submitted in support from the MOARNG: (1) Email correspondence with the MOARNG stating, in effect, that the applicant had 10 unsatisfactory absent without leave, unexcused absences within a year, which caused her to lose her NPSEB bonus eligibility with recoupment. (2) Memorandum for Notification of Incentive Violation and Exception to Policy Process dated 24 December 2012 wherein the MOARNG Director of Manpower notified the applicant she violated the terms of the NPSEB due to unsatisfactory participation which occurred on 25 April 2008 having accrued her 9th unexcused absence in a 12 month period. Total violation amount for recoupment in the amount of $15,555.56. (3) NGB Form 600-7-1-R-E, dated 22 December 2006, previously stated in the paragraphs above. (4) NGB Accountability Database Excerpt showing her unexcused absences within a 12-month period. (5) Bonus Termination and Suspension Sheet showing her bonus had been terminated with the recoupment amount total of $15,555.56. 6. On 18 October 2023, the applicant was provided a copy of the advisory opinion and provided an opportunity to respond. 7. On 19 October 2023, she provided a rebuttal to the advisory opinion stating, in effect: a. Her signing bonus was recouped stating she did not complete her contract term, which is untrue. Her certificate of discharge shows "honorable" and "completion of required active service." An error was made on the date in her records, with the additional 6 months of extended time she voluntarily served, the time required for completion of her bonus was completed. b. She reached out to the military services but was unable to retrieve any records from 10 years prior. The drill dates she is reported for missing were made up the following week in a Chicago armory. She contacted retired Staff Sergeant (SSG) T-, he stated she was an outstanding Soldier who never missed a drill date. Although there is no proof of these make up dates, as the records are no longer available, she completed her entire contract and all required drill up until the termination of her contract on 21 December 2014. c. She provided the following previously submitted documentation as supporting evidence: * Army Review Boards Agency ExParte Letter * Memorandum for Record, NPSB Recoupment Freeze, dated 2 March 2023 * DD Form 214, ending 18 August 2009 * NGB Form 22, dated 21 December 2012 BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that partial relief was warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, and National Guard Bureau -Special Actions Branch advisory opinion, the Board concurred with the advising official finding the applicant enlisted in the Missouri Army National Guard for a 6-year term on 22 December 2006. At the time of her enlistment, she signed a non-prior service enlistment bonus agreement and was entitled to $20,000. She received the first 50% of the bonus upon completion of IADT. The second half of her bonus was to be paid on the 36th-month anniversary of her enlistment, which would be 22 December 2009. 2. However, the opine noted the applicant has nine unexcused absences from 7 September 2007 to 25 April 2008 as indicated on the Inactive Duty Training (IDT). The Board determined there is insufficient evidence to support the correction of the applicant’s date of discharge from the Missouri Army National Guard (MOARNG) to show as 21 December 2014 vice 21 December 2012 nor cancellation or remission of indebtedness for her Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $15,555.56 and repayment of any monies recouped. During deliberation the Board determined applicant’s service record contains sufficient evidence to support administrative corrections that are not annotated on her DD Form 214 for the period ending 6 June 2007. Evidence shows the applicant was called to active duty for training and awarded an MOS. Although her DD Form 214 properly reflects her characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, based on current guidance and in the interest of equity the characterization of service should read honorable on the DD form 214 for the period ending 23 January 2007 thru 6 June 2007. Based on this, the Board granted partial relief. 3. This board is not an investigative body. The Board determined despite the absence of the applicant’s pay records, they agreed the burden of proof rest on the applicant, however, she did not provide any supporting documentation and her service record has insufficient evidence to support the applicant contentions of an incorrect discharge date or that the unexcused absences are in error. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: 1. In addition to the administrative notes annotated by the Analyst of Record (below the signature), the Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by re-issuing the applicant’s DD Form 214 for the period ending 6 June 2007 to show her characterization of service as honorable. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the applicant’s date of discharge from the Missouri Army National Guard (MOARNG) to show as 21 December 2014 vice 21 December 2012 and cancellation or remission of indebtedness for the Non-Prior Service Enlistment Bonus (NPSEB) in the amount of $15,555.56 and repayment of any monies 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. ADMINISTRATIVE NOTES: N/A REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Department of Defense Financial Management Regulation states: a. Paragraph 5.2.1 – debt collection offices (DCO) must issue the initial debt notification letter to the debtor within 5 working days following final confirmation of the existence and validity of the debt, the basis of indebtedness, and the amount of the debt. Only one due process debt notification is required to be issued to the debtor. DCOs may issue additional demand for payment letters at 30-day intervals after the date of the initial debt notification letter when deemed appropriate by the DCO. b. Paragraph 5.2.2 - DCOs must exercise care to ensure the debt notification letter is dated the same day the letter is mailed, via the U.S. Postal Service (USPS), to the debtor's last known address or hand-delivered to the debtor. The DCO is required to retain a copy of the debt notification letter as part of the debtor's file. Salary and/or administrative offset may only begin after due process has been provided to the debtor. A DCO is not prohibited from issuing a written demand for payment to the debtor prior to issuing the more formal due process debt notification letter. A demand for payment is typically an abbreviated written request for voluntary repayment of the debt and is not considered sufficient notice of due process. A demand for voluntary repayment may be issued electronically to the debtor, while the formal debt notification must be delivered by the USPS. 3. Army Regulation (AR) 600-4 (Remission or Cancelation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of indebtedness to the U.S. Army. Requests for remission or cancellation of indebtedness must be based on injustice, hardship, or both. A Soldier's debt to the U.S. Army may be remitted or canceled on the basis of this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 4. AR 601-210 (Active and Reserve Components Enlistment Program) states a cash bonus is offered to eligible applicant's enlisting in the Selected Reserve and complying with all of the following eligibility requirements: * enlists in the ARNG for 8 years * enlists for a bonus MOS * completes initial active-duty training or received sufficient training to be deployable 5. Department of Defense Instructions 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve Service commitment that authorizes the payment of the incentive to the member. 6. National Guard Regulation 601-1 (Personnel-Procurement) is a consolidation of NGR 601-1 and NGR 601-2 that covers the Army National Guard Strength Maintenance Program and integrates all of the recruiting and retention programs, policies and procedures necessary for developing, implementing and monitoring a successful strength maintenance program at the State/Territory level. It Provides: a. Commanders at all levels will develop and implement a comprehensive SM Plan in coordination with the Recruiting and Retention Command (RRC), using NGR 601-1, state regulations and local policies, to achieve established end strength goals. They are responsible for appointing additional duty Unit Career Counselor to assist in SM-related matters and ensuring that all incoming Soldiers are assigned a sponsor. b. The Command Sergeant Major (CSM) serves as the Senior Retention NCO in the organization. All CSMs must take personal responsibility to ensure that the attrition and retention objectives for their assigned command are achieved and ensure the development and execution of the Unit Sponsorship Program to assimilate new or incoming Soldiers into the unit. Effective use of this program results in quicker integration of Soldiers into the existing team and increases Soldiers satisfaction leading to increased retention and decreased attrition. c. The First Sergeant (1SG) is the focal point for all NCO actions in the unit. His/her involvement in SM is vital to unit strength. It is imperative that the 1SG establish and maintain a partnership with the RRC to help meet their assigned end strength mission by implementing and monitoring the Unit Sponsorship Program. d. Full-Time Support (FTS) personnel are the driving force behind any successful unit. Due to the full-time nature of their positions and the amount of contact and influence they have with traditional Soldiers, it is imperative that they work in partnership with the unit leadership and the RRC to ensure that unit strength objectives are met by appointing sponsors to newly assigned Soldiers as directed by the First Sergeant. e. First Line Leaders (FLLs) are key individuals in the success of any organization. They have a significant influence on the actions and decisions concerning individual Soldiers. FLLs must work in partnership with the unit leadership and the RRC to help their unit meet its assigned end strength by ensuring newly assigned Soldiers are properly sponsored, receive their initial counseling, and are integrated into the unit in an effective and timely manner. 7. AR 635-200 states, an uncharacterized discharge is not meant to be a negative reflection of a Soldier’s military service. It merely means the Soldier has not been in the Army long enough for his or her character of service to be rated as honorable or otherwise. Soldiers are considered to be in an entry-level status when they are within their first 180 days of active-duty service. The evidence of record shows the applicant was in an entry-level status at the time of his release from ADT. b. An uncharacterized separation is an entry-level separation; for Soldiers ordered to initial ADT, entry-level status terminates 180 days after beginning training. However, current guidance states Reserve Component Soldiers completing active duty that results in the award of an MOS, even when the active duty period was less than 90 days (for example, completion of the advanced individual training component of Army National Guard (ARNG) Alternate Training Program or USAR Split Training Program will receive a character of service of Honorable unless directed otherwise by the separation approval authority. c. The available evidence shows the applicant was called to active duty for training and awarded an MOS. Although his DD Form 214 properly reflects his characterization of service as "uncharacterized" in accordance with regulatory guidance in effect at the time, based on current guidance and in the interest of equity the characterization of service should read honorable. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230003690 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1