IN THE CASE OF: BOARD DATE: 25 August 2015 DOCKET NUMBER: AR20140021692 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests a waiver of recoupment of his Army National Guard (ARNG) Prior Service Enlistment Bonus (PSEB) under the Selected Reserve Incentive Program (SRIP). 2. The applicant states in June 2012 he was moved by his unit to a military occupational specialty (MOS) position that he was not qualified for. He was aware of being moved on paper but he physically stayed in the same MOS. He was transferred to "excess pending loss (9993)" prior to his expiration term of service (ETS). The transfer was done without his knowledge by the unit administration noncommissioned officer (NCO). He further states he served all 6 years of his contract without interruption and was completely unaware his PSEB would be garnished from his civilian pay upon his discharge a year later. 3. The applicant provides: * DA Form 4187 (Personnel Action) * 2 memoranda CONSIDERATION OF EVIDENCE: 1. Having prior service in the U.S. Marine Corps, on 16 May 2007, he enlisted in the ARNG for a period of 6 years. He received a $15,000 bonus with an initial payment of $7,500. The second equal amount was payable upon his 36-month anniversary of the date of enlistment. In conjunction with his enlistment in the ARNG he was awarded MOS 92G (Food Service Operations). 2. The applicant provided a DA Form 4187, dated 5 June 2012 that reassigned him from an authorized position (paragraph 103, line 08, position number YYYY, duty MOS 92S10) to an unauthorized position (paragraph 999Z, line 03, position number 9993, duty MOS 92G10). This form was signed by the unit administrative NCO. 3. On 25 June 2012, the applicant was notified by memorandum that a discrepancy was discovered with his PSEB based on being transferred to an unauthorized position (coded excess 9993) effective 5 June 2012. 4. The applicant's record contains a DA Form 4187, dated 19 September 2012, which states the applicant was involuntarily reassigned to an excess position code. The form identifies the applicant as a bonus recipient and notes that the move does not negatively affect the applicant's bonus benefits. It is also noted the move was due to removal of excess section of the unit manning report and/or due to reorganization of a new Modified Table of Organization and Equipment (MTOE). This form was signed by the unit administrative NCO. 5. On 15 May 2013, the applicant was honorably discharged from the ARNG at his ETS. 6. On 3 December 2014, the Deputy Director of Manpower and Personnel, Missouri National Guard, denied the applicant's request for an exception to policy to retain his $15,000.00 PSEB. The memorandum noted the applicant was transferred to an excess pending loss coded status without his knowledge on 5 June 2012, due to his pending ETS which violated ARNG SRIP 07-04. 7. Title 37, U.S. Code, section 308i (Special pay: PSEB) provides, in pertinent part, that a person who is a former enlisted member of an Armed Force who enlists in the Selected Reserve of the Ready Reserve of an Armed Force for a period of 3 or 6 years in a critical military skill designated for such a bonus by the Secretary concerned is eligible for a $15,000 bonus, if he or she has completed a military service obligation, but has not more than 16 years of total military service and received an honorable discharge at the conclusion of that military service obligation. DISCUSSION AND CONCLUSIONS: 1. The available evidence shows the applicant enlisted in the ARNG for a period of 6 years in MOS 92G with entitlement to a $15,000.00 PSEB. 2. The applicant was subsequently informed that he did not qualify for this incentive because, without his knowledge, he was transferred to an excess manning position due to his impending ETS which violated ARNG SRIP 07-04. 3. Evidence clearly shows the applicant was involuntarily reassigned to an excess position code of the unit manning report and/or due to reorganization to a new MTOE by his unit administrator. This decision to remove him from his qualified PSEB position had a negative financial effect resulting in the collection of a portion of his PSEB. This is clearly an injustice. The applicant completed the required years of service and training in his contracted MOS. Due to no fault of his own, he has suffered financial hardship. 4. In view of the foregoing, the applicant's eligibility for the complete PSEB should be reinstated and all recoupment actions should cease effective 5 June 2012. Based on this injustice, he should also be reimbursed any previously recouped portions of his bonus. BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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: a. showing his entitlement to the PSEB was not terminated effective 5 June 2012; b. cancelling any action to recoup his previously paid PSEB; and c. repaying him any portion of the PSEB that may have already been recouped. _______ _ _X______ ___ CHAIRPERSON 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. ABCMR Record of Proceedings (cont) AR20140021692 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140021692 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1