IN THE CASE OF:	

		BOARD DATE:	  5 March 2009

		DOCKET NUMBER:  AR20080017924 


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, in effect, reinstatement of his reenlistment bonus. 

2.  The applicant states, in effect, that his reenlistment bonus was erroneously terminated when it should have only been suspended while he was working in Europe.  He can even understand one year of recoupment of his bonus, but not total termination and recoupment.  He also states that he informed his unit of his work situation as well as his difficulty in finding a unit to drill with while overseas.  He understands being placed in the Individual Ready Reserve (IRR) temporarily, but his bonus should not have been terminated.  He kept his unit informed of all his actions, to include electronic mail (email) sent from Turkey; however, no emails from his unit reached him in Turkey.  

3.  In support of the application, the applicant provides copies of a memorandum of support from his unit's company commander, his IRR assignment orders, his U. S. Army Reserve Command (USARC) and USAR Forms 23-R (Selected Reserve Incentive Program (SRIP) Adjustment Certification Worksheet), his troop program unit (TPU) assignment orders, his USAR Form 26-R (Pay Document Transmittal Letter (TL)), his email correspondence to his unit, and his DA Form 4836 (Oath of Extension of Enlistment or Reenlistment).  

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the United States Army Reserve (USAR), in pay grade E-3, on 31 March 2003, for 2 years, with prior enlisted service in the U.S. Air Force.  On 31 March 2006, he reenlisted in the USAR for 6 years, with entitlement to a reenlistment bonus.  In pertinent part, his reenlistment contract stated that his bonus could be suspended on a one-time basis, rather than being terminated, due to, among other reasons, temporary overseas residence or overseas employment obligation for 3 years or less.  Reinstatement to a partial or full resumption of incentive eligibility required extending his term of service equal to the period he was in a nonavailable status.  
2.  The applicant was voluntarily reassigned from the 633rd Quartermaster Battalion to the IRR on 6 June 2007.

3. On 4 July 2007, the applicant notified his company commander via email that he would be back in the States within the next several weeks for about 2 weeks and then return to Istanbul, Turkey.  The applicant also advised his commander that he was awaiting confirmation for reassignment from the IRR to the 7th Army Reserve Command in Germany.

4.  On 29 August 2007, the Company Commander, Headquarters and Headquarters Detachment (HHD), 633rd Quartermaster Battalion, submitted an USARC Form 23-R terminating the applicant's reenlistment bonus because of his transfer to the IRR.  On 24 October 2008, the unit's company commander noted on that form that due to an error on his part the applicant's bonus should have been suspended and not terminated.

5.  The applicant was reassigned from the IRR to the 633rd Quartermaster Battalion on 20 May 2008.

6.  On 3 June 2008, the Company Commander, HHD, 633rd Quartermaster Battalion, submitted an USAR Form 23-R reinstating the applicant's reenlistment bonus and stating the applicant had returned to the unit and made up all missed battle assemblies for Fiscal Year 2008.  He also requested all collection of the applicant's bonus be stopped and submitted a USAR Form 26-R for this purpose.

7.  On 4 February 2009, the applicant extended his 6-year reenlistment of            31 March 2006 for one year.

8.  In a memorandum, dated 24 October 2008, the Detachment Sergeant/
Company Commander, HHD, 633rd Quartermaster Battalion, stated the applicant left the unit for approximately one year to work in Turkey.  He had cleared that with the unit before leaving and did try to find units to drill with while overseas, but was unsuccessful in doing so.  The 633rd Quartermaster Battalion never intended for the applicant to be put into the IRR as an "Unsatisfactory Participant."  The unit really wanted him to be put into the IRR as an "Unresolvable Employment Conflict" until his return.  The applicant was having all of his reenlistment bonus collected and the 633rd Quartermaster Battalion wished it stopped and all collected money be returned to the Soldier.  

9.  In an advisory opinion, dated 7 January 2009, the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff, G-1, stated that the applicant's situation was the result of an incorrect application of policy guidance. Soldiers who would be absent from unit training for an extended period of time due to employment requirements should be transferred to the IRR.  However, many Soldiers try workarounds that later become unmanageable and result in unauthorized absences and/or incorrect codification of non-participation.  While Soldiers are responsible for fully understanding the conditions of reenlistment bonuses, unit officials must counsel Soldiers on the terms and conditions of incentives and caution them on potential termination of bonus entitlement and recoupment actions if the bonus agreement conditions are not met.  Current policy stated that bonus entitlements could be suspended on a one-time basis for a specified period from the incentive program, rather than being terminated for overseas employment obligation, for up to three years.  Reinstatement of incentive eligibility, when authorized, required extending the term of service equal to or greater than the period the Soldier was in a non-available status.

10.  The G-1 official recommended the applicant's request be granted.  He stated that the applicant must execute an extension of his reenlistment contract to cover the period of non-availability before his bonus can be reinstated.  

11.  The opinion was forwarded to the applicant for acknowledgment and/or rebuttal on 8 January 2009 and he concurred on 12 January 2009.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant reenlisted in the USAR on         24 April 2006 with a reenlistment bonus.  On 6 June 2007, he was reassigned from the 633rd Quartermaster Battalion and to the IRR due to accepting employment in Turkey, and his bonus was terminated.  On 20 May 2008, the applicant was reassigned from the IRR to the 633rd Quartermaster Battalion.  On 3 June 2008, the company commander of the 633rd Quartermaster Battalion requested the applicant's bonus be reinstated.  On 4 February 2009, the applicant extended his 2006 reenlistment in the USAR for one year. 

2.  Based on current policy referenced by the G1 and the applicant's reenlistment contract, bonus entitlements may be suspended on a one-time basis rather than being terminated for overseas employment.  Reinstatement, when authorized, required extending the term of service equal to or greater than the period the Soldier was in a non-available status.  The evidence of record shows that on       4 February 2009 the applicant met this requirement.  
3.  Therefore, it is concluded that based on the favorable recommendation expressed by the Office of the Deputy Chief of Staff, G-1, it would be appropriate to correct the applicant's records by showing his reenlistment bonus was suspended instead of terminated, reinstating his reenlistment bonus, stopping all collection action related to the reenlistment bonus, and reimbursing him any reenlistment bonus money collected from him thus far.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.  

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 showing the applicant's reenlistment bonus was suspended by his commander on 29 August 2007 instead of terminated; reinstating the applicant's reenlistment bonus per his commander's 3 June 2008 request; and that the Defense Finance and Accounting Service correct his records accordingly by cancelling any collection action with reimbursement of all monies collected as a result of the termination of his reenlistment bonus.




      _______ _  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)                                         AR20080017924



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ABCMR Record of Proceedings (cont)                                         AR20080017924


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