IN THE CASE OF:	  

		BOARD DATE:	  23 February 2010

		DOCKET NUMBER:  AR20090005736 


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, that his $15,000.00 bonus incentive option for reenlisting in the U.S. Army Reserve (USAR) be honored.

2.  The applicant states, in effect, he reenlisted for 6 years on 25 January 2007 for a $15,000.00 reenlistment bonus; however, he never received the bonus.  He doesn't think his reenlistment was honored or processed appropriately. He argued his case with finance, his unit, and the U.S. Army Human Resources Command (HRC), which resulted in being advised to submit an application to this Board for review.  He was told by finance that because he reported to his Active Guard Reserve (AGR) assignment less than 6 months after his reenlistment, had the bonus been paid, it would have been recouped.  He states he was told by an HRC official that he had until January 2008 to report to his AGR assignment, where he would have had enough time to serve 6 months to avoid recoupment.

3.  The applicant provides a DD Form 4 (Enlistment/Reenlistment Document); leave and earnings statement; Office of the Deputy Chief of Staff G-1 policy memorandum, dated 14 August 2008; and Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 26 February 2009, in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 20 June 2000 and upon completion of initial entry training he was awarded military occupational specialty 42A (Human Resources Specialist).  On 27 August 2004, he was honorably released from active duty and transferred to the USAR Control Group (Reinforcement).

2.  On 25 January 2007, the applicant reenlisted in the USAR in a troop program unit (TPU) for a period of 6 years.  The effective date of his reenlistment was established as 4 May 2008.  Annex A of the DD Form 4 prepared for this reenlistment shows he reenlisted for 6 years for a bonus amount of $15,000.00.  It further indicates the lump sum payment of the total bonus amount would be received upon providing proof of contract and qualification at the time of the request for payment.

3.  Annex A of the DD Form 4 also stipulates that if the applicant accepted a permanent military technician or AGR position where a membership in the Selected Reserve is a condition of employment, his bonus would be recouped if he had not satisfactorily served 6 months or more in the Selected Reserve under his agreement before accepting a permanent military technician or AGR position.

4.  The applicant began serving in the AGR program on 1 July 2007.

5.  On 14 August 2008, the Office of the Deputy Chief of Staff G-1 published a policy memorandum, subject:  Change in Policy Governing Bonus Recoupment, which granted the authority to cancel recoupment actions regarding USAR Soldiers in a bonus status that were going into the Active Component, military technician program, AGR, or officer status.  Paragraph 3d stated, in pertinent part, that effective 21 May 2008, Selected Reserve members who accept an AGR position or military technician position where membership in a Reserve Component is a condition of employment will have their enlistment/reenlistment/
affiliation bonus terminated without the recoupment regardless of the length of service in the losing Selected Reserve status.  The previous 6-month Selective Reserve membership rule is eliminated for these Soldiers.

6.  On 26 February 2009, the Office of the Assistant Secretary of the Army for Manpower and Reserve Affairs published a memorandum, subject:  Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits or Stipends.  This policy stipulated that recoupment of bonuses from a Soldier who accepted a military technician position was against equity and good conscience and therefore would not be recouped.  However, there were no retroactive provisions provided.

7.  In the processing of this case, a staff advisory opinion was obtained from the Senior Army Reserve Career Counselor, Office of the Deputy Chief of Staff G-1.  The advisory opinion states that the applicant reenlisted for a $15,000.00 reenlistment bonus and subsequently entered the AGR Program.  The policy that existed at the time of the reenlistment required that Soldiers serve at least 6 months of the bonus contract period as a TPU member before accepting an AGR tour of duty.  The advisory opinion further states that the Secretary of the Army rescinded the requirement to serve a minimum of 6 months before accepting an AGR tour.  Soldiers paid a bonus as a TPU member continue to serve in the Selected Reserve as an AGR Soldier and recoupment of the bonus is contrary to personnel management objectives.

8.  The advisory opinion concludes that the current Department of the Army bonus recoupment policy recognizes that a Soldier's status can change for various reasons and recoupment of bonuses is not in the best interest in many of them.  When a Soldier's status changes from TPU to AGR, he/she should not be penalized for having the willingness to accept greater responsibilities in the Reserve Component.  The Senior Army Reserve Career Counselor recommends granting the applicant's request by authorizing payment of the reenlistment bonus.

9.  On 23 April 2009, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. 
On 1 May 2009, the applicant concurred with the advisory opinion rendered in his case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the reenlistment bonus he was authorized as a condition of his reenlistment in the USAR was carefully considered.  However, there is insufficient evidence to support this claim.

2.  Annex A of the applicant's USAR reenlistment contract shows that if he accepted a permanent military technician or AGR position where a membership in the Selected Reserve is a condition of employment, his bonus would be recouped if he had not satisfactorily served 6 months or more in the Selected Reserve under his agreement before accepting a permanent military technician or AGR position.

3.  Notwithstanding the recommendation contained in the Office of the Deputy Chief of Staff G-1 advisory opinion, the terms of recoupment of his reenlistment bonus are clearly stated in Annex A of the applicant's enlistment document, which provided that he would lose his eligibility for the bonus if he accepted a military technician or AGR position before completing 6 months of service on his contract.  As a result, the applicant did not satisfy the terms of his reenlistment and was no longer eligible for the reenlistment bonus once he accepted the AGR position.
4.  The enlistment for which the applicant’s reenlistment bonus was authorized was to be effective 4 May 2008; he had moved to an AGR position in July 2007.

5.  The Office of the Deputy Chief of Staff G-1 policy memorandum, dated 14 August 2008, eliminated the recoupment provisions for members who accepted a military technician or AGR or on or after 21 May 2008 and the Assistant Secretary of the Army for Manpower and Reserve Affairs memorandum, dated 26 February 2009, provides no provisions for retroactive payment in a case where the bonus was never paid.  As a result, given the applicant accepted his AGR position prior to the publication of the policy change memorandum and because he never began serving the period of enlistment for which the bonus was authorized there is no basis to grant the relief requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x____  ____x____  _____x___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      ____________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)                                         AR20090005736



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090005736



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1