IN THE CASE OF:	  

		BOARD DATE:	  24 May 2011

		DOCKET NUMBER:  AR20100020393 


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 the recoupment of his Selected Reserve Incentive Program (SRIP) bonus be suspended and that he be allowed to serve the remainder of the time required to satisfy the debt.

2.  The applicant states, in effect, that after returning from Iraq, he had trouble finding work and he extended his enlistment in the Ohio Army National Guard (OHARNG) for a period of 6 years and a $15,000.00 SRIP bonus.  He goes on to state he was offered employment with a contractor in Iraq for a little less than a year and he sought assistance from his unit administrator who told him he would have to transfer to the Inactive National Guard (ING).  He goes on to state he submitted his paperwork with the understanding that he had done everything he was supposed to do and departed for Iraq.  While in Iraq he was informed by family and friends that he had been discharged from the OHARNG and that recoupment action was being taken to recoup his bonus.  He further states that when he returned from Iraq he went to his unit and informed them he needed to extend his enlistment for the 1 year he had been gone and was informed that because he had been discharged, he would have to enlist for 1 year, which he did.  However, that action did not stop the recoupment action and did not count toward satisfying his debt.  He continues by stating he did everything he was told to do and he simply wants to serve the time necessary to satisfy his bonus requirements.

3.  The applicant provides a copy of orders discharging him from the OHARNG and transferring him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) [Individual Ready Reserve (IRR)] and a copy of his National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the OHARNG on 27 April 1999 for a period of 8 years, training as a power generation equipment repairer and a $3,000.00 enlistment bonus.  He completed his training and continued to serve in the OHARNG.  He was advanced to pay grade E-4 on 27 June 2001.

2.  He was ordered to active duty as a member of the OHARNG in support of Operation Iraqi Freedom on 18 December 2003 and deployed to Kuwait/Iraq from 16 February 2004 to 6 February 2005.  He was honorably released from active duty at Camp Atterbury, Indiana, on 7 March 2005 due to completion of required active service.

3.  On 2 October 2005, he extended his enlistment for a period of 6 years and a lump sum SRIP bonus of $15,000.00.

4.  On 26 April 2006, orders were published by the State of Ohio Adjutant General's Department discharging the applicant from the OHARNG effective 25 April 2006 under the provisions of National Guard Regulation 600-200 (Enlisted Personnel Management), paragraph 8-27g, due to temporary overseas residing, employment, or missionary mission.  The order also transferred him to the USAR IRR and indicated in the additional instructions that Soldiers with a reenlistment/extension bonus are authorized 1 year in the ING/IRR for personal reasons.

5.  On 5 April 2007, he again enlisted in the OHARNG for a period of 1 year and on 4 April 2008 he was honorably discharged from the OHARNG and the USAR.

6.  In the processing of this case a staff advisory opinion was obtained from NGB which opines that partial relief should be granted by reducing his debt by 1/6 of the $15,000.00.  Officials at NGB could not determine the status of his request for transfer to the ING or if the applicant had been properly counseled.  Those officials stated he was obligated to serve from 5 December 2005 to 5 December 2011 in order to keep the bonus without recoupment.

7.  The advisory opinion was provided to the applicant for comment and he responded by sending a copy of a letter he sent to his Congressional representative and indicated he still desires to serve his time in the OHARNG to satisfy his bonus contract.

8.  National Guard Regulation 614-1 (Inactive National Guard) prescribes the rules for use of the ING.  It provides that Soldiers in an active status may request transfer to the ING for temporary overseas or out-of-state residency for education, employment, or missionary obligation for a period of 1 year or less (3 years for the purpose of completing religious missionary programs may be authorized).  The State Adjutant General is the approval authority.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was improperly discharged from the OHARNG instead of being transferred to the ING has been noted and appears to have merit.

2.  While the applicant has not provided copies of his request for transfer to the ING or evidence to indicate the amount of recoupment action involved, the fact that he immediately reenlisted in the OHARNG for a period of 1 year upon his return from overseas is indicative that his version of the events that occurred has a ring of truth to it.

3.  Additionally, the fact that NGB was unable to ascertain if the applicant was properly counseled and recommended that his debt be reduced by 1/6 for the additional year also suggests that an administrative error occurred in his case and that recoupment action should not have occurred.

4.  Notwithstanding the recommendation in the advisory opinion, all the evidence available indicates the applicant was improperly discharged from the OHARNG and reinstatement would be the proper remedy.  The applicant's expiration term of service based upon the October 2005 extension document would be either October 2011 or December 2011 (as indicated in the advisory opinion) and it would be appropriate to reinstate him in the OHARNG (with the necessary extensions to make up for the time not served in the OHARNG) and to show he is eligible to retain the SRIP bonus.

BOARD VOTE:

____X____  ____X____  ____X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  voiding his 25 April 2006 discharge from the OHARNG;

	b.  showing he was transferred to the ING effective 25 April 2006;

	c.  voiding his 5 April 2007 ARNG enlistment;

	d.  showing he was transferred from the ING to the OHARNG effective 5 April 2007;

	e.  requiring him to extend for the equivalent period of time he was out of the OHARNG (i.e., 25 April 2006 - 4 April 2007 and 5 April 2008 to the date of his reinstatement as implemented by this Board action); and

	f.  showing he is eligible for payment of the $15,000 SRIP bonus and paying him any remaining payment of that bonus, out of ARNG funds, due as a result of the above corrections.




      ____________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)                                         AR20100020393



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ABCMR Record of Proceedings (cont)                                         AR20100020393



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