IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110005594 


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 correction of his 2005 enlistment contract to show he enlisted under the 3x5 (3 years in the Selected Reserve and 5 years in the Individual Ready Reserve) option with entitlement to a $10,000 enlistment bonus vice enlistment under the 6x2 option. 

2.  The applicant states:

* He enlisted under the 3x5 option into a critical military occupational specialty (MOS) of 63H (Track Vehicle Repairer) which entitled him to a $10,000 enlistment bonus
* When he went to the Military Entrance Processing Station (MEPS) to complete the paperwork, his paperwork showed he enlisted under the 6x2 option
* He served his 3 years as well as an additional year in Iraq after being involuntarily extended 
* Upon separation from the Arkansas Army National Guard (ARARNG) in 2009, he was notified that he owes the Government a debt
* The debt resulted from a recoupment of a portion of his bonus
* His credit score has been lowered as a result of this debt and he has written to various people in an attempt to resolve this issue

3.  The applicant provides:

* Two collection letters from the Department of Treasury
* 
DA Form 4187 (Personnel Action)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of separation and Record of Service)
* NGB No-Prior Service (NPS) Enlistment Bonus Implementation Policy
* DD Form 4 (Enlistment/Reenlistment Document) and allied documents and annexes

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARARNG for 8 years on 30 May 2005.  Item 32 (Specific Options/Program Enlisted for) of his DD Form 1966/3 (Record of Military Processing – Armed Forces of the United States) shows he enlisted for assignment to the 142nd Field Artillery (FA) Battalion, 6x2 enlistment option, with an enlistment bonus, and to serve for 6 years in MOS 63H (ARNG Standard Training Program).  

2.  In connection with his enlistment in the ARNG, he completed the following allied documents:

	a.  Guard Annex (Enlistment/Reenlistment Agreement – ARNG – Service Requirements and Methods of Fulfillment) states he agreed to serve for 6 years as an assigned member of a troop program unit in the Selected Reserve.  He enlisted for assignment to the 142nd FA Battalion in MOS 63H and that he would have an Enlistment Bonus Addendum attached to his enlistment. 

	b.  Annex E (Enlistment Bonus Addendum – ARNG) shows he enlisted into the 142nd FA Battalion, to serve at least 6 years in a paid drill status, for MOS 63H which has been identified as a $10,000 critical MOS.  He acknowledged he understood he would be terminated from bonus eligibility with recoupment if he separated from the ARNG for any reason unless due to death, illness, or other impairment not the result of his own misconduct.

3.  He entered active duty for training (ADT) on 13 June 2006.  He completed basic combat and advanced individual training and he was awarded MOS 63H.  He was honorably released from ADT on 22 November 2006 to the control of his State ARNG.

4.  On 5 December 2007, he was involuntarily extended for the convenience of the Government.  He indicated that he did not intend to extend his enlistment within 12 months of his current ETS (expiration of term of service) of 29 June 2008.

5.  He was ordered to active duty in support of Operation Iraqi Freedom on 2 January 2008 and subsequently served in Kuwait/Iraq from 22 March to 14 December 2008.   He was honorably released from active duty on 28 January 2009.

6.  He was honorably discharged from the ARNG on 13 August 2009 and he was transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his remaining service obligation.

7.  His NGB Form 22 shows he completed 4 years of ARNG service and he had a military service obligation (MSO) through 29 June 2013 (8 years from his enlistment date).

8.  Subsequent to his discharge, he received notices from the Defense Finance and Accounting Service (DFAS) informing him of bonus recoupment action of a portion of his bonus as a result of non-completion of his enlistment commitment.  He owed $2,653.00 as of 4 March 2011.  He was also advised of the rights available to him.

9.  DFAS officials ultimately referred his delinquent debt to the Department of Treasury for collection.  His debt had increased to $3,303.74 and $4,228.79 as a result of applicable fees, interest, and penalties. 

10.  NGB Policy Letter 05-05, Subject: ARNG NPS Enlistment Bonus Implementation Plan for 22 April 2005 through 30 September 2005, dated 22 April 2005, provided guidance in implementing the enhanced Selected Reserve NPS Enlistment Bonus for the remainder of fiscal year 2005.  It stated:

	a.  the ARNG would offer a NPS Enlistment Bonus of $10,000 to new enlistees who agree to serve in the ARNG of the Selected Reserve for a minimum of 3 years and for the remaining years in the IRR of their contract period.  Enlistment under this option is available for options 3x5, 6x2, or 8x0 to those who meet all of the following criteria:

* Not be enlisting for the purpose of qualifying for a military technician or Active Guard Reserve position
* Enlist for one of three options (3x5, 6x2, or 8x0)
* Qualify as a category I-IIIB enlistment
* Agree to serve for a minimum of 3 years in an active drilling status in the ARNG on one of the 30 approved state critical skill MOSs

	b.  the ARNG would offer a NPS Enlistment Bonus of $6,000 to new enlistees who agree to serve in the ARNG of the Selected Reserve for a minimum of
3 years and for the remaining years in the IRR of their contract period.  Enlistment under this option is available for options 3x5, 6x2, or 8x0 to those who meet all of the following criteria:

* Not be enlisting for the purpose of qualifying for a military technician or Active Guard Reserve position
* Enlist for one of three options (3x5, 6x2, or 8x0)
* Qualify as a category I-IIIB enlistment
* Not be in one of the 30 approved state critical skill MOSs
* Agree to ship within a selected timeframe

11.  The Fiscal Year 2005 Approved MOS List from 14 December 2004 to 30 September 2005 listed critical MOS by State.  The State of Arkansas did not list MOS 63H as a qualifying MOS for the $10,000 bonus.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the ARARNG for 8 years on 30 June 2005.  He agreed to enlist under the 6x2 enlistment option which qualified him for a $10,000 enlistment bonus.  Nowhere on his enlistment contract, allied documents, or additional addendums he executed does it show he enlisted under the 3x5 option.   

2.  He agreed to serve at least 6 years in a paid drill status, for MOS 63H which has been identified as a $10,000 critical MOS.  He acknowledged he understood he would be terminated from bonus eligibility with recoupment if he separated from the ARNG for any reason unless due to death, illness, or other impairment not the result of his own misconduct.

3.  He was discharged from the ARNG at the 4-year mark.  He did not complete his required 6 years in a paid drill status.  Accordingly, the unearned portion of his bonus was recouped.  He was notified by DFAS of bonus recoupment action of a portion of his bonus as a result of non-completion of his enlistment commitment and of the rights available to him.  

4.  The negative impact that this recoupment action has left is regrettable.  However, this is a natural result of his non-payment of a portion of the bonus that was unearned due to non-completion of his contract.  There is neither an error nor an injustice.  

5.  In view of the foregoing, he is not entitled to the requested relief.

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)                                         AR20110005594



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ABCMR Record of Proceedings (cont)                                         AR20110005594



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