BOARD DATE: 20 November 2012
DOCKET NUMBER: AR20120006485
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 recoupment of his reenlistment bonus be stopped and that he be reimbursed any portion of the bonus already recouped.
2. The applicant states he is still fulfilling his reenlistment obligation and was in the Inactive National Guard (ING) for no more than 23 months based on an overseas civilian contracting job.
3. The applicant provides the documents identified in item 9 (In support of this application, I submit as evidence the following attached documents) of his application.
CONSIDERATION OF EVIDENCE:
1. On 8 August 1991, the applicant enlisted in the Army National Guard (ARNG). He currently remains a member in good standing in the ARNG.
2. On 25 April 2005, the applicant completed a National Guard Bureau (NGB) Form 600-7-3-R-E (Reenlistment/Extension Bonus Addendum) in which he was authorized to receive a $15,000.00 bonus under the Selected Reserve Incentive Program (SRIP). In the agreement, he acknowledged his understanding that he would be suspended from bonus eligibility if he entered a period of non-availability (placement in the ING) for 1 year for personal reasons, or 3 years for missionary obligations.
3. On 31 December 2005, the applicant requested and was placed in the ING. He was reassigned to an active status from the ING after 1 year and 11 months, on 30 November 2007. He executed two one-year extensions in 2010 and 2011. His current expiration of term of service is 23 December 2012.
4. In connection with the processing of this case, an advisory opinion was obtained from the Office of The Deputy Chief of Staff, G-1, Incentives and Budget Branch, Enlisted Accessions Division. This official recommends the applicant be granted full administrative relief. He states that the regulation requires that Soldiers who complete a period of nonavailability and request reinstatement of eligibility for incentives and resumption of subsequent payments extend their contract, enlistment, or reenlistment agreement within 90 days after completing the period of nonavailability in order to serve out the full incentive contract period in the Selected Reserve. However, in this case the applicant was not notified of the actual termination and recoupment did not take place until four years after the applicant was reassigned to an active status. So even though he did not extend within the 90 days established by regulation given there is no evidence of wrongdoing and he remains a Soldier in good standing and has extended beyond the time necessary to serve out his full incentive contract period, full administrative relief would be appropriate.
5. On 24 April 2012, the applicant responded to the G-1 advisory opinion. He stated he reviewed the G-1 comments, and he would also like the Board to take into consideration the fact the recoupment is causing him a financial hardship.
6. Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR) incentive programs. Paragraph 1-15 contains guidance on suspension of SRIP incentives and states the member will be suspended from the incentive program during authorized periods of non-availability which includes transfer to the ING. Suspension for transfer to the ING will be for a maximum period of 1 year. Reinstatement requires extension of their enlistment or reenlistment agreement within 30 days in order to serve out the full incentive contract period in the Selected Reserve. A Soldier who does not comply with all of the requirements will be subject to termination of SRIP with recoupment action required.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to correct his record to show he is authorized the SRIP incentive based on his commitment to complete the period of service for which it was authorized has been carefully considered and found to have merit.
2. The applicant did not technically satisfy the requirement to extend his reenlistment/extension within 30 (or 90) days of his transfer back into an active Reserve status, as indicated in the G-1 advisory opinion. However, he did extend his period of service beyond that required to satisfy the original SRIP incentive requirement and remains a member of the ARNG in good standing. Therefore, it would be appropriate to correct his record to show he did complete the necessary extension requirement and was reinstated into the SRIP with eligibility for the bonus originally authorized. Further, the applicant should be reimbursed any portion of the bonus already collected.
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 he satisfied the reinstatement requirements within the prescribed timeframe and his eligibility for the SRIP incentive bonus was authorized upon his return to the active Reserve; and by providing him any portion of the reenlistment bonus already collected.
_______ _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) AR20120006485
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