BOARD DATE: 7 February 2013
DOCKET NUMBER: AR20120013717
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 cancellation of his enlistment bonus recoupment under the Selected Reserve Incentive Program (SRIP).
2. The applicant states he believes the State should have stopped payment before he received it. He states he started his technician job 1 month prior to receiving the bonus.
3. The applicant provides an undated, self-authored letter.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Washington Army National Guard (WAARNG) for 8 years on 5 February 1997. He extended his enlistment for 6 months on 5 January 2003. He extended his enlistment for 6 months on 5 June 2006.
2. Section II (Eligibility), number 3 on the Reenlistment/Extension Bonus Addendum he signed on 5 June 2006 states that upon his reenlistment or extension in the Army National Guard of the United States he was eligible for a Reenlistment or Extension Bonus under the SRIP if he was not reenlisting or extending for Title 10 or Title 32 Active Guard/Reserve tour or for a technician position.
3. Section V (Termination), number 5 on the Reenlistment/Extension Bonus Addendum states that he understood he would be terminated from bonus eligibility with recoupment if he accepted a military technician position.
4. The available records show that the applicant is currently a member of the WAARNG.
5. The applicant provides an undated, self-authored letter stating the following:
* in July 2006, he reenlisted in the WAARNG for 6 years
* with the expiration of his term of service 8 months out, he had no intention in seeking a full time technician job
* after returning to the States he was offered an opportunity to apply for a full time technician job not realizing the impact it would create towards his bonus
* he has completed many school courses and he remained military occupational specialty qualified
* he achieved course standards or higher
* his Noncommissioned Officer Evaluation Reports reflect greatly upon him for leadership training
* now, 5 years and 2 months into his current contract, he has been notified of the recoupment
* taking the money back would cause a significant impact on him and his familys day to day living and quality of life
* having a child with special needs has taken a large toll on his family
* receiving his drill pay helps him provide for his family
6. During the processing of the applicants appeal, an advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, who stated:
* the Soldier signed a reenlistment/extension on 5 June 2006
* prior to the bonus effective date of 5 February 2007, the applicant accepted a military technician position
* he was paid an extension bonus of $15,000.00
* the Reenlistment/Extension Bonus Addendum he signed on 5 June 2006 clearly states in Section V that he would be terminated from bonus eligibility of he accepted a military technician position
* termination of eligibility was effective on the start date of the military technician position
* he accepted a military technician position on 7 January 2007, prior to the effective date of the bonus
* he was not eligible to receive the bonus
* he was erroneously paid and the bonus was recouped
7. A copy of the advisory opinion was sent to the applicant on 27 August 2012 for his information and opportunity to respond. No response was received.
8. Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) prescribes the policy and procedures for the administration of the Army National Guard and the U.S. Army Reserve incentive programs. The regulation identifies the documents required to effect a reenlistment or extension which includes reenlistment/extensive incentive annexes which applicants' are required to read and understand prior to effecting a reenlistment or extension.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that recoupment of his $15,000.00 ARNG reenlistment bonus should be cancelled is without merit.
2. Evidence of record shows that the applicant was paid $15,000.00 towards a contract with the WAARNG. He signed an enlistment bonus addendum prior to his receiving his bonus. The addendum acknowledged he had been advised of and understood the conditions of the program which could cause suspension, or termination and recoupment.
3. The applicant's record shows that he clearly acknowledged that he understood the NGB policy and regulatory guidance in place at the time he signed his contract accepting an enlistment extension with bonus agreement.
4. In view of the foregoing, the applicants request should be denied.
DISCUSSION AND CONCLUSIONS:
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) AR20120013717
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ABCMR Record of Proceedings (cont) AR20120013717
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