IN THE CASE OF: 

		BOARD DATE:	    11 December 2012

		DOCKET NUMBER:  AR20120014780 


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, the recoupment action of his $15,000 extension/reenlistment in the Army National Guard (ARNG) bonus be stopped and he be paid the bonus.   

2.  The applicant states:

* He enlisted in November 2008 for a period of 6 years in exchange for a $15,000 enlistment bonus
* He returned home from deployment in 2010 to find he no longer was employed due to the collapse of the housing market
* He requested to transfer to an Inactive National Guard (ING) status to pursue the only employment opportunity available to him as a DOD contractor
* His chain of command approved his request without explaining to him the impact on his bonus
* Had he known recoupment action would start if he transferred to an ING status, he would have chosen a different approach
* The bonus recoupment is negatively affecting his family's financial readiness

3.  The applicant provides:

* DA Form 2823 (Sworn Statement)
* DD Form 4 (Enlistment/Reenlistment Document)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* National Guard Bureau (NGB) Form 600-7-3-R-E (Anne R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum - ARNG)
* Request for an exception to policy and denial letter from the NGB
* Orders 091-912 (transfer to ING)
* Notification of recoupment action
* Request for Transfer to Active ARNG Status from the ING
* Orders 009-905 (transfer from ING)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Washington ARNG (WAARNG) for a period of 8 years on 28 February 2003 and he was trained in and held military occupational specialty (MOS) 21B (Combat Engineer). 

2.  He entered active duty on 8 March 2004 and subsequently served in Kuwait/Iraq for a period of 9 months and 27 days.  He was honorably released from active duty on 1 May 2005 to the control of the state. 

3.  On 18 August 2008, he was ordered to active duty in support of Operation Iraqi Freedom.  He served in Iraq from 25 October 2008 to 9 November 2009.  

4.  On 18 November 2008, while in Iraq, he executed a 6-year extension in the ARNG.  In connection with this extension, he completed Annex R wherein he acknowledged he understood:  

* He was reenlisting or extending in a critical unit identification code (UIC) and/or critical skill
* Upon his extension or reenlistment in the ARNG, he was eligible to receive a reenlistment or extension bonus under the Selected Reserve Incentive Program (SRIP), if otherwise qualified
* He would receive a $15,000 bonus in exchange for his 6-year extension/reenlistment
* His bonus would be recouped if he failed to extend his enlistment for the period served in the ING within 30 days after returning to his unit - recoupment would be calculated from the effective date of transfer to the ING
* His bonus would also be recouped if he exceeded the maximum time authorized in the ING
* He had read his contract and understood its contents

5.  He was honorably released from active duty on 21 January 2010 to the control of his state.

6.  In March 2010, he requested to be transferred to the ING.  Accordingly, on 1 April 2010, the WAARNG published Orders 091-912 transferring him to the ING effective 29 March 2010 per his individual request.  

7.  On 5 December 2011, by memorandum, the State Incentive Manager notified him that a discrepancy existed in his bonus eligibility.  He had extended for 6 years but failed to return from the ING to a drilling status within 12 months.  As such, the amount of $12,291.67 would be recouped.  He was advised of the option to submit an exception to policy if he felt there was an error in the recoupment action.

8.  In January 2012, he requested a return to drilling status from the ING.  Accordingly, the WAARNG published Orders 009-905 transferring him from the ING to a drilling status with Company C, 81st Brigade Special Troop Battalion. 

9.  On 10 January 2012, he submitted an exception to policy request regarding the bonus, detailing the challenges he faced upon returning from deployment.  

10.  On 1 February 2012, the NGB denied his request and ordered his bonus terminated with recoupment.  The NGB official stated the applicant failed to return from ING status within 12 months for personal reasons and he failed to extend his ARNG contract within 30 days of return to drilling status. 

11.  On 29 February 2012, an official at the Recruiting and Retention Battalion, of the WAARNG reiterated the position that the bonus would be denied and recoupment action started because of the reasons stated in the NGB's denial letter. 

12.  He submitted a sworn statement wherein he states that he requested a transfer to the ING to pursue the only employment option available to him - a DOD contractor - after the housing market collapse.  His chain of command approved his request without explaining he would be breaching his contract or the consequences of his own actions.  The recoupment would create a financial hardship to him and his family.  He has given the ARNG everything and he would continue to do so. 

13.  ARNG Selective Reserve Incentive Program Policy Number 07-06, dated
10 August 2007, states in paragraph 14 that if an entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments except for payments of service performed before the termination date.

14.  Army Regulation 135-7 (Incentive Programs) states the prior service enlistment bonus incentive offers a cash bonus to eligible persons with prior military service who enlist in the Selected Reserve in a designated MOS announced by Headquarters, Department of the Army.  A cash bonus is offered to any person who meets certain requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant extended his enlistment contract with the WAARNG for a period of 6 years on 18 November 2008, while in Iraq, in exchange for a $15,000 bonus.  However, shortly upon demobilization in March 2010, he requested a transfer to the ING for personal reasons.  

2.  He remained in the ING from 29 March 2010 to 5 January 2012, a period that exceeded 12 months.  Since he did not return from an ING status after 12 months, he violated the contractual agreement he had with the WAARNG.  He had agreed upon extending that his bonus would be terminated with recoupment action if he did so.  

3.  He agreed to serve at least 6 years in a paid drill status, for a critical UIC and MOS which has been identified as a $15,000 critical MOS.  He acknowledged he understood the circumstances upon which is bonus would be recouped.  Since he did not complete his required 6 years in a paid drill status, the unearned portion of his bonus was recouped.  The negative impact that this recoupment action has left is regrettable.  However, this is a natural result of his own actions and a personal choice that he made.  There is neither an error nor an injustice.  

4.  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)                                         AR20120014780





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ABCMR Record of Proceedings (cont)                                         AR20120014780



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