IN THE CASE OF:
BOARD DATE: 21 May 2013
DOCKET NUMBER: AR20120019240
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, cancellation of the recoupment of her extension bonus.
2. The applicant states the National Guard Bureau (NGB) denied her request for exception to policy for repayment of her extension bonus. NGB did not consider the fact that she enlisted back into the Indiana Army National Guard (INARNG) and she is actively serving until her new expiration of term of service (ETS) on
17 May 2015. She should not have to repay the bonus from 2008.
3. The applicant provides:
* DD Forms 4/1 and 4/2 (Enlistment/Reenlistment Document Armed Forces of the United States)
* NGB memorandum, dated 1 May 2012
CONSIDERATION OF EVIDENCE:
1. On 28 March 2002, the applicant enlisted in the INARNG for a 6-year term of service.
2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated
21 November 2007, shows the applicant extended her current enlistment in the INARNG by 6 years, thereby changing her ETS date to 27 March 2014.
3. An NGB Form 600-7-6-R (Annex X to DD Form 4 Prior Service Enlistment Bonus Addendum Army National Guard of the United States), dated
21 November 2007, shows in Section III (Bonus Amount and Payments) the applicant enlisted for a $15,000.00 bonus, less taxes, to be paid in a lump sum and processed for payment on the date of reenlistment or that the contract extension took effect. Section VI (Termination with Recoupment) states, "I understand that I will be terminated from the bonus eligibility with recoupment, if I separate from the ARNG for any reason unless due to death, illness, or other impairment not the result of own misconduct)." The applicant initialed and signed the document.
4. Orders 039-574, issued by the Joint Force Headquarters, INARNG, dated
31 October 2011, show the applicant was discharged from the ARNG and as a Reserve of the Army, effective the date of the orders.
5. The applicant's NGB Form 22 (Report of Separation and Record of Service) shows she was honorably discharged from the INARNG on 31 October 2011, and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing 9 years, 7 months, and 3 days of total service for pay.
6. On 1 May 2012, the Deputy G-1, NGB, notified the applicant that her request for an exception to policy to retain the $15,000.00 extension bonus offered at the time of her 21 November 2007 extension was denied. The official stated:
a. In accordance with the ARNG Selected Reserve Incentive Program (SRIP) Guidance 07-06, eligible Soldiers were offered a reenlistment/extension bonus. The applicant reenlisted/extended into the INARNG for the reenlistment/
extension bonus in a critical unit. She failed to complete the service obligation by transferring to the Individual Ready Reserve (IRR)) on 31 October 2011.
b. Department of Defense Directive 1205.21, paragraph 6.8.2, states separation from the Selected Reserve for any reason is ground for termination.
7. The applicant provided DD Forms 4/1 and 4/2, dated 18 May 2012, that show she enlisted in the INARNG for a 6-year term of service.
8. A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned, the authority to determine on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.
DISCUSSION AND CONCLUSIONS:
1. The applicants request for cancellation of the recoupment of her extension bonus was carefully considered.
2. Evidence of record shows the applicant initially enlisted in the INARNG on
28 March 2002. On 21 November 2007, she extended her current enlistment in the INARNG by 6 years, thereby establishing a new ETS date of 27 March 2014. She was paid $15,000.00 bonus for her extension. She initialed and signed Section VI of her bonus addendum that stated, "I understand that I will be terminated from the bonus eligibility with recoupment, if I separate from the ARNG for any reason unless due to death, illness, or other impairment not the result of own misconduct.
3. The applicant's NGB Form 22 shows she was discharged from the INARNG 31 October 2011 and transferred to the USAR Control Group (Reinforcement). The applicant has not provided a compelling explanation or evidence to show that it would be in the interest of justice to cancel recoupment of the portion of the bonus she did not earn.
4. The applicant provided DD Forms 4/1 and 4/2, dated 18 May 2012, that show she enlisted in INARNG for a 6-year term of service. However, her new enlistment in INARNG is not a basis for cancelling bonus recoupment that resulted from her failure to complete the term of service she agreed to when she extended her enlistment on 21 November 2007.
5. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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) AR20120019240
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ABCMR Record of Proceedings (cont) AR20120019240
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