IN THE CASE OF:	  

		BOARD DATE:	  13 June 2013

		DOCKET NUMBER:  AR20120020930 


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 the action to recoup his enlistment bonus be stopped. 

2.  The applicant states the recoupment of his enlistment bonus is unjust because he had to leave the Massachusetts Army National Guard (MAARNG) for a period of time because he lived in Maine and was drilling in Massachusetts.  He fell into a financial hardship where he lost his vehicle insurance, and his unit would not work with him to help him get to drill.  He informed his chain of command and wrote letters explaining his situation every month.  He was placed in the Individual Ready Reserve (IRR) of the U.S. Army Reserve (USAR) as a result.   When he got his life back together, he reenlisted in the USAR and he is serving the remaining part of his contract honorably.  He is in good standing with his unit.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MAARNG for 8 years on 26 April 2008.  He enlisted for training in military occupational specialty (MOS) 31B (Military Police) and assignment to the 772nd Military Police Company, Taunton, MA.  

2.  In connection with this enlistment, he completed several forms as follows: 

	a.  DD Form 1966/4 (Record of Military Processing), wherein he agreed to complete 6 years in the Selected Reserve with the 772nd Military Police Company in MOS 31B.  In exchange, he was offered a $20,000 enlistment bonus, 100% free tuition and fees waiver, GI Bill and GI Bill Kicker, and the College First Option. 

	b.  Guard Annex, wherein he indicated he agreed to be a member of an ARNG unit for 6 years and a member of the IRR for 2 years.  

	c.  Annex E, wherein he indicated he was enlisting in the ARNG for 6 years and he was eligible for a $20,000 enlistment bonus.  He agreed that his bonus would be paid at the rate of 50 percent upon completion of training and the remainder would be paid on the 36th month anniversary of his enlistment.  He further indicated he understood his bonus would be terminated with recoupment in the event he:

* voluntarily transferred into a non-critical MOS or transfer from the unit for which the bonus was awarded upon enlistment (recoupment begins on the date of transfer)
* separated from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of his own misconduct
* became an unsatisfactory participant (9 unexcused absences in       12-month period or failed to attend or complete annual training)

3.  He entered active duty for training (ADT) on 27 January 2009 and successfully attended and completed training for MOS 31B.  He was honorably released from ADT on 18 June 2009.  

4.  On 31 August 2009, the MAARNG published Orders 243-15 reassigning him from the 772nd Military Police Company, Taunton, MA to the 972nd Military Police Company, Reading, MA per his individual request.  
	
5.  On 19 September 2009, the MAARNG published Orders 262-007 reducing him from private first class/E-3 to private/E-2 effective 29 January 2009 by reason of unsatisfactory participation.

6.  On 21 December 2009, the MAARNG published Orders 355-043 reducing him from private/E-2 to private/E-1 effective 12 December 2009 by reason of inefficiency.

7.  On 11 June 2010, the MAARNG published Orders 162-026 ordering his discharge from the MAARNG with a general characterization of service and with subsequent reassignment to the IRR.

8.  His NGB Form 22 shows he was discharged from the ARNG on 1 June 2010 and transferred to the USAR Control Group (Reinforcement) to complete his remaining service obligation.  He completed 2 years, 1 month, and 7 days of ARNG service. 

9.  On 2 August 2011, the U.S. Army Human Resources Command published Orders C-08-110855 transferring him from the USAR Control Group (Reinforcement) to a troop program unit of the USAR. 

10.  An advisory opinion was received on 10 December 2012 from the Office of the Deputy Chief of Staff, G-1, in the processing of this case.  An advisory official recommended partial approval.  He stated the applicant received 50 percent of the promised bonus.  He completed 2 years, 1 month, and 7 days in the ARNG.  After his discharge from the ARNG, he voluntarily transferred from the IRR to a TPU on 2 August 2011.  He has since completed 1 year and 4 months in a TPU. As a result of completing 3 years of combined service, his debt related to the enlistment bonus should be stopped.  However, he should not receive any further benefits based on his original April 2008 ARNG enlistment contract.

11.  The applicant was provided with a copy of this advisory opinion but he did not respond. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the ARNG in April 2008.  He agreed to serve for 6 years in the critical MOS of 31B and in a Military Police unit in exchange for a $20,000 enlistment bonus to be paid in two installments, the first upon completion of training and the second on the 36th month anniversary of his enlistment.  

2.  He contends his separation was based on job-related problems.  The available evidence, however, shows he voluntarily transferred to another Military Police Company on 31 August 2009, was reduced to E2 on 29 January 2009 by reason of unsatisfactory participation, was reduced to E-1 on 12 December 2009 by reason of inefficiency, and was finally separated from the ARNG as an unsatisfactory participant on 1 June 2010.  

3.  It appears the applicant violated multiple clauses of his enlistment contract which required termination of his bonus incentive with recoupment of any monies already paid.  

4.  However, he has since transferred to a TPU of the USAR and has since completed 1 year and 4 months of service which when combined with his 2 years and 7 months of ARNG service equates to over 3 years of combined service.  In effect, he completed half of the service he agreed to serve.  As such, despite the breach of contract, as a matter of equity, the recoupment action should be stopped but he should not be allowed to receive the second increment of his ARNG enlistment bonus. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing cancellation of the recoupment action of the first installment of his April 2008 ARNG enlistment contract was approved.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to payment of the second installment of his April 2008 ARNG enlistment contract.



      _______ _   _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)                                         AR20120020930





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ABCMR Record of Proceedings (cont)                                         AR20120020930



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