IN THE CASE OF:	  

		BOARD DATE:	    2 July 2013

		DOCKET NUMBER:  AR20120021040 


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 remission/cancellation of his reenlistment bonus recoupment action.

2.  The applicant states:

* in May 2012, he requested transfer to the Inactive National Guard (ING) due to hardship reasons
* his request was approved and he was informed that he would not be liable for anything going forward after turning in his Table of Allowances (TA) 50 equipment
* he served his State and country proudly for almost 10 years with deployments to Fort Polk, LA, and Afghanistan; he extended his initial enlistment while serving in Afghanistan
* he was forced to get out and he had to request a hardship discharge due to a lack of employment
* he received active duty operational support (ADOS) orders for a unit in Aurora, IL
* he was told his 6-month orders would get extended beyond that and he would eventually be placed on Active Guard Reserve (AGR) status
* he did everything in his power to be a recruiter and he was told by the outgoing first sergeant (1SG) he was next in line for a recruiting job
* when the position became available, another Soldier was given the job due to his friendship with a team leader and this made him upset and bitter
* he was told to submit a packet to extend his ADOS orders for another 12 months only to find out less than a week later that the State of Illinois had to cut all the ADOS positions, leaving him unemployed
* he was forced to go on unemployment and look for a new job/career
* his wife's company presented a job opportunity that left them no choice but to take it and this forced him to ask for ING status
* he would have finished his contract to the fullest and beyond if it had not been for extenuating circumstances with his family and employment
* he thought both parties parted without anything promised or owed on either side
* his current financial status and expenses do not allow him to pay this or any amount back

3.  The applicant provides:

* self-authored memorandum to the Illinois Army National Guard (ILARNG), dated 17 March 2011
* letter, subject:  Requesting Exception to Policy (ETP), undated 
* memorandum to the applicant from the ILARNG Education Services Officer, subject:  Notification of Incentive Eligibility Termination, dated 
3 October 2012

CONSIDERATION OF EVIDENCE:

1.  On 14 January 2009, the applicant reenlisted in the ILARNG for a period of
3 years in the rank/grade of sergeant (SGT)/E-5 while he was deployed in a combat zone (Afghanistan).

2.  His DD Form 4/1 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 14 January 2009, shows his enlistment contract included:

* Annex R (Reenlistment/Extension Addendum (National Guard Bureau (NGB) Form 600-7-3-R-E))
* Annex K (Montgomery GI Bill Kicker Addendum (NGB Form 5435))

3.  Annex R, Section VI (Termination with Recoupment) shows he acknowledged he understood he would be terminated from the bonus eligibility with recoupment if he exceeded the maximum time authorized in the ING and that recoupment would be calculated from the date of transfer into the ING.

4.  On 17 March 2011, the applicant submitted a request to be placed in the ING due to personal, financial, and employment reasons.


5.  On 26 April 2011, the applicant signed an ING counseling checklist acknowledging he understood his responsibilities as a member of the ING.

6.  Orders 122-047, issued by the Department of Military Affairs, State of Illinois, Springfield, IL, dated 2 May 2011, show the applicant was transferred to the ING effective 20 May 2011.

7.  The applicant submitted a request for an ETP that would allow him to keep his bonus and alleviate a financial hardship to his family.

8.  On 21 September 2012, the NGB denied the applicant's ETP request for remission/cancellation of his bonus debt due to the fact he had exceeded the 1-year service limitation in the ING and because he had not taken action to extend his enlistment within 30 days of returning to duty.  He was advised to apply to the Army Board for Correction of Military Records (ABCMR) if he still felt there was an error or injustice.

9.  On 3 October 2012, a memorandum was dispatched from the ILARNG Education Services Officer informing the applicant that action was being taken to recoup $1,666.67 of his bonus due to his transfer to the ING.

10.  In the processing of this case, on 13 February 2013, a staff advisory opinion was obtained from the NGB.  The advisory official recommended denial of the applicant’s request and stated:

	a.  According to his bonus addendum and NGB Regulation 614-1 (Inactive Army National Guard), paragraph 2-21, he would have his bonus suspended if he went into the ING for 1 year due to hardship.

	b.  The applicant could elect to return to an active status and may be eligible to have his bonus reinstated.

11.  On 15 February 2013, the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 18 February 2013, the applicant responded to the effect that he had no choice but to go on an inactive Reserve status due to his hardship reasons.  His orders ran out after 6 months and all of the ADOS positions were filled with civilians.  He was left without a job and with limited possibilities.  He moved, had to return, and is not in a position to repay $1,666.

12.  National Guard Regulation 614-1 (Inactive Army National Guard) prescribes rules for use of the ING, enlistment into the ING as part of the Recruit Force Pool 


(RFP), transfer between active status and the ING, accounting for personnel in the ING, restrictions on Soldiers while assigned to the ING, reporting, annual muster requirements, entitlements, responsibilities, and describes the effect of a mobilization, call or order to active duty on Soldiers in the ING.

	a.  Paragraph 2-21a states Soldiers temporarily transferred to the ING will be suspended from the Selected Reserve Incentive Program (SRIP) while in the ING.  Soldiers who remain in the ING for more than 1 year will have their participation in the SRIP terminated and may be subject to recoupment of incentives previously received.

	b.  Paragraph 2-21b states Soldiers transferred to the ING who transfer to active status and fill an existing vacancy in the Selected Reserve authorizing the Soldier's grade and MOS in a bonus authorized unit or a bonus authorized military occupational specialty (MOS) may have their previously suspended participation in the SRIP reinstated.  Within 30 days of returning to active status, the Soldier must extend their enlistment or reenlistment agreement for the period of time equal to or greater than the time served in the ING.  This will allow the Soldier to serve out the full incentive contract period in the Selected Reserve.  A Soldier who does not comply with this requirement will be terminated from the SRIP and may be subject to recoupment of incentives previously received.

13.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for the remission or cancellation of indebtedness.  It provides that the objective of remission or cancellation is to remit or cancel debts that are considered unjust.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for remission/cancellation of his reenlistment bonus was carefully considered.

2.  The applicant was informed at the time of his enlistment that his bonus would be recouped if he exceeded the maximum of 1 year in the ING unless he took steps to extend his service to complete the entire incentive contract.

3.  The applicant still has the option of returning to an active status (not necessarily active duty) in the Selected Reserve in a bonus-authorized unit or bonus-authorized MOS to serve out his full incentive contract period.

4.  He has not shown through the evidence of record or the evidence submitted with his application that his debt is in error or unjust.


5.  In view of the foregoing, there is no 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)                                         AR20120021040



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ABCMR Record of Proceedings (cont)                                         AR20120021040



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