IN THE CASE OF:	  

		BOARD DATE:	    2 July 2013

		DOCKET NUMBER:  AR20120021048 


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 correction of her record to show a waiver was granted for the recoupment of her non-prior service enlistment bonus (NPSEB).

2.  The applicant states she submitted a request for an exception to policy to correct a discrepancy with her NPSEB.  She originally enlisted in the New Jersey Army National Guard (NJARNG) on 30 August 2007.  She contracted for military occupational specialty (MOS) 68W (Health Care Specialist).  She then transferred to MOS 35M (Human Intelligence Collector) and attended basic training and advanced individual training (AIT).  She completed her training on
13 August 2009.  She received the first half of her NPSEB right after completing AIT.

3.  The applicant states that in January 2010 her husband was transferred to Arizona for employment.  She had to move with him.  She was forced to reclassify to a non-critical MOS of 31B (Military Police).  She did this reluctantly, because her critical skill MOS of 35M was not offered to her.  She also signed paperwork stating she understood she would not receive the second half of her NPSEB, but she could keep the first half from the NJARNG.

4.  The applicant states she submitted numerous memoranda to her unit.  She tried to submit a release to go on active duty.  However, her requests were denied several times.  Now she has received a letter stating that her request for an exception to policy (ETP) was denied and the ARNG is recouping the first half of her NPSEB of $10,000.00 and another unknown payment of $2,222.00.


5.  The applicant believes there was an error in the documentation concerning her interstate transfer.  She is now divorced and has many financial obligations in addition to the expenses for moving and finding a job elsewhere.  She is requesting that the recoupment be waived because she is planning to enlist in the U.S. Marine Corps as soon as she reaches the expiration of her current term of service.

6.  The applicant provides a memorandum from the National Guard Bureau (NGB), subject:  Request for ETP for NPSEB (applicant's name and Social Security Number), dated 31 August 2012.

CONSIDERATION OF EVIDENCE:

1.  A DD Form 4/1 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 30 August 2007, shows the applicant enlisted in the ARNG for a period of 8 years.  On that same day, she also enlisted in the NJARNG for a period of 6 years.

2.  Annex E (NPSEB Addendum) to her DD Form 4, dated 30 August 2007, shows the applicant enlisted for MOS 68W that was designated as an NGB or state critical skill MOS.  Section V - Termination states she would be terminated from bonus eligibility, with recoupment, if she voluntarily transferred into a non-critical skill MOS or transferred from the unit for which the bonus was awarded upon enlistment.  The applicant's signature appears at the bottom of this addendum along with the signature of a service representative, both dated 
30 August 2007.

3.  On 7 January 2009, the applicant was ordered to active duty for training (ADT).  She completed her initial training and she was awarded MOS 35M.  On 13 August 2009, she was released from ADT and she was transferred to Headquarters and Headquarters Company, 1st Battalion, 150th Air Assault, NJARNG.

4.  Orders 060-049, issued by the State of New Jersey, dated 1 March 2010, released the applicant from the NJARNG and transferred her to the Arizona Army National Guard (AZARNG), effective 26 January 2010.  These orders show her assignment to the AZARNG in MOS 31B.

5.  Orders 033-600, issued by Joint Force Headquarters - Arizona, dated
2 February 2011, transferred the applicant to the Inactive National Guard of the AZARNG for a period of 1 year from 20 February 2011 through 19 February 2012.


6.  Orders 305-638, issued by the same headquarters, dated 1 November 2011, returned the applicant to an active status in the AZARNG, but into an excess position, effective 15 October 2011.

7.  Orders 117-622, issued by the same headquarters, dated 26 April 2012, reassigned the applicant within her unit for duty in MOS 31B, in an excess position, effective 25 April 2012.

8.  NGB memorandum, subject: Request for an ETP for NPSEB, dated
31 August 2012, states:

	a.  The applicant's request for an ETP was denied.

	b.  The State Incentive Manager was to terminate the applicant's incentive with recoupment effective 27 January 2010.

	c.  The applicant had enlisted in the NJARNG on 30 August 2007 for the NPSEB in critical skill 68W.  She completed an interstate transfer to the AZARNG on 27 January 2010 and reclassified into a non-critical skill MOS of 31B.

	d.  In accordance with Selected Reserve Incentive Program (SRIP) guidance, bonus eligibility will be terminated with recoupment if the service member voluntarily transfers into a non-critical skill MOS or transfers from the unit for which the bonus was awarded upon enlistment.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her military record should be corrected to show the recoupment of her NPSEB was waived because she had to move with her husband to Arizona.

2.  The available evidence clearly shows the applicant enlisted in the NJARNG for training in a critical skill MOS.  She signed an addendum for an NPSEB with the understanding that it would be terminated with recoupment if she voluntarily transferred into a non-critical skill MOS or transferred from the unit for which the bonus was awarded upon enlistment.

3.  Regardless of the circumstances, on or about 26 January 2010, the applicant voluntarily transferred from the NJARNG to the AZARNG.  She was subsequently assigned for duty in a non-critical MOS.  This transfer caused her to lose eligibility for the NPSEB.  As such, her NPSEB was terminated with recoupment in accordance with the conditions of her enlistment contract.
4.  The applicant's argument that she had to move with her husband implies her transfer was other than voluntary.  Unfortunately, this is not the case.  She could have chosen instead to remain with her unit in the NJARNG and retain her NPSEB.

5.  The applicant contends she signed paperwork stating she could keep the first half of the NPSEB from the NJARNG.  She also contends she submitted numerous memoranda to her unit in an attempt to go on active duty.  However, she has not provided any documentary evidence of these actions.  Furthermore, she has not offered a valid argument as to why either of these actions would overcome the conditions of her NPSEB addendum.

6.  There is no evidence of error or injustice in this case.

7.  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)                                         AR20120021048



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ABCMR Record of Proceedings (cont)                                         AR20120021048



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