IN THE CASE OF:
BOARD DATE: 20 August 2013
DOCKET NUMBER: AR20130000624
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 recreation of a missing bonus addendum and enlistment contract in order to receive the second half of the bonus payment and to stop recoupment of the first payment.
2. The applicant states his recruiter (Sergeant First Class (SFC) B____) and Enlisting Officer (First Lieutenant (1LT) D____) provided sworn statements that there was a $15,000.00 Prior Service Bonus addendum completed at the time of enlistment. Standard Installation/Division Personnel System (SIDPERS) Clerk (Ms. H____) provided an Enlistment Accession Worksheet that shows there was an Enlistment Bonus authorized. The Defense Finance and Accounting Service (DFAS) made an initial payment. It is evident that the enlistment packet was lost at some level, because none of the documentation to include the DD Form 4-1 (Enlistment Contract) is in his Interactive Personnel Electronic Record Management System (iPERMS) records.
3. The applicant provides copies of a 3 August 2012 National Guard Bureau (NGB) denial letter, three DA Forms 2823 (Sworn Statement), a bonus control number screen printout, a 26 August 2009 Leave and Earnings Statement (LES), an Enlistment Accession Worksheet, a Critical Military Occupational Specialty (MOS) listing, and 19 pages of e-mails related to the issue.
CONSIDERATION OF EVIDENCE:
1. The applicant, a Florida Army National Guard (ARNG) sergeant, enlisted, with prior service, on 5 December 2008 in MOS 88M (Motor Transport Operator).
2. His iPERMS record contains a copy of a DD Form 4 - Annex A (Enlistment/Reenlistment Agreement - Army National Guard) but not a copy of the DD Form 4 (Enlistment/Reenlistment Agreement). The DD Form 1966 (Record of Military Processing) contains no reference to any addenda or bonus considerations.
3. An Interactive Management and Reporting Center (iMARC) printout shows the applicant was issued a control number with a beginning date of 5 December 2008 for a 6-year prior service bonus in the amount of $15,000.00.
4. The applicant's 26 August 2009 LES shows payment of a reenlistment bonus in the amount of $7,500.00.
5. The applicant provides three sworn statements attesting to the fact that he was authorized receipt of the $15,000.00 bonus, completed a bonus agreement, and was granted a bonus control number.
6. In a 3 August 2012 NGB Memorandum, the Deputy G1 ARNG denied the applicant's request for an exception to policy to grant retention of a $15,000.00 enlistment bonus and directed the State Incentive Manager to recoup the monies. The rationale for this action was that the applicant's bonus addendum could not be located. Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures) requires the addendum in order to validate the agreement. Without a valid agreement recoupment is warranted.
7. DoDI 1205.21 sets forth the policy, assigns responsibilities, and prescribes procedures for management of the Reserve components incentive programs.
a. Paragraph 6.2 (Written Agreements) states: As a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member.
b. Paragraph 6.8 (Termination and Recoupment) states: If 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 for service performed before the termination date.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant qualified for a $15,000.00 reenlistment bonus based on his 5 December 2008 prior service enlistment for 6 years in MOS 88M.
2. The iMARC statement and his LES show he received the first half of the bonus under a control number in July 2009.
3. The NGB denial is incomplete in its facts and findings. While there is no bonus addendum there is also no enlistment document.
4. Combining the absence of the addendum and the DD Form 4 with the sworn statements, the entries on the iMARC statement, and the LES, there is sufficient evidence to accept that the proper documentation was prepared and forwarded at the time of his enlistment.
5. Therefore, it would be appropriate to correct the records to show the applicant had completed a $15,000.00 prior service bonus addendum and was issued a Bonus Control Number at the time of his enlistment.
6. Further, DFAS should halt any recoupment action, reimburse to the applicant any monies already recouped, and pay the applicant the remaining $7,500.00 bonus from ARNG funds.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all State ARNG and Department of the Army records of the individual concerned be corrected by:
a. showing the applicant had a properly completed $15,000.00 prior service bonus addendum with issuance of a Bonus Control Number at the time of his December 2008 enlistment and
b. halting any recoupment action, reimbursing to the applicant any monies already recouped, and paying the applicant the remaining $7,500.00 bonus from ARNG funds.
_______ _ _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.
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