BOARD DATE: 3 September 2013
DOCKET NUMBER: AR20130000847
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 relief from recoupment of a bonus payment.
2. He states he believes he is entitled to the bonus he received.
3. He provides:
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* e-mail
* National Guard Bureau (NGB) Form 600-7-4-R-E (Annex B to DD Form 4 Enlisted Affiliation Bonus (EAB) Addendum Army National Guard (ARNG) of the United States)
* NGB Form 60-7-5-R-E (Annex L to DD Form 4 Student Loan Repayment Program Addendum ARNG of the United States)
CONSIDERATION OF EVIDENCE:
1. After having prior service in the Regular Army and U.S. Army Reserve, the applicant enlisted in the California ARNG (CAARNG) on 25 October 2007 for a period of 6 years.
2. Upon enlistment in the CAARNG, he signed an NGB Form 600-7-4-R-E agreeing to the terms required for receipt of a $20,000.00 EAB. This form shows, in part:
* he verified he was affiliating with a critical unit identification code (UIC) for a period of 6 years and would receive one lump-sum payment upon enlistment
* he acknowledged his bonus eligibility would be terminated without recoupment if he accepted a commission as an officer after serving more than 1 year of the incentive contract term
* he acknowledged his bonus eligibility would be terminated with recoupment if he accepted a commission as an officer prior to serving more than 1 year of the incentive contract term
3. On 26 October 2008, he entered active duty for training to attend the Officer Candidate Course. On 28 January 2009, he was honorably released from active duty after completing the course.
4. CAARNG Orders 42-1079, dated 11 February 2009, appointed him as a second lieutenant in the ARNG effective 29 January 2009.
5. CAARNG Orders 49-1057, dated 18 February 2009, discharged him from the ARNG effective 28 January 2009 (presumably to accept the aforementioned commission).
6. On the date of his application, he was serving as a first lieutenant in the CAARNG.
7. During the processing of this case, the Chief, Enlisted Incentives Branch, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, provided an advisory opinion, dated 8 February 2013. The advisory official stated a determination issued by the Office of the Secretary of Defense on 21 May 2008 precludes recoupment of a bonus from a member enlisting, reenlisting, or being appointed into any branch of the military as long as the individual received no bonus for the new period of service and the new period of service was equal to or more than the existing period of service. In cases like the applicant's, the bonus is terminated without recoupment upon a change of status. The advisory official recommended granting relief by permitting the applicant to retain any bonus payments he received prior to being commissioned.
8. The applicant was provided an opportunity to respond to the advisory opinion, but he did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the ARNG for a $20,000.00 EAB on 25 October 2007. Effective 28 January 2009, he was discharged to accept a commission in the ARNG. There is no evidence indicating he received a bonus when he was commissioned.
2. He was commissioned after the 21 May 2008 policy change that precluded recoupment of a bonus from a member appointed into any branch of the military as long as the individual received no bonus for the change in status and the new period of service was equal to or more than the existing period of service. Under this policy, there is no basis for recouping his $20,000.00 EAB provided he serves through 24 October 2013, thereby completing the 6 years required by his EAB contract.
3. In view of the foregoing, his record should be corrected as described below.
BOARD VOTE:
___x_____ ___x_____ _x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by showing any action to recoup his $20,000.00 EAB was cancelled and repaying him any portion of the EAB that may have already been recouped.
___________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) AR20130000847
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