IN THE CASE OF:	  

		BOARD DATE:  21 November 2013

		DOCKET NUMBER:  AR20130001125 


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 prior service enlistment bonus (PSEB) in the amount of $15,000.

2.  He states, in effect:

   a.  when enlisting in the Wyoming Army National Guard (WYARNG) he was told the primary specialty he held in the Air Force would convert to an Army military occupational specialty (MOS), he would be assigned to a valid position, and he was entitled to a $15,000.00 PSEB; 
   
   b.  after he was paid the bonus, he was told his previous primary specialty did not convert to an Army MOS, which made him non-MOS qualified and he was not serving in a valid position.  Therefore, his bonus was terminated and a debt was established though no error on his part; and 
   
   c.  he should not be held responsible for the debt. 

3.  He provides a:

* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 1966/4 (Record of Military Processing - Armed Forces of the United States)
* National Guard Bureau (NGB) Form 600-7-4-R-E (Annex X to DD Form 4 - PSEB Addendum - ARNG of the United States)
* NGB Form 22 (Departments of the Army and Air Force, NGB, Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1.  After having prior service in the U.S. Air Force for 2 years and 22 days, the applicant enlisted in the WYARNG on 25 October 2007 for a period of 6 years.  The DD Form 214 he was issued shows his primary specialty in the Air Force was 4N031 (Medical Service Apprentice).

2.  His record contains Annex A - DD Form 4 (Enlistment/Reenlistment Agreement - ARNG), dated 26 May 2006, which was rendered when the applicant enlisted and shows:

* the enlistment/reenlistment was for a prior service member with no remaining statutory military service obligation
* he had prior military service and understood he may be required to attended basic training (BT), if he did not complete BT or a period of full time training to become MOS qualified
* he understood he would undergo training in MOS 91W

3.  He submitted his:

   a.  DD Form 1966/1, dated 26 May 2006, which shows he:

* enlisted in the WYARNG on 26 May 2006
* he enlisted in the WYARNG for a PSEB
* enlisted in MOS 91W1O (now MOS 68W) (health care specialist)

   b.  NGB Form 600-7-4-R-E, dated 26 May 2006, which shows he:

* was qualified in and held the primary MOS to which he was assigned
* enlisted for a 6-year PSEB 
* would receive a total payment of $15,00.00, with initial payment being   processed on the date his enlistment contract took effect  
* the subsequent payment of $7,500.00 would be processed on the
4th anniversary of his service in the ARNG

4.  His record contains orders issued by the State of Wyoming, Adjutant General's Office, showing each time he was transferred he was assigned in a different MOS; but his Selective Reenlistment Bonus (SRIP) was not terminated.
   a.  Orders 299-134, dated 26 October 2007, show he was serving as a supply specialist in MOS 92Y and he was transferred in this MOS.

   b.  Orders 261-071, dated 17 September 2008, show he was serving as a supply specialist and he was being transferred to a medical logistics position in MOS 68J.

   c.  Orders 329-023, dated 24 November 2008, show he was being transferred from a medical logistics position to a materiel storage/handling position in MOS 92A.

   d.  Orders 097-014, dated 7 April 2009, show he was transferred from a materiel storage/handling position to a supply specialist position in MOS 92Y. 

5.  Order Number 135-003, issued by the State of Wyoming, Adjutant General's Office, dated 14 May 2012, shows he was discharged honorably on 25 May 2012.

6.  His NGB Form 22, dated 26 May 2006, shows he was discharged from the WYARNG on 25 May 2012, after serving for 6 years.  He held MOS 92A (Automated Logistics Specialist) upon discharge.

7.  During the processing of this case, the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army, provided an advisory opinion, dated 
22 February 2013.  The advisory official stated the applicant served the entire 
6-year contact in the ARNG and he was separated on 25 May 2012.  His enlistment documents show that he enlisted in the ARNG in MOS 91W (now 68W), which is a basic medical specialist.  His separation document from the ARNG shows his MOS as 92A, logistics specialist.  The applicant was paid the $15,000.00 PSEB, and served the entire 6 years.  There is no record to show when he may have been notified that his MOS did not convert to an Army MOS; however, it seems unreasonable to wait the full 6 years prior to such notification and recoupment action.  The advisory official stated given the circumstances and errors of this case, relief from the bonus debt would be appropriate as a matter of equity.  The recommendation was that the applicant be given relief due to an ARNG error.

8.  The applicant was provided an opportunity to respond to the advisory opinion; but he did not respond.



DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows after serving in the Air Force for 2 years and 
22 days, the applicant enlisted in the ARNG on 26 May 2006 for 6 years and a $15,000.00 PSEB.

2.  He entered into the contract in good faith; he was promised a $15,000.00 PSEB in conjunction with his enlistment and conversion of his previous primary specialty.  He served the entire 6-year period.  It is not clear when or if he was told that his Air Force primary specialty did not convert to an Army MOS and the PSEB would be recouped prior to discharge.

3.  As a result, it would serve the interest of equity and justice to honor this contractual commitment, as recommended in the advisory opinion.  In view of the above, the applicant's request should be approved.

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 he is eligible to be paid the PSEB as specified in his enlistment contract, cancelling all recoupment action, and repaying him any portion of the $15,000.00 PSEB 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)                                         AR20130001125





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ABCMR Record of Proceedings (cont)                                         AR20130001125



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