BOARD DATE:	  12 November 2013

		DOCKET NUMBER:  AR20130002267 


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, in effect, relief from recoupment and subsequent payment of her Non-Prior Service Enlistment Bonus.

2.  The applicant states her bonus was terminated due to a lack of knowledge on the part of her and her unit administrator to complete the proper paperwork.  In June 2011, she requested to be placed in the Individual Ready Reserve (IRR) due to overseas employment.  Upon her reassignment back to a Troop Program Unit status she encountered a bonus debt due to her contract.  Through her research she has learned an extension to her contract for the months she spent in the IRR should have been processed; however, she has repeatedly tried to resolve the situation to no avail.  She further states she has subsequently completed her three years of active service per the requirements of her original contract.

3.  The applicant provides:

* a self-authored statement
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Selected Reserve Incentive Program – Enlisted Bonus Addendum
* DA Form 4856 (Developmental Counseling Form)
* Orders 11-217-00015
* Orders C-11-115437
* DA Form 4187 (Personnel Action)
* 3 Defense Finance and Accounting Service Military Leave and Earnings Statements (LES)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* 20 pages of electronic mail (Email) correspondence

CONSIDERATION OF EVIDENCE:

1.  On 3 February 2009, the applicant enlisted in the U.S. Army Reserve (USAR) in the rank/grade of private/E-1 for a period of 8 years with concurrent assignment to a unit of the Selected Reserve for a period of 3 years.

2.  In connection with this enlistment, she completed a Selected Reserve Incentive Program – Enlistment Bonus Addendum that shows she was authorized a $20,000 Non-Prior Service Enlistment Bonus.  

3.  Section VII – (Termination) of her Selected Reserve Incentive Program – Enlistment Bonus Addendum states, "entitlement to the enlistment bonus will be terminated should any of the following conditions occur before the fulfillment of my enlistment agreement and obligation should I:  (7)  Fail to extend my USAR contracted term of service to compensate for a period of non-availability.  This could result in a recoupment action as explained in section VIII."

4.  On 25 August 2009, the applicant was awarded military occupational specialty 88N (Traffic Management Coordinator).

5.  Records show the applicant served in Afghanistan for the period 18 January through 6 December 2010.

6.  Effective 5 August 2011, the applicant was assigned to the Standby Reserve (Active List) for overseas employment.

7.  Effective 24 October 2011, the applicant was assigned to the Ready Reserve, 88th Movement Control Team.

8.  Evidence shows the applicant was mobilized on 1 October 2012 for deployment to Afghanistan.  

9.  On 21 January 2013, while deployed to Afghanistan, the applicant reenlisted in the USAR for a period of 6 years.

10.  On 1 June 2013, the applicant was promoted to the rank/grade of sergeant/E-5.

11.  Records show she served in Afghanistan for the period 8 November 2012 through 4 August 2013. 

12.  The applicant provides numerous emails to her unit administrator and others inquiring about her enlistment bonus debt starting on 8 December 2011 and an  LES dated 19 December 2011 which reflects an enlistment bonus debt balance of $6,606.87.
 
13.  During the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, Headquarters, U.S. Army Reserve Command who recommended disapproval of the applicant's request for correction of her enlistment contract and payment of her enlistment bonus for the following reasons:

   a.  In accordance with Army Regulation 135-7 (Incentive Programs), enlisted applicants for entitlements or incentive programs will be required to sign documents which specify the eligibility criteria and the term of service for the desired entitlement or incentive.  The document will contain an acknowledgement that the applicant has been advised of, and understands, the benefits of the program and the conditions which can cause termination and recoupment, if applicable.

   b.  In accordance with Army Regulation 601-201 (Active and Reserve Component Enlistment Program), Soldiers who complete a period of non-availability and request reinstatement of eligibility for incentives and resumption of subsequent payments must extend their contract, enlistment, or reenlistment agreement, within 90 days after completing the period of non-availability, in order to serve out the full incentive contract period in the Selective Reserve.  A Soldier who does not comply with this requirement will be subject to termination of incentives with recoupment action required.

   c.  Records indicated the applicant enlisted in the USAR on 3 February 2009 with concurrent assignment to a unit of the Selected Reserve for a period of        3 years.  By signing the Selected Reserve Incentive Program – Enlistment Bonus Addendum within her contract, the applicant acknowledges she had been advised and understood the entitlements and incentives programs and conditions which could result in termination of her benefits and possible recoupment of pay.  However, upon returning from the period of non-availability on 18 October 2011, she did not extend her contract within 90 days.  Based on these facts, the termination of her incentives and recoupment of pay was properly imposed. 

14.  On 5 September 2013, a copy of the advisory opinion was furnished to the applicant for information and to allow her the opportunity to submit comments or a rebuttal.  She did not respond.

15.  DOD Financial Management Regulation 7000.14-R, Volume 7A provides for Selected Reserve Accession, Affiliation, Enlistment, and Reenlistment Bonuses.  It states in section 560401 the Secretary concerned (or designee) may pay a bonus to an enlisted member of a Reserve Component after the following conditions are met: (a) Has completed not more than 20 years of total military service; and (b) reenlists or voluntarily extends his or her enlistment for a period of at least 3 years in a designated military skill, or in a designated unit, as determined by the Secretary concerned (or designee), in the Selected Reserve of the Ready Reserve of an Armed Force.

16.  A Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required (or full payment of an unpaid portion of a benefit), if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the bonus debt against her should be cancelled and she should be paid the remainder of her bonus from her original contract.

2.  She originally agreed to serve in the Selected Reserve for 3 years from February 2009 through February 2012 and she received an enlistment bonus for agreeing to serve this period.  Prior to completing her contractual agreement of      3 years in the Selected Reserve, on 5 August 2011, she was assigned to the Standby Reserve (Active List) for overseas employment.  Upon returning from the period of non-availability on 18 October 2011 (per the advisory opinion,       24 October 2011 in accordance with orders located in her record), she did not extend her contract within 90 days.  

3.  Evidence shows the applicant took action to correct the issue with her contract and debt within 90 days of her return to the Ready Reserve, 88th Movement Control Team in October 2011.  Contrary to the advisory opinion, as a matter of equity, based on her near-immediate action to correct the situation, her subsequent combat service, and based on the appearance that repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States, the applicant's records should be corrected to show she fulfilled the obligation of her original contract and should be paid the remainder of her bonus.

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 Department of the Army records of the individual concerned be corrected by: 

   a.  showing the appropriate authority waived any debt that she may have incurred as a result of her  reassignment to the IRR and authorized her payment of the remaining portion of her enlistment bonus; and

	b.  auditing her military finance account and repaying her all monies she may have already paid towards the subject debt and paying her any remaining portion of the bonus.




      _______ _ 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)                                         AR20130002267





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ABCMR Record of Proceedings (cont)                                         AR20130002267



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