IN THE CASE OF:	  

		BOARD DATE:	    7 November 2013

		DOCKET NUMBER:  AR20130005261 


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, correction of her record to show an exception to policy allowing her to retain the full amount of her reenlistment bonus was approved.  

2.  The applicant states:

* on 6 November 2011, she notified her unit of her intent to retire effective 29 December 2011
* on 3 March 2012, she was notified she owed the Government $4,583.33 for bonus monies she received in 2007
* she was never informed or counseled that the bonus would be recouped at retirement if she chose to retire before her expiration of term of service date of 20 September 2013
* her only requirement for out-processing was to clear with the Central Issue Facility
* if she had been notified of the recoupment prior to her retirement, she would have postponed her retirement
* she questions why she was not required to clear finance and medical offices
* the State of Idaho does not have an out-processing procedure/checklist for traditional Guardsmen and this caused her to incur a debt of $4,583.33
* she was neither informed she would have to pay back a portion of the bonus nor was she informed of any entitlements, military obligations, and available resources
* the State Incentives Manager told her bonus recoupment from retirees has happened several times in the past
* traditional Guardsmen retirees should have the same out-processing procedures as the Active Guard Reserve and dual status technicians
* a Soldier's care should not be based on his or her traditional status
* a procedure/policy retiree checklist would save the Government money and time and would not have caused her and her family undue stress

3.  The applicant provides:

* Orders Number 403-019, issued by State of Idaho, Military Division, Boise, ID, dated 19 January 2007
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 (Reenlistment/Extension Bonus Addendum – Army National Guard (ARNG) of the United States), dated 15 June 2007
* DA Form 4836, dated 15 June 2007
* Orders Number 350-022, issued by the State of Idaho Military Division, Boise, ID, dated 16 December 2011
* DA Form 2823 (Sworn Statement), dated 7 June 2012
* Exception to Policy Request Memorandum, dated 23 October 2012
* Exception to Policy Denial Memorandum, dated 21 February 2013
* Notification of Incentive Eligibility Termination Memorandum, dated 25 February 2013
* memorandum, from the Idaho National Guard Joint Force Headquarters, Boise ID, dated 25 February 2013
* 3 self-authored memoranda for record

CONSIDERATION OF EVIDENCE:

1.  On 30 September 1991, the applicant enlisted in the U.S. Army Reserve (USAR).  She was discharged on 10 May 1994 and enlisted in the Idaho Army National Guard (IDARNG) on the same day.  She held military occupational specialties 42A (Human Resources Specialist) and 36B (Financial Management Technician).

2.  On 15 June 2007, she extended her enlistment and executed an NGB Form 600-7-4-R-E agreeing to serve a 6-year extension for receipt of a $15,000.00 bonus less taxes.  

   a.  In Section V – Termination, she acknowledged she would be terminated from bonus eligibility with recoupment if she separated from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of own misconduct.
   b.  Section VI – Recoupment states, "The amount of monies that I am entitled to from the incentive is calculated by multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount.  The proportionate monthly dollar amount is determined by dividing the total authorized bonus amount by the total amount of months in the original contractual obligation.  The amount of the bonus that I am entitled to keep, as calculated above, will be subtracted from the total bonus paid to date.  I understand all of the above statements concerning my reenlistment or extension bonus."

3.  Orders Number 350-022, dated 16 December 2011, show the applicant was honorably discharged from the ARNG on 29 December 2011 and transferred to the Retired Reserve in the rank/grade of sergeant first class/E-7.

4.  On 23 October 2012, the G1, Director of Personnel and Manpower, Idaho National Guard, Joint Force Headquarters, Boise, ID, submitted an exception to policy request for retention of the bonus on behalf of the applicant.  In his request, he stated the applicant voluntarily retired on 29 December 2011 prior to completing the contract.  Further, the Soldier was not notified or informed the bonus would be affected by her action.

5.  On 21 February 2013, the Deputy G1, ARNG, NGB, Arlington, VA, denied the applicant's exception to policy request and directed the State Incentive Manager to terminate the incentive with recoupment.

6.  On 25 February 2013, the State Incentive Manager, IDARNG, notified the applicant of the termination of her reenlistment bonus with recoupment in the amount of $4,583.33.

7.  The applicant provides self-authored memoranda stating she was not counseled on the effects of her retirement and the need for a unit out-processing checklist.  She also provides a sworn statement from the individual who processed her retirement orders.  This individual stated he was not aware she had a bonus and had he known, he would have informed her of the possible recoupment.  He also stated the unit did not have an administrative out-processing checklist system in place for Soldiers being voluntarily discharged or separated.

8.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the ARNG and the USAR incentive programs.  Chapter 4 contains guidance on the Selected Reserve Incentive Program, Reenlistment/Extension Bonus.  Paragraph 2-8 contains guidance on recoupment conditions and states recoupment of bonus payments will be started by the unit commander when entitlement to such incentive is terminated based on separation from enlisted status in a Selected Reserve unit of the ARNG or USAR for any reason unless due to unit inactivation, reorganization, conversion, relocation, reduction of over-strength, or reduction in force.

9.  ARNG Selective Reserve Incentive Program Policy Number 07-06, dated 10 August 2007, states in paragraph 14 that if an 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.  Voluntary retirement is listed as a reason for recoupment.

DISCUSSION AND CONCLUSIONS:

1.  The terms of her agreement required her to serve 6 years in the ARNG.  It warned her that her bonus eligibility would be terminated with recoupment if she separated from the ARNG for any reason unless due to death, injury, illness or other impairment.  She acknowledges she voluntarily retired on 29 December 2011. 

2.  She failed to meet the terms of her contract, which resulted in termination of the incentive with recoupment.  There is neither an error nor an injustice.

3.  Although the applicant recommends an out-processing procedure/checklist for traditional Guardsmen, the ABCMR is not the appropriate agency for consideration of such a suggestion.  Notwithstanding any deficits in her State's out-processing procedures, the terms of her incentive were clearly stated in her contract.  If she failed to understand the terms or simply forgot about them, it was her fault alone.  It is reasonable to expect a noncommissioned officer with her length of service to keep track of such obligations. 

4.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20130005261



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ABCMR Record of Proceedings (cont)                                         AR20130005261



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