BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130006520
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 cancellation of the recoupment of his reenlistment bonus based on his reenlistment in the Idaho Army National Guard (IDARNG).
2. The applicant states, in effect, after consulting with competent authority and with encouragement from his superiors and knowledge that his bonus was not in jeopardy, he applied for and was subsequently selected for a military technician position. The findings of the National Guard Bureau (NGB) which state his bonus should be recouped made no reference to the exception present in the vacancy announcement which excludes him from recoupment.
3. The applicant provides:
* four memoranda
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Annex R to DD Form 4 (Enlistment/Reenlistment Document) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) Reenlistment/Extension Bonus Addendum ARNG of the United States
* Federal Technician Vacancy Announcement
* DA Form 2823 (Sworn Statement)
CONSIDERATION OF EVIDENCE:
1. Having prior service in the Regular Army, the applicant enlisted in the IDARNG on 5 June 2001. He subsequently extended his enlistment on two occasions.
2. On 27 September 2005, the applicant extended his enlistment for a period of 6 years. In conjunction with this extension he completed a Reenlistment/
Extension Bonus Addendum to receive a total bonus of $15,000.00 to be paid in a lump sum processed on the date his extension contract took effect.
3. On 12 September 2012, the applicant was notified by the IDARNG State Incentive Manager who stated his bonus was in jeopardy of termination with recoupment since he accepted an indefinite military technician position from 26 November 2006 through 20 July 2008 which became a permanent military technician position from 20 July 2008 to the present; however, he was eligible to submit a request for an exception to policy.
4. On 3 October 2012, the IDARNG G-1 Director of Personnel and Manpower submitted an exception to policy to NGB on behalf of the applicant requesting favorable consideration for non-recoupment of his $15,000.00 reenlistment bonus.
5. On 25 February 2013, NGB stated the applicant's exception to policy was denied and his incentive would be terminated with recoupment because he was unable to comply with the contractual agreement due to a voluntary request in conflict with the addendum. Specifically, the applicant became an indefinite military technician less than 179 days after the contract starting date which violates ARNG Selective Reserve Incentive Program policy.
6. On 27 February 2013, the IDARNG Incentives Manager informed the applicant that his exception to policy was denied and recoupment of $13,958.33 would be forwarded for debt collection action.
7. During the processing of this case, an advisory opinion was obtained from the Department of the Army Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch, Enlisted Accessions Division, dated 8 May 2013. The G-1 recommended granting full administrative relief to the applicant and cancelling any recoupment action. The advisory opinion stated the applicant extended on 27 September 2005 for a $15,000.00 reenlistment bonus (contract start date of 5 June 2006) while deployed outside the continental United States. A review of the applicant's case shows he was fully eligible for this incentive and was paid in full. The applicant accepted a temporary military technician position on 30 July 2006 and became an indefinite military technician on 26 November 2006. Prior to 8 April 2005, a requirement existed stating a service member receiving an incentive needed to serve at least 6 months past the starting date of his or her contract prior to accepting a military technician position to preclude termination of incentive with recoupment. At the time the applicant accepted the military technician position, a Department of the Army G-1 Exception to Policy was in effect precluding recoupment action. The applicant's incentive should have been terminated without recoupment.
8. On 9 May 2013, a copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He responded the same day and concurred with the advisory opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to retain his reenlistment bonus from recoupment has been carefully examined and found to have merit.
2. The evidence shows a Department of the Army Exception to Policy was in effect during the period in question which precluded recoupment action against the applicant's bonus. Therefore, any recoupment action pertaining to his reenlistment bonus contract with a contract starting date of 5 June 2006 should be cancelled.
3. In view of the foregoing, he is entitled to the requested relief.
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 Army National Guard records of the individual concerned be corrected by:
a. showing he was granted an exception to policy allowing him to retain his bonus,
b. cancelling any recoupment action pertaining to the applicant's reenlistment bonus contract with a starting date of 5 June 2006, and
c. reimbursing him any money, out of ARNG funds, that has been previously recouped from his 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) AR20130006520
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