IN THE CASE OF:	  

		BOARD DATE:  4 February 2014

		DOCKET NUMBER:  AR20130009298 


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, an exception to policy (ETP) for retention of a Non-Prior Service Enlistment Bonus (NPSEB) without recoupment.

2.  The applicant states:

	a.  On 13 June 2007, when signing all of her enlistment papers, she was informed of her eligibility for a bonus.  When she stated that she wanted to apply for a position at the Army Aviation Support Facility (AASF) hanger, she was informed that as long as the position was not a permanent technician position she would still be eligible for her bonus.  

   b.  When she applied for a position at the AASF hanger she wanted to ensure that she was not jeopardizing her eligibility for her bonus so she applied for a temporary position.   She was hired in July 2007 as a temporary technician and was not converted to a permanent position until early 2009, thus fulfilling her      6-month contract.  She received the first installment of her bonus ($10,000) after returning from her initial training (advanced individual training (AIT)) in April 2008. She never received the second installment of her bonus.  She is now being told she has to pay back the first installment.

3.  The applicant provides:

* Notification of Incentive Discrepancy and ETP Process
* DA Form 2823 (Sworn Statement)
* Request for ETP memorandum
* Request for ETP denial memorandum
* Letter in support of her request

CONSIDERATION OF EVIDENCE:

1.  The applicant executed an 8-year enlistment in the Idaho Army National Guard (IDARNG) on 13 June 2007.  She completed an Annex E for an NPSEB for military occupational specialty (MOS) 15R (AH-64 attack helicopter repairer).  

2.  The addendum states in Section V (Termination), "I understand that I will be terminated from bonus eligibility, with recoupment, if I accept a military technician position and on the effective date of my orders have not served at least 6 months of the incentive contract term."

3.  She completed basic combat training and AIT and was awarded MOS 15T (UH-60 helicopter repairer).

4.  She provided copies of the following:

   a.  A Notification of Incentive Discrepancy and ETP Process memorandum, dated 15 August 2012, wherein the State Incentive Manager advised her that a discrepancy had been discovered with her bonus and/or student loan repayment incentive contract that must be resolved to avoid eligibility termination.  The reason for the discrepancy was that she had accepted an indefinite technician position on 8 July 2007 and she had not served 6 months of the incentive contract as per the addendum.  She could be eligible for an ETP and if she intended to submit an ETP, she could submit it to the State Incentive Manager within 45 days from the date of that correspondence.  

   b.  A DA Form 2823, dated 31 August 2012, wherein she stated that in 2007 she had been informed of her eligibility for the bonus.  She was told as long as the position she applied for at the AASF hanger was not a permanent position she would still receive the bonus.  She was not given a permanent position until late 2008, thus fulfilling her 6-month contract.  

   c.  A Request for ETP memorandum, dated 12 March 2013, wherein the Deputy G1, National Guard Bureau (NGB), advised her of the denial of her ETP to retain the $20,000 NPSEB and that the State Incentive Manager would terminate the incentive with recoupment.  The NGB official stated that she had contracted for an incentive while in a military technician/Army Guard Reserve (AGR)/Inactive National Guard (ING) status which violated ARNG Selected Reserve Incentive Program (SRIP) Guidance Policy 07-04.  
   d.  A Notification of Incentive Eligibility Termination memorandum, dated 13 March 2013, wherein the State Incentive Manager advised her that recoupment in the amount of $10,000 would be forwarded for debt collection action.  She was contracted for 6-Year $20,000 NPSEB and accepted a military indefinite technician position on 8 July 2007.  She may be eligible for appeals and/or various repayment options.

   e.  A letter of support, dated 16 April 2013, wherein the applicant's supervisor stated the applicant had been employed at the AASF for over 6 years.  She was hired at the facility on 8 July 2007.  She was brought on as a temporary technician.  She attended school and came back to the facility and continued her temporary technician position.  She was then converted to a permanent position on 26 April 2009.  She had done a great job and was currently employed in the same position as a computer assistant.

5.  The SRIP Guidance for Fiscal Year 2007, Policy Number 07-04, states termination of incentive with recoupment will occur when the member accepts an AGR position or military technician position where membership in the ARNG is a condition of employment and the member has not served at least 6 months the incentive contact term.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was paid the first installment of a $20,000 NPSEB.  Upon the discovery of her acceptance of an indefinite technical position on 8 July 2007 and her failing to serve 6 months of the incentive contract she was notified of her eligibility termination.  

2.  The NGB denied her request for an ETP and advised her that she contracted for an incentive while in a military technician status which violated ARNG SRIP 07-04; therefore, the State Incentive Manager would terminate the incentive with recoupment.  

3.  She did not provide sufficient evidence showing she served the 6 months of her incentive contract prior to accepting the indefinite military technician position. Her contract did not distinguish between a temporary or a permanent military technician position.  She knew or should have known of the requirement to complete 6 months of the incentive term for retention of the bonus.  Therefore, she is not entitled to the requested relief.

4.  Without evidence to the contrary, the action taken by the NGB, Deputy G-1, to terminate the incentive with recoupment appears to be proper and she has not shown otherwise.  
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)                                         AR20130009298





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ABCMR Record of Proceedings (cont)                                         AR20130009298



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