IN THE CASE OF:
BOARD DATE: 11 March 2014
DOCKET NUMBER: AR20130011135
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 her reenlistment/extension bonus (REB) based on her reenlistment in the Louisiana Army National Guard (LAARNG) on 4 November 2006.
2. The applicant states:
a. she was out of a job at the time she accepted the military technician position. The reenlistment paperwork was signed on 4 November 2006 and she accepted the military technician position on 27 May 2007. The date the bonus was received should be irrelevant. She feels she waited the required 6 months.
b. she reenlisted on 4 November 2006 for a period of 6 years and a bonus. At that time she was employed full-time. The bonus was received in January 2007. In April 2007, she lost her job. She began looking for full-time employment and she applied for a military technician position. She was offered the position in May 2007 and she accepted it. It would not seem logical to forego full-time employment as a technician because she received a bonus. She has a family to take care of.
c. she feels the date should be changed to show the date the reenlistment paperwork is signed instead of the date the bonus is received. At the time she signed the paperwork she did not know she would be out of a job 6 months later. She never would have accepted the position if she had already had a full-time position. She does not feel that the bonus should be recouped at all because she did not have a job at the time and she did wait the required 6 months if the date that she signed the reenlistment paperwork is utilized instead of the date the bonus was received.
3. The applicant provides:
* Reenlistment/Extension Bonus Addendum
* Résumé
* Employment information
* Exception to Policy (ETP) denial letter
CONSIDERATION OF EVIDENCE:
1. Having prior active service in the Regular Army, the applicant enlisted in the LAARNG on 15 December 2003 for a period of 3 years and 6 weeks.
2. Her DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated
4 November 2006, shows she reenlisted/extended for a 6-year period and her expiration term of service (ETS) is 24 January 2007.
3. Her REB Bonus Addendum, dated 4 November 2006, shows she extended for a bonus in the amount of $15,000.00.
a. Section III (Bonus Amount and Payments) states "I will receive a total bonus payment in the amount of $15,000.00 less taxes for a 6-year reenlistment/extension to be paid in a lump sum and processed for payment on the date that my reenlistment or extension contract takes effect (1 day after current ETS.)"
b. Section V (Termination) states, "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."
4. On 27 May 2007, she accepted a military technician position.
5. She provides an ETP memorandum from the National Guard Bureau (NGB), dated 23 May 2011, which states:
a. an ETP request to retain the $15,000.00 REB is denied in accordance with Department of Defense (DOD) Instruction 1205.21 (Reserve Components Incentive Program Procedures) and Department of the Army (DA) policies pertaining to bonus recoupment of AGR and military technician Soldiers.
b. the applicant accepted a military technician position on 27 May 2007 and did not serve the required 6 months of her enlisted contract before the bonus start date of 25 January 2007, which is the date after ETS.
c. based on DOD and DA policies, and consistent with controlling law and regulations, the denial of the request for exception to grant relief from termination with recoupment is appropriate.
6. She was promoted to sergeant effective 5 June 2011.
DISCUSSION AND CONCLUSIONS:
1. The applicant reenlisted/extended in the LAARNG on 4 November 2006 for an REB in the amount of $15,000.00. Her REB Bonus Addendum informed her the reenlistment contract would take effect 1 day after her ETS. On that date, her ETS was 24 January 2007.
2. Per the NGB ETP denial letter, and in accordance with her REB Addendum, she received her REB on 25 January 2007. Four months later, she accepted a military technician position on 27 May 2007.
3. Since her REB Addendum states her reenlistment or extension contract takes effect 1 day after her current ETS (24 January 2007) and that accepting a military technician position will result in termination of the bonus with recoupment if she has not served at least 6 months of the incentive contract term, there is no basis for granting the 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) AR20130011135
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