IN THE CASE OF:  

		BOARD DATE:  8 April 2014

		DOCKET NUMBER:  AR20130011280


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 his records to show he is entitled to the Non-Prior Service Enlistment Bonus (NPSEB) he contracted for at the time of his enlistment in the Kentucky Army National Guard (KYARNG).  He further requests cancellation of the recoupment of his prior bonus payments.

2.  The applicant states:

* in 2010 and 2011, he received false information about his contract when he was reassigned from the Inactive National Guard (ING)
* he spoke with two separate Readiness Noncommissioned Officers (NCO's) about his particular situation and whether he had to reenlist or extend
* they advised him that he did have to reenlist or extend for an additional year to keep from having to repay his bonus
* neither of the two NCO's knew it was a requirement for him to do so within 30 days of transfer from the ING – consequently, he waited past the deadline
* he extended his term of enlistment and served an additional year
* after he extended, he received a letter stating he was in breach of his contract and had to repay almost $9,000.00 – this surprised him very much because he thought he had made good on the situation
* recoupment of his prior bonus payments will be very hard on his family financially and he doesn't believe his family should be punished for an honest mistake – he was not trying to get away with anything, he was just misinformed

3.  The applicant provides:

* self-authored statement
* memorandum from the KYARNG Education, Incentives, and Employment Officer, dated 3 December 2012, subject:  Notification of Incentive Violation and Exception to Policy (ETP) Process
* response memorandum to the KYARNG Education, Incentives, and Employment Officer, dated 1 January 2013, subject:  Election Response to Violation to Bonus
* letter to a KYARNG Education, Incentives, and Employment Office NCO, dated 1 January 2013
* memorandum from his company commander, dated 11 January 2013, subject:  ETP for (Applicant)
* memorandum from a KYARNG Education, Incentives, and Employment Office Readiness NCO, dated 11 January 2013, subject:  Bonus ETP for (Applicant)
* memorandum from the Director, Office of the G-1, KYARNG, dated 12 February 2013, subject:  Recommend Disapproval of ETP on Behalf of (Applicant)
* memorandum from the Deputy G-1, ARNG, National Guard Bureau (NGB), Arlington, VA, dated 3 May 2013, subject:  Request for ETP for NPSEB (Applicant)

CONSIDERATION OF EVIDENCE:

1.  On 3 January 2007, the applicant enlisted in the KYARNG.
 
2.  In connection with his enlistment, he and his recruiter signed an NGB Form 600-7-1-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – NPSEB Addendum).  This form shows:

* he contracted for a $20,000.00 NPSEB, payable in two 50-percent installments, based on his agreement to become duty military occupational specialty (MOS) qualified in critical skill 74D (Chemical, Biological, Radiological, and Nuclear Specialist)
* he enlisted in the 301st Chemical Company (unit identification code WPWDAA), KYARNG
* he understood that bonus termination with recoupment would occur if he failed to extend his contract term within 30 days of his return to an active status following any time served in the ING
* signatures were affixed to the last page of this addendum and the form contains a bonus control number

3.  On 6 February 2007, he entered active duty for the purpose of initial entry training.  On 25 June 2007 following completion of initial entry training, he was awarded MOS 74D and was released from active duty to the control of the KYARNG.

4.  On 8 November 2007, he transferred from the KYARNG to the West Virginia Army National Guard (WVARNG).

5.  On 22 June 2010, he was reassigned to the ING for a period not to exceed 365 days.

6.  On 10 June 2011, he was reassigned from the ING to the WVARNG.

7.  On 11 June 2011, he was transferred from the WVARNG to the KYARNG.

8.  On 16 September 2012, he extended his enlistment term for 1 year, establishing a new expiration of term of service date of 2 January 2014.

9.  On 6 November 2012, he was promoted to the rank/grade of SGT/E-5.

10.  He was issued a memorandum from the KYARNG Education, Incentives, and Employment Office, dated 3 December 2012, subject:  Notification of Incentive Violation and ETP Process, which informed him he had violated his National Guard Selected Reserve Incentive Program (SRIP) bonus contract for his period of unavailability while assigned to the ING by failing to extend upon reassignment from the ING.  The memorandum included an election page wherein he could request an ETP for this matter.

11.  On 1 January 2013, he submitted his election response wherein he elected to request an ETP for this matter.

12.  On 3 May 2013, the NGB ARNG Deputy G-1 denied his request for an ETP.

13.  An advisory opinion was provided by the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Directorate of Military Personnel Management, Department of the Army Office of the Deputy Chief of Staff, G-1, dated 2 July 2013, in the processing of this case.  The advisory official recommended granting the applicant administrative relief and cancellation of his recoupment action, citing the following points:

* the applicant contracted for a $20,000.00 NPSEB when he enlisted
* he received his initial payment of $7,500.00, but subsequently transferred to the ING from 22 June 2010 through 9 June 2011
* his Readiness NCO stated he did not advise the applicant of his requirement to reenlist or extend within 30 days of transferring from the ING
* as a result, the applicant's bonus was terminated and recoupment action was initiated
* the applicant offered to reenlist or extend to cover the time – however, his ETP request was denied
* he extended anyway and served an additional year

14.  He provided a statement from the Readiness NCO who processed his reassignment from the WVARNG to the KYARNG on 11 June 2011.  This NCO stated:

* he did not realize the applicant had been assigned to the ING during the period in which he was a WVARNG member
* he did not review the applicant's 2007 bonus addendum to determine if he might become subject to bonus termination and recoupment
* he, himself, was not aware of the requirement to extend within 30 days of reassignment from the ING
* his inattention to detail outweighed the applicant's personal inattention to his contract

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for an NPSEB in the amount of $20,000.00.  At the time of his enlistment, he signed an NPSEB addendum wherein he acknowledged the requirements and his responsibilities vis-à-vis the SRIP.

2.  He later transferred to the ING for approximately 1 year.  Upon his reassignment from the ING to an active status within the ARNG, he was required to extend for the previous period of non-availability in which he was assigned to the ING within 30 days of his reassignment from the ING.  His signature on the bonus addendum form attests to the fact that he understood his requirement to extend within 30 days of his reassignment from the ING.  He failed to do so until 16 September 2012.

3.  His command terminated his bonus eligibility and began recoupment action against him for noncompliance with the stated program requirements.  The evidence shows they followed the written policies and procedures in doing so.  As such, there was no error or injustice.

4.  Nevertheless, he did extend and serve an additional year to cover the time he spent in the ING.  This appears to have been a good-faith measure to overcome his stated lack of understanding regarding his requirement to extend within 30 days of reassignment from the ING.

5.  The Readiness NCO who processed his transfer from the WVARNG to the KYARNG acknowledged his errors in this case, as well as his belief that his inattention to detail outweighed the applicant's personal inattention to his contract.  This feeling was shared by the Department of the Army advisory official.

6.  Therefore, as a matter of equity, it would be appropriate to correct his records to show he was fully entitled to receive the NPSEB he contracted for and to cancel the recoupment action initiated by the KYARNG.

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 ARNG records of the individual concerned be corrected by showing NGB approved his request for an exception to policy, stopping the recoupment action against him, and reimbursing him any previously-recouped payments.



      _____________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)                                         AR20100024747



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ABCMR Record of Proceedings (cont)                                         AR20130011280



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