IN THE CASE OF:
BOARD DATE: 7 November 2013
DOCKET NUMBER: AR20130011917
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 waiver of recoupment of his Army National Guard extension bonus.
2. The applicant states recoupment will increase the financial hardship on his family. Before he deployed to Iraq, they were both working and making ends meet. While he was in Iraq, his wife left him. Now his mortgage payments are in arrears and he can't even sell the house.
3. The applicant provides no additional documents.
CONSIDERATION OF EVIDENCE:
1. On 31 July 2007, the applicant enlisted in the Idaho Army National Guard for a period of 1 year.
2. On 5 August 2007, he extended that enlistment for a period of 6 years for a bonus of $15,000.
3. Section III, paragraph 3 of the bonus addendum states. "I will not receive a payment if I do not meet all requirements at the time my reenlistment or extension takes effect. My reenlistment or extension will be verified and certified by the proper authorities prior to any payment being processedÂ…"
4. Section IV of the addendum provides for termination without recoupment in various situations, including if the individual accepts a Military Technician (MT) or Active Guard Reserve (AGR) position after serving at least 6 months of the incentive contract.
5. On 27 September 2007, the applicant accepted a position as a temporary MT and on 31 August 2008, he converted to a permanent MT.
6. On 9 May 2013, the National Guard Bureau (NGB) denied a request by the Idaho State Incentive Manager for an exception to policy to forgo recoupment. The NGB denied an exception to policy because:
* the applicant did not serve 6 months before becoming an MT
* he was not serving in the military occupational specialty he contracted for
* the applicant and the service representative signed the addendum on different dates
* the Bonus Control Number was requested after the applicant signed the addendum
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. The head of the Incentives and Budget Branch, Enlisted Accessions Branch pointed out that the AGR/MT policy changed on 21 May 2008 to provide that the individual need serve only 1 day in the original unit and that the applicant met this requirement by the time he spent as a temporary MT. Cancellation of recoupment was recommended.
8. The advisory opinion was referred to the applicant for his information and comment. No response was received.
9. Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required, if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into a contract with the understanding he was entitled to an enlistment bonus.
2. The applicant was clearly not responsible for the technical errors such as the date the service representative put on the document or the fact that the Bonus Control Number was obtained after the applicant signed the addendum. Furthermore, the contract clearly states the case will be certified before any bonus is paid.
3. The Government and not the applicant composed and furnished the contract. To hold the applicant responsible for the supposed deficiencies cited by the NGB is contrary to personnel management objectives, against equity and good conscience, and contrary to the best interest of the United States.
4. In accordance with the recommendation of the Office of the Deputy Chief of Staff, G-1 , it would be appropriate to correct the applicant's military records to show he remains entitled to his enlistment bonus, and any recoupment action should be cancelled.
5. In view of the above, the applicant's request should be granted.
BOARD VOTE:
___x____ ___x____ ___x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all ARNG and Department of the Army records of the individual concerned be corrected by waiving recoupment of the bonus and refunding, out of ARNG funds, any funds already recouped.
_______ _ _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) AR20130011917
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ABCMR Record of Proceedings (cont) AR20130011917
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