BOARD DATE: 10 April 2014
DOCKET NUMBER: AR20130011946
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 the recoupment action of his reenlistment bonus be stopped and he, in effect, be paid the bonus.
2. The applicant states:
* at the request of the Kentucky Army National Guard (KYARNG) he was asked to transfer to the Individual Ready Reserve (IRR)
* he retired for being found undeployable by a military medical board from injuries sustained in combat
* as a first sergeant of a deploying unit, he complied with the instructions from the KYARNG
3. The applicant provides:
* Request for an exception to policy (ETP)
* Memorandum from his former commander
* Request to Transfer to the Inactive National Guard (ING)
* Denial memorandum from the National Guard Bureau (NGB)
CONSIDERATION OF EVIDENCE:
1. Having had prior service, the applicant enlisted in the KYARNG on 20 February 1996. He served through multiple extensions and he attained the rank/grade of first sergeant (1SG)/E-8.
2. He entered active duty on 18 August 2005 and subsequently served in Kuwait/Iraq from 15 October 2005 to 8 October 2006. He was honorably released from active duty on 15 October 2006.
3. On 16 October 2011, he submitted a memorandum, through his commander, to the State Adjutant General, requesting a transfer to the ING. He stated that he had relocated to Virginia after accepting a civilian position and due to the change in residence, he felt the unit would be best served if he were transferred to the ING. He acknowledged his requirements and obligations of being in the ING and would abide by them until he receives his 20-year letter and retires from the ARNG.
4. On 16 October 2011, his immediate commander recommended approval. He stated that both the KYARNG and the unit would be better served with this transfer because the applicant could not dedicate the time necessary for the position because of proximity to the unit.
5. On 16 November 2011, his immediate commander dispatched another memorandum indicating that due to the distance between his home and State, he would need to perform long hours for each period of training which would cause a safety hazard. Additionally, the applicant is listed as medically non-deployable and his unit is on alert and needs to find someone to fill the position.
6. On 18 November 2011, KYARNG published Orders 322-804 releasing him from assignment to the 133rd Public Affairs Detachment, Frankfurt, KY, and transferring him to the ING, effective 30 November 2011, based on his request and due to job conflict.
7. On 31 January 2012, KYARNG published Orders 031-824 honorably discharging him from the ARNG and transferring him to the Retired Reserve effective 31 January 2012.
8. On 14 December 2012, he submitted an ETP to the KYARNG requesting the recoupment action of his bonus be stopped. He contended:
* He was medically non-deployable
* He was complying with the State
* He accepted out of state employment
9. On 12 March 2013, the KYARNG issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).
10. On 6 May 2013, the NGB denied his request for an ETP. An NGB official stated the applicant's request to retain a $15,000 reenlistment bonus for his reenlistment on 20 February 2008 could not be supported because he had exceeded the authorized period of non-availability in the ING and had failed to extend/reenlist for the period of non-availability within the required time. Additionally, his contract and bonus addendum could not be found.
DISCUSSION AND CONCLUSIONS:
1. The applicant's reenlistment contract and the addendum that he would have executed in connection with his reenlistment are not available for review with this case. However, his ETP denial indicates that he had reenlisted on 20 February 2008 for a $15,000 bonus.
2. An incentive payment, including a reenlistment bonus, is generally terminated when a member enters a period of non-availability and, upon return, does not extend or reenlist to make up the period of non-availability.
3. The applicant requested a voluntary transfer to the ING due to job and/or relocation. Accordingly, he was transferred to the ING on 30 November 2011. He then requested and was transferred to the Retired Reserve on 31 January 2012. Because he neither extended nor reenlisted to make up the period of non-availability, his incentive was terminated with recoupment.
4. He provides insufficient evidence to show the recoupment action is in error or unjust. As such, there is insufficient evidence to grant him 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.
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