IN THE CASE OF:	  

		BOARD DATE:	  22 April 2014

		DOCKET NUMBER:  AR20130013225 


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 his reenlistment/extension bonus (REB) based on his reenlistment in the Nevada Army National Guard (NVARNG) on 27 February 2009.

2.  The applicant states:

	a.  his $15,000.00 critical military occupational specialty (MOS) REB bonus is being recouped even though he has already served 3 years of honorable service.  He only received $11,500.00 of this bonus while in Afghanistan after being taxed.  His contract stated he would receive the total amount.

	b.  he received a letter on 9 April 2013 stating that his local request was denied.  He served in a combat zone (Afghanistan) when his bonus was disbursed to his account and was taxed $4,500.00 in a tax-free zone.  The current amount to be paid back is the total bonus ($15,000.00) which was not received as stated in the original contract, dated 27 February 2009.

	c.  he has honorably served his enlistment and recently reenlisted.  He is confused as to how after serving almost 4 years into this reenlistment, of which his first year was in Afghanistan, that he is receiving paperwork to pay back his bonus.  It is an injustice that the government would tax him when they should not have and require him to pay back what he did not receive.


	d.  his paperwork was handled by individuals who deal with reenlistments for a career.  He wonders how they can come up with supporting documents and control numbers if he was not authorized this entitlement.  He has been failed by a system that he instructs his Soldiers to have faith in.     

3.  The applicant provides:

* National Guard Bureau (NGB) Form 600-7-3-R-E (Reenlistment/Extension Bonus Addendum)
* DA Form 2823 (Sworn Statement)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* memoranda
* Request for Exception to Policy (ETP) 
* ETP denial letter 
 
CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the NVARNG on 15 July 2003 for a period of 
8 years.  On an unknown date, he accepted a military technician position.  

2.  His DA Form 4836, dated 27 February 2009, shows he reenlisted/extended for a 6-year period.

3.  His REB Bonus Addendum, dated 27 February 2009, shows:

	a.   he extended for a bonus in the amount of $15,000.00.  

	b.  in Section III (Bonus Amount and Payments) it states "I will receive a total bonus payment in the amount of $15,000.00 less taxes for a 6-year reenlistment/extension in the NGB approved critical UIC [unit identification code]/skill of 19D (cavalry scout)."  

	c.  the addendum was certified by the service representative on 27 February 2009 and the State Incentive Manager on 3 March 2009.

4.  He was ordered to active duty on 15 April 2009 in support of Operation Enduring Freedom.  He served in Afghanistan from 29 June 2009 to 24 March 2010.  He was released from active duty on 28 June 2010. 




5.  He provides an ETP memorandum from the NGB, dated 24 January 2012, which states:

	a.  an ETP request to retain the $15,000.00 REB is denied.  The State Incentive Manager will terminate the incentive with full recoupment.

	b.  in accordance with Army National Guard Selected Reserve Incentive Program (SRIP) Guidance 07-06 (effective 10 August 2007 – 28 February 2009), eligible military technician applicants were offered the REB only if deployed to Iraq, Afghanistan, or Kuwait.

	c.  the applicant extended into the NVARNG on 27 February 2009 for the REB for deployed military technicians (dual status).  However, in order to be eligible for this bonus as a military technician, the Department of Defense Instruction (DODI) 1205.21 (Reserve Components Incentive Program Procedures) requires that he be serving in one of the three combat zones (Iraq, Afghanistan, or Kuwait) during extension.  The applicant did not deploy until 
15 April 2009.

6.  He also provides an ETP memorandum from the NGB, dated 9 April 2013, which states:

	a.  an ETP request to retain the $15,000.00 REB is denied.  The State Incentive Manager will terminate with recoupment. 

	b.  the applicant contracted for an incentive while in a military technician/Active Guard Reserve (AGR) status which violates ARNG SRIP 07-06 (10 August 2007 to 28 February 2009).

	c.  the applicant's bonus type is not authorized in accordance with policy which violates ARNG SRIP 07-06 (10 August 2007 to 28 February 2009).
	 
7.  His DA Form 4836, dated 24 April 2013, shows he reenlisted/extended for a 4-year period.

8.  He was promoted to sergeant first class on 28 May 2013.  

9.  ARNG SRIP Guidance 07-06 states entitlement to an incentive will be terminated with recoupment when a member accepts an AGR position or a military technician position where membership in the ARNG is a condition of employment, and member has not served at least 6 months of the incentive contract term.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests cancellation of the recoupment of his REB based on his reenlistment in the NVARNG on 27 February 2009.

2.  The NGB disapproved the applicant's request for an ETP to retain the REB and cited he contracted for an incentive while in a military technician/AGR status which violated ARNG SRIP 07-06.

3.  Evidence confirms, while in a military technician position, he reenlisted for 
6 years in the NVARNG on 29 February 2009 opting for an REB in the amount of $15,000.00.  The addendum does not state that he had to be deployed to receive the bonus.

4.  He did absolutely nothing wrong and the service representative and State Incentive Manager certified his REB Bonus Addendum.

5.  To date, he has served over 5 years of this 6-year reenlistment, he deployed to Afghanistan, and he recently reenlisted for a 4-year period.  

6.  Therefore, notwithstanding the ETP memorandum and in view of the facts of this case, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and pay him the REB in the amount of $15,000.00.

7.  The evidence of record does not support the applicant's contention his contract stated he would receive the total amount of the REB.  His REB addendum states he would receive a total bonus payment in the amount of $15,000.00 less taxes.

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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  showing the applicant's request for ETP to retain the $15,000.00 REB, dated 9 April 2013, was approved; 

	b.  showing the Department of the Army authorized him to receive the bonus in question as agreed to in his NGB Form 600-7-3-R-E, dated 27 February 2009; and

	c.  cancelling the recoupment action as a result of the above corrections.



      ____________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)                                         AR20130013225





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ABCMR Record of Proceedings (cont)                                         AR20130013225



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