BOARD DATE:	  24 April 2014

		DOCKET NUMBER:  AR20130013478 


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 debt he incurred as a result of recoupment of his Non-Prior Service Enlistment Bonus (NPSEB).

2.  The applicant states:

* the mileage for promotion in his military occupational specialty (MOS) required 972 miles in round-trip travel for inactive duty training attendance
* he applied for a different MOS position upon encouragement from the unit as the vacancy had no promotion list and went unfilled
* if he had not applied for a different MOS, the unit commander may have directed him into the position for leadership reasons
* the position he applied to was key to the organization and leadership structure of the unit and needed to be filled
* the chain of command at the company, battalion, and group level concurred with retention of his bonus

3.  The applicant provides:

* notification of incentive eligibility termination
* exception to policy request
* DA Form 2823 (Sworn Statement)
* position fill memorandum
* Personnel Qualification Record – Enlisted
* 
DA Form 2166-8 (Noncommissioned Officer Evaluation Report)
* résumé

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Montana Army National Guard (MTARNG) for a period of 8 years on 12 December 2008.  He enlisted in MOS 21E (Heavy Construction Equipment Operator) and for assignment to Detachment 1, 260th Engineer Support Company.

2.  The Army redesignated MOS 21E as 12N (Horizontal Construction Engineer) effective 1 October 2010.

3.  In connection with his enlistment, he completed Annex E (NPSEB Addendum – ARNG) to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) wherein he acknowledged he understood:

* upon his enlistment in the ARNG, he would be eligible for an enlistment bonus as indicated in the Selected Reserve Incentive Program (SRIP)
* he was enlisting in a critical skill MOS under the 6x2 or 8x0 enlistment option and he would receive a non-prior service critical skill bonus of $20,000.00 for this enlistment option
* he would receive his first payment of 50 percent when he completed training and was awarded the critical MOS
* he would receive the second installment on the 36-month anniversary of his enlistment
* his bonus would be terminated with recoupment if he voluntarily transferred to a non-critical MOS or transferred from the unit for which the bonus was awarded (recoupment would be calculated from the date of transfer)

4.  He entered active duty for training (ADT) on 1 June 2010.  He completed training and was awarded MOS 21E (later converted to 12N).  He was honorably released from ADT on 10 August 2010.

5.  He was promoted to sergeant/E-5 on 4 August 2011 in primary MOS 12N.

6.  On 31 October 2012, the applicant was reassigned to an MOS 12H (Construction Engineering Supervisor) position.

7.  On 1 March 2013, an engineer warrant officer assigned to the 230th Vertical Engineer Company, MTARNG, submitted a request for an exception to policy on behalf of the applicant to enable him to retain his bonus.  The warrant officer stated the applicant was reassigned to a non-duty MOS position in contravention of the terms of his NPSEB contract.  The 12H position did not have a promotion eligibility list and the position went out for statewide advertisement.  The applicant was the only individual who applied for the position.  The unit commander at the time selected the applicant because he was an excellent fit for this key position.  The applicant did not receive any counseling concerning the ramifications of the selection, acceptance, and transfer as it related to his bonus.

8.  On 6 March 2013, the applicant's senior commander at the 1889th Regional Support Group also recommended approval of the applicant's request to retain his bonus.

9.  On 11 June 2013, the National Guard Bureau (NGB) denied the request and instructed the State Incentive Manager to terminate the incentive with recoupment.  NGB stated the applicant contracted for a critical skill and he voluntarily transferred out of the critical skill which violated the SRIP policy.

10.  On 17 June 2013, the State Incentive Manager notified the applicant that his enlistment bonus had been terminated with recoupment effective 31 October 2012, the date his duty position was changed to the 12H MOS.  The incentive amount was for $20,0000 and the recoupment amount is for $7,222.22.

11.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, subject:  SRIP Guidance for Fiscal Year 2007, 10 August 2007 to 31 March 2008, with updates provides for various enlisted and officer bonus incentives.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted for the critical MOS of 12N.  He agreed to serve for 6 years in this MOS.  He did not fulfill this contractual obligation.  In October 2012, he voluntarily transferred from MOS 12N to MOS 12H.

2.  The terms of his agreement stipulated that the bonus would be terminated with recoupment if he voluntarily transferred into a non-critical MOS or transferred from the unit for which the bonus was awarded and that recoupment would be calculated from the date of transfer – a prorated amount.

3.  The applicant's continued service in the ARNG is commendable.  However, contrary to the contention of the warrant officer who stated the applicant was not counseled about the possible ramifications of this transfer, Annex E clearly stipulated the conditions for which this bonus might be terminated.  There does not appear to be an error or an injustice.  As such, he is not entitled to 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 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)                                         AR20130013478



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ABCMR Record of Proceedings (cont)                                         AR20130013478



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