Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130013935
Original file (20130013935.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	 6 May 2014 

		DOCKET NUMBER:  AR20130013935 


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 military occupational specialty (MOS) conversion bonus (MOSCB) in the amount of $2,000.00.

2.  The applicant states:

* in 2008 he was given a $2,000.00 bonus for reclassifying his MOS from 21B (combat engineer) to MOS 21E (heavy construction equipment operator)
* the California Army National Guard (CAARNG) is now trying to reclaim the $2,000.00 from him stating it was an enlistment bonus overpayment
* he doesn't want to pay back the $2,000.00
* while a member of the 649th Engineer Company in the CAARNG the whole company changed over from MOS 21B to MOS 21E
* all the Soldiers who changed their MOS received a $2,000.00 bonus
* the CAARNG is trying to reclaim a $2,000.00 bonus they gave him over 
      5 years ago
* he has provided proof that this is a mistake on their part

3.  The applicant provides:

* reorganization order
* cheat sheet for reclass bonus
 

CONSIDERATION OF EVIDENCE:

1.  Having prior active service in the Regular Army, the applicant enlisted in the CAARNG on 26 July 2006.    

2.  Orders, dated 1 August 2008, show he was awarded primary MOS 21E and primary MOS 21B was withdrawn.

3.  He provides National Guard Bureau (NGB) Order 216-08, dated 12 August 2008, which shows his unit was reorganized.

4.  The available records do not contain paperwork for an MOSCB.

5.  On 1 November 2012, he was honorably discharged from the CAARNG in the rank of sergeant.

6.  A staff advisory opinion was obtained from the Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  The advisory official states:

	a.  a review of the applicant's case shows a payment of $2,000.00 was made to him in 2008.  He claims that while a member of the CAARNG he and his entire unit were paid this amount to reclassify from MOS 21B to MOS 21E due to a unit reorganization.  Though he provided order 216-08 showing his unit was reorganized, there is nothing in the Information and Management  Reporting Center (iMARC) or interactive Personnel Electronic Records Management System (iPERMS) showing this MOSCB, other than a manual $2,000.00 payment.  The CAARNG audit team sent the applicant a notice on 30 October 2012, showing he had an erroneous $2,000.00 payment.  A DD Form 139 (Pay Adjustment Authorization) was sent to him on 24 May 2013.

	b.  the NGB had an MOSCB policy at the time Order 216-08 was published offering $2,000.00 to eligible Soldiers directed to voluntarily or involuntarily reclassify due to reorganization, transformation, inactivation or the needs of the ARNG.  As with many actions conducted by the CAARNG in this particular time period an administrative error, no fault of the Soldier, occurred that resulted in the omission of his MOSCB paperwork.

	c.  the CAARNG has been under investigation and audit of their incentive program to identify and rectify the errors, acts of omission, and fraudulent/criminal activities that had taken place.

	d.  it is recommended the applicant be granted full administrative relief.
7.  A copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

DISCUSSION AND CONCLUSIONS:

1.  Evidence shows the applicant was reclassified from MOS 21B to MOS 21E effective 27 June 2008.  His unit was reorganized in 2008.

2.  The advisory official points out the NGB had an MOSCB policy at the time Order 216-08 was published offering $2,000.00 to eligible Soldiers directed to voluntarily or involuntarily reclassify due to reorganization, transformation, inactivation or the needs of the ARNG.  As with many actions conducted by the CAARNG in this particular time period an administrative error, no fault of the Soldier, occurred that resulted in the omission of his MOSCB paperwork.

3.  It appears the applicant received an MOSCB in the amount of $2,000.00 since his records show a payment of $2,000.00 was made to him in 2008 and any reasonable doubt should be resolved in his favor.

4.  Based on the advisory official's recommendation, it would be appropriate at this time and serve the interest of justice and equity to correct the applicant's record and allow him to retain the MOSCB in the amount of $2,000.00.

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

	a.  showing the Department of the Army authorized him to receive the MOSCB in question based on the NGB MOSCB policy at the time offering $2,000.00 to eligible Soldiers directed to voluntarily or involuntarily reclassify due to reorganization, transformation, inactivation or the needs of the ARNG; and

	b.  cancelling the recoupment action as a result of the above correction.



      ___________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)                                         AR20130013935





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130013935



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130013373

    Original file (20130013373.txt) Auto-classification: Denied

    An NGB Form 600-7-3-R, dated 18 March 2006, shows in Section III (Bonus Amount and Payments) the applicant extended his enlisted for a $15,000.00 bonus. His discharge orders, as amended, show his bonus was terminated with recoupment effective 1 June 2010, the date he was discharged. As such, his State requested a recoupment of the unearned portion of the bonuses.

  • ARMY | BCMR | CY2014 | 20140003706

    Original file (20140003706.txt) Auto-classification: Denied

    He acknowledged, in pertinent part: a. he was enlisting in an MTOE unit in a valid, vacant position; b. he was MOS qualified for the position as of the date of his reenlistment; c. the REB was to be paid in one lump-sum payment to be processed on the date of his reenlistment or extension took effect; d. if, due to unit transformation/reorganization, he became non-duty MOS qualified before his current expiration of term of service, the bonus payment would not be processed until he became duty...

  • ARMY | BCMR | CY2013 | 20130015501

    Original file (20130015501.txt) Auto-classification: Denied

    The SIAC audited the applicant's records and discovered that he was not eligible to contract for or receive payment on the EAB and SLRP incentives he enlisted for on 7 November 2007. c. At the time of his enlistment, he also contracted for a $20,000.00 SLRP incentive. He was not eligible to receive SLRP benefits at the time he contracted because he was not MOS qualified.

  • ARMY | BCMR | CY2013 | 20130012617

    Original file (20130012617.txt) Auto-classification: Approved

    The applicant states: * after the CAARNG's incentive bonus scandal was publicized and the misconduct of Master Sergeant (MSG) Txxx Jxxxx was revealed, the CAARNG established the Incentive Task Force (ITF) to investigate all bonuses paid by the State * during his 12 continuous years of service in the CAARNG, he received a total of three (3) incentive bonuses (an $8,000 enlistment bonus in 2001, a $15,000 reenlistment bonus in 2007, and a $10,000 officer accession bonus (OAB) in 2008) * during...

  • ARMY | BCMR | CY2014 | 20140018362

    Original file (20140018362.txt) Auto-classification: Approved

    The applicant requests correction of his records to allow him to retain the Student Loan Repayment Program (SLRP) incentive ($20,000.00) offered at the time of his enlistment in the Illinois Army National Guard (ARNG) in 2008. He provided Illinois ARNG Orders 331-086, dated 26 November 2008, transferring him from a personnel services detachment to a signal company in duty MOS 25B due to reorganization effective 15 November 2008. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2014 | 20140000183

    Original file (20140000183.txt) Auto-classification: Approved

    The applicant requests relief of recoupment of his reenlistment bonus and correction of his records to show he timely completed an Officer Accession Bonus (OAB) Addendum in the amount of $10,000.00. The applicant states he is fully eligible to receive both bonuses because he served at least 1 year of his Reenlistment Bonus Contract before he was commissioned. Therefore, if the bonus for which the applicant is requesting relief of recoupment is actually the CSRB, he would not have been...

  • ARMY | BCMR | CY2015 | 20150002476

    Original file (20150002476.txt) Auto-classification: Denied

    His records contain: a. Annex A (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment) to DD Form 4, dated 9 April 2013, wherein, in part, he acknowledged that he had prior service, was enlisting in the ARNG unit OHARNG Camp Ravenna, unit identification code (UIC) W92FAA, he would attend BCT at Fort Leonard Wood, MO, would undergo training in MOS 92G, and, in part, he was enlisting for the SLRP and a PSEB. b. PSEB Addendum, dated 9 April 2013, wherein,...

  • ARMY | BCMR | CY2014 | 20140009362

    Original file (20140009362.txt) Auto-classification: Approved

    The applicant states he was eligible for a $10,000 OAB due to his critical area of concentration (AOC) of 12B (Engineer) and completion of the Officer Basic Course. The applicant provides: * Request for documentation from the Incentives Task Force * Incentives Task Force Bonus Audit Form * ARNG Selected Reserve Incentive Program (SRIP) Guidance for Fiscal Year 2007, 1 January to 31 March 2007 (Policy Number 07-04) * Extension of ARNG SRIP Policy Number 07-04 to 15 June 2007 * List of...

  • ARMY | BCMR | CY2014 | 20140017103

    Original file (20140017103.txt) Auto-classification: Approved

    She formally requested an ETP from the State Incentive Manager on 1 October 2012, wherein she requested relief from, and termination of, the levied recoupment action in the amount of $20,428.45 that resulted from the termination of her incentive entitlements. (8) Furthermore, had she executed a written agreement the bonus would have been terminated in accordance with Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph E3.l.8.2,...

  • ARMY | BCMR | CY2014 | 20140000831

    Original file (20140000831.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show he is authorized to retain payments for his Enlisted Affiliation Bonus (EAFB), Prior Service Enlistment Bonus (PSEB), and Reenlistment Bonus (REB). The applicant contends that his military records should be corrected to show he is authorized to retain payments for his EAFB, PSEB, and his REB because he relied on the expertise of his career counselors for determining his eligibility for these bonuses. Rather, the...