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 Orders, dated 1 August 2008, show he was awarded primary MOS 21E and primary MOS 21B was withdrawn.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