BOARD DATE:	  14 May 2014

		DOCKET NUMBER:  AR20130014120 


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 an exception to policy (ETP) authorizing cancellation of recoupment of his non-prior service enlistment bonus (NPSEB).  

2.  He states his bonus is being recouped because he was let out early by his unit and was not informed that he had not completed his contract.  Before he enlisted, he talked with his recruiter about the possibility of serving a 2-year mission for his church during his enlistment.  The recruiter assured him this would not be an issue.  He left his unit in 2007 to serve his mission and he was told that everything was in place and that he was to report back in 2 years.  At that time, he was not informed of anything special he would have to do other than return and continue his service.

3.  He states that while he was away, his unit was reorganized and he was assigned to a new unit.  He resumed his service the week he returned from his mission.  He believed everything was ok.  He was not asked to sign anything, and he was not told how his mission had affected his bonus contract.  Later, during preparation for deployment, his commander informed him his expiration of term of service (ETS) would fall during the deployment.  He was asked to consider reenlisting.  Instead, he was told he could extend his enlistment for 1 year, which would be sufficient for his deployment and to adjust for his time away.  

4.  He states that, upon their return from deployment, the unit was reorganized.  In June 2012, he was released from his unit, and he was told he had completed the time required by his contract.  He chose not to reenlist because he had other career plans.  A few months after his ETS, he received a memorandum notifying him of recoupment of his enlistment bonus.  He was informed that he had broken his bonus contract, and $7,500.00 of the $10,000.00 he received would be recouped.  

5.  He states that, had he known he was required to serve additional time to fulfill his contract, he would have done so before he was discharged.  Although it is ultimately the responsibility of the Soldier to know what his responsibilities are, he relied on his unit's knowledge to guide him in his decisions.  When his unit informed him on several occasions that he could ETS, he trusted that they were not lying to him.  He served 6 years and 11 months of the 8 years for which he contracted.  If recoupment is necessary, he should owe $1,354.17, the prorated amount for the 1 year and 1 month he did not complete.  He assumed that the $10,000.00 would be prorated based on the amount of time he served.  

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service)
* memorandum, subject:  Notification of Incentive Discrepancy and ETP Process

CONSIDERATION OF EVIDENCE:

1.  On 19 July 2005, the applicant enlisted in the Idaho Army National Guard (IDARNG) for a period of 6 years.  

2.  In conjunction with his enlistment, he signed and Enlistment Bonus Addendum confirming he was eligible for a $10,000.00 NPSEB under the Selected Reserve Incentive Program (SRIP) provided he met certain criteria including serving at least 6 years in a unit in a paid drill status and service in critical skill military occupational specialty (MOS) 13F (Fire Support Specialist).  

	a.  He acknowledged he understood he would be suspended from bonus eligibility if he entered a period of non-availability (i.e., placement in the Inactive National Guard (ING)).  He acknowledged the maximum periods of non-availability were 1 year for personal reasons and 3 years for missionary obligations.  

	b.  He acknowledged, in part, that he would be terminated from bonus eligibility with recoupment if he:

* failed to extend, within 30 days of return to active status, for the period served in the ING
* exceeded the maximum time in the ING

	c.  He acknowledged he understood that recoupment would be based upon multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount determined by dividing the total authorized bonus amount by 72 months.  

3.  On 19 October 2006, he completed initial entry training, and he was awarded MOS 13F.

4.  On 12 January 2007, Headquarters, 1st Battalion, 148th Field Artillery, IDARNG, issued Orders 2-6 transferring him to the ING effective 13 February 2007 for the purpose of a Latter Day Saints mission.  

5.  On 17 February 2009, Headquarters, 2nd Squadron, 116th Cavalry Regiment, IDARNG, issued Orders 7-1 releasing him from the ING and transferring him into an active status effective 13 February 2009.

6.  His record is void of documentation showing he extended his enlistment for the period served in the ING within 30 days of his return to an active status.

7.  On 9 January 2010, he extended his enlistment for 1 year.  On the same date, he signed a memorandum for record stating he had volunteered to extend his service obligation by 12 months in a designated billet for the purpose of Assignment Incentive Pay.

8.  His record shows he served on active duty in support of Operation New Dawn from 17 September 2010 to 20 October 2011.  During this period of service he was deployed to Iraq from 14 November 2010 to 6 September 2011.  

9.  On 18 July 2012, he was discharged from the IDARNG by reason of expiration of his active status commitment and he was transferred to the U.S. Army Control Group (Annual Training).  

10.  On 5 March 2013, the Deputy G-1, ARNG, NGB, denied an IDARNG request for an ETP to allow the applicant to retain the NPSEB.  The State Incentive Manager was directed to terminate the bonus with recoupment on the basis that the applicant had exceeded the authorized time in the ING and failed to extend his enlistment after his ING service.

11.  On 26 September 2013, during the processing of this case, the Chief, Personnel Policy Division, NGB, provided an advisory opinion.  

	a.  The advisory official recommended recoupment of $1,666.67 of the applicant's $10,000.00 NPSEB.  She verified that he was authorized 3 years in the ING for missionary obligations and spent 2 years in the ING for that reason.  Due to his 2 years in the ING and with his 1-year extension, he served 5 years of his 6-year obligation during the 7-year period from his enlistment to his separation.  

	b.  His bonus addendum states recoupment is prorated by the number of months he successfully served.  The bonus was $10,000.00 for 72 months, or $138.89 per month.  He failed to serve 12 months of the 72-month obligation, so the recoupment amount is prorated to $1,666.67.  

12.  The applicant was provided a copy of the advisory opinion for review and comment.  He did not respond within the time allotted.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's Enlistment Bonus Addendum clearly stated the conditions he had to meet to retain his bonus eligibility upon his return from the ING.  It appears he neglected to attend to that provision of his contract, which ultimately resulted in the termination of his NPSEB with recoupment.  He states $7,500.00 of the $10,000.00 bonus he received is now being recouped.  Based on his statement, it appears that amount to be recouped has been determined based on the date he entered the ING.  

2.  The applicant was a member of the IDARNG from 19 July 2005 to 18 July 2012, a total of 7 years.  Two of those years (13 February 2007 to 12 February 2009) were served in the ING, leaving him with 5 years of service in an active status.  Notwithstanding his failure to extend his enlistment by the period he spent in the ING as required by his contract, it would be appropriate to correct his record to show an ETP was approved allowing him to retain a prorated portion of his bonus based on his 5 years of service in an active status and directing recoupment of the remainder of the total bonus amount.  

3.  He did not serve the period required to receive the full NPSEB and the terms he was required to meet were clearly stated in his contract.  There is no basis for allowing him to retain the full amount of the NPSEB.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  __x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing an ETP was approved allowing him to retain a prorated portion of his bonus based on his 5 years of service in an active status and directing recoupment of the remainder of the total bonus amount.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to cancelling recoupment of his NPSEB.



      _______ _ 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)                                         AR20130014120





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ABCMR Record of Proceedings (cont)                                         AR20130014120



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