IN THE CASE OF:
BOARD DATE: 26 February 2014
DOCKET NUMBER: AR20130015916
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, in effect, correction of his record to show approval of a waiver for recoupment of a portion of his Non-Prior Service Enlistment Bonus (NPSEB).
2. The applicant states that prior to changing his military occupational specialty (MOS), he asked recruiters as well as several people within his chain of command about being subject to a recoupment of his bonus. He contends he was told several times that his bonus would not be recouped because changing an MOS was common and because he had fulfilled a portion of his contract. He changed his MOS based on the advice of those he felt understood the process better than he did.
3. The applicant provides a memorandum from the Missouri Army National Guard (MOARNG), dated 29 February 2013, subject: Notification of Incentive Violation and Exception to Policy Process.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows he enlisted in the ARNG on 21 March 2009 for a period of 8 years.
2. The applicant's Annex E to DD Form 4 (NPSEB Addendum ARNG) shows he would receive an NPSEB in the amount of $10,000.00 in three installments for enlisting for MOS 11B (Infantryman) which was designated as an ARNG critical skill MOS. Section V (Termination) states he might be terminated from bonus eligibility with recoupment if he voluntarily transferred out of the critical unit or MOS for which the bonus was approved upon enlistment. His signature appears at the bottom of this addendum along with the signature of a service representative.
3. He was awarded MOS 11B upon completion of MOS training on or around 4 December 2009.
4. MOARNG Orders 009-083, dated 9 January 2013, awarded him MOS 92F (Petroleum Supply Specialist) as his primary MOS effective 21 December 2012.
5. In a memorandum from the MOARNG, dated 29 February 2013, subject: Notification of Incentive Violation and Exception to Policy Process, he was informed by the Director of Manpower and Personnel that the State Incentives Manager determined he violated the terms of his contract because he voluntarily transferred out of his contracted bonus MOS to MOS 92F. The portion of the bonus to be repaid was established as $1,861.11.
6. In the processing of this case, an advisory opinion was obtained from the National Guard Bureau (NGB), Personnel Policy Division. The advisory opinion recommends disapproval of the applicant's request based on section V of the NPSEB Addendum which provides that bonus eligibility would be terminated with recoupment if he voluntarily transferred to a non-critical skill MOS or transferred from the unit for which the bonus was approved. The advisory opinion also indicates the applicant submitted a request for an exception to policy which was disapproved on 1 July 2013. The State concurred with the recommendation.
7. The advisory opinion was provided to the applicant for comments and/or a rebuttal. No response was received.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his military records should be corrected to show the recoupment of his NPSEB was waived because he was given erroneous information by his chain of command and by recruiters.
2. The available evidence clearly shows the applicant enlisted in the ARNG for training in a critical skill MOS. He signed an addendum for an NPSEB with the understanding that it would be terminated with recoupment if he voluntarily transferred to a non-critical skill MOS.
3. The applicant's contention was considered; however, without convincing evidence showing that the change in MOS was involuntary or that the MOS change was beyond his control, it is concluded that the termination of his bonus was properly executed in accordance with the terms of his enlistment contract.
4. In view of the foregoing, there is no basis for granting the applicant's 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) AR20130015916
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ABCMR Record of Proceedings (cont) AR20130015916
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