IN THE CASE OF:  

		BOARD DATE:  27 May 2014

		DOCKET NUMBER:  AR20130016993


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, cancellation of the recoupment action pertaining to the reenlistment/extension bonus (REB) he contracted for as a member of the North Dakota Army National Guard (NDARNG).  Additionally, he requests repayment of all payments collected from this recoupment action.  

2.  The applicant states:

* he retired from the NDARNG after serving honorably for 20 years
* he is a self-employed business owner in Fargo, ND, and the required time away from his civilian business over the years, including a 14-month tour in Iraq, created a loss of business
* along with home-station requirements, his unit's operational tempo required future deployments of 3 weeks to 12 months or more, which would have created a significant hardship and additional loss to his business
* his spouse serves full time in the ND Air National Guard (NDANG)
* he and his spouse have two children and do not have any family in the area to care for their children if they were both activated at the same time
* when he reenlisted, he made it clear he only wanted to reenlist for 3 years, which would have given him 19 years of qualifying service for retirement
* he wanted to decide at that time the best way to complete his 20th year
* he was informed by his Retention NCO that it would be better for him to reenlist for six years and receive the larger bonus, because if he served at least half of the term he would not have to pay anything back
* when he decided to request retirement, he addressed the recoupment issue again with his unit and was advised that because he had served more than half of his contract, [recoupment] would be waived
* to his surprise, he received a memorandum in December 2012 that denied his request for an exception to policy to keep his bonus without recoupment
* he trusted those in the position to provide him truthful and accurate data, which did not happen

3.  The applicant provides:

* a letter from the Army Review Boards Agency, dated 12 March 2013
* a memorandum from the National Guard Bureau (NGB), Arlington, VA, dated 23 November 2012
* his NGB Form 22 (Report of Separation and Record of Service)

CONSIDERATION OF EVIDENCE:

1.  On 3 March 1992, the applicant enlisted in the NDARNG.  On 2 April 1992, he entered active duty for the purpose of completing his initial entry training.  On    27 July 1992, he completed his initial entry training and was released from active duty to the control of the NDARNG.

2.  He served through numerous periods of reenlistment or extension in positions of increased responsibility, and on 8 March 2010, he was promoted to the rank/grade of master sergeant (MSG)/E-8. 

3.  On 30 March 2008, he extended his initial enlistment for an additional 6 years.

4.  In connection with his extension, he signed an NGB Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) – REB Addendum – ARNG of the United States).  This form shows:

* he did not have more than 20 years of total military service upon his expiration term of service (ETS) and he was reenlisting or extending for    6 years
* he contracted for a $15,000.00 REB in a critical unit or skill
* he verified each section by placing his initials on the appropriate line, attesting to his understanding of the specific provisions of each section, including eligibility, suspension, termination without recoupment, and termination with recoupment
* he understood his bonus eligibility would be terminated with recoupment if he separated from the ARNG for any reason, unless that reason was due to death, injury, illness, or other impairment (not the result of his own misconduct)

5.  On 1 June 2012, he was discharged from the NDARNG at the completion of 20 years, 2 months, and 29 days of honorable service.  His NGB Form 22 shows he was transferred to the U.S. Army Reserve Control Group (Retired Reserve).

6.  The NDARNG requested an exception to policy from NGB for the applicant to retain his $15,000 reenlistment/extension bonus.  

7.  On 23 November 2012, NGB denied the NDARNG's request.  In its denial memorandum, the Deputy G1, Army National Guard, stated the following:

* the NDARNG's request for an exception to policy is denied – the State Incentive Manager will terminate the [Applicant's] incentive with recoupment effective the date of discharge (emphasis added)
* in accordance with Army National Guard Selected Reserve Incentive Program (SRIP) Guidance 07-06 (effective 10 August 2007 – 28 February 2009), eligible Soldiers were offered the REB
* MSG [Applicant] extended his enlistment with the NDARNG on 30 March 2008 for the $15,000 REB in critical skill military occupational specialty (MOS) 11Z (Senior Infantry Sergeant)
* MSG [Applicant] voluntarily retired on 1 June 2012 prior to completing his service obligation, which is a violation of the terms and conditions of his incentive agreement

8.  ARNG SRIP Policy Number 07-06 (ARNG SRIP Guidance for Fiscal Year (FY) 2007, 2008, 2009, 10 August 2007-20 September 2009 (Policy Number 
07-06) with Updates), establishes policy to administer ARNG incentives effective 1 March 2009-30 September 2009.  On 30 September 2009, NGB extended its expiration date until an unspecified future date.  Paragraph 14 (Termination with Recoupment) provides reasons for termination of an incentive prior to the fulfillment of a required service obligation, including separation from the ARNG for any reason not specifically addressed elsewhere in the policy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for cancellation of the recoupment action pertaining to the REB he contracted for as a member of the NDARNG, as well as repayment of all payments collected from this recoupment action, was carefully considered.

2.  The applicant enlisted for an REB in the amount of $15,000.00; however, he voluntarily retired prior to completing the service obligation he agreed to when he contracted for the REB.  His bonus addendum clearly identified the circumstances that would result in bonus termination with recoupment.

3.  On 23 November 2012, the NGB denied an exception to policy request for him to retain the incentive, citing his voluntary retirement prior to completing the service obligation he agreed to when he contracted for the incentive.  

4.  SRIP Policy Number 07-06, in effect at the time, provided for the termination with recoupment of any incentive paid to any Soldier who separated from the ARNG for any reason not cited as an exception elsewhere in the policy.  Accordingly, the NGB was justified in terminating his bonus with recoupment.

5.  The applicant agreed to serve an additional 6 years for a $15,000 REB.  He acknowledged he understood the circumstances upon which his bonus could be recouped.  Since he did not complete the required 6 years of additional ARNG service, the NGB ordered the termination of his REB and recoupment of the unearned portion of his bonus.  The negative impact of the recoupment action is regrettable; however, this is a natural result of his actions and a personal choice he made.  There is neither an error nor an injustice.    

6.  In view of the foregoing, there is an insufficient basis to grant 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 that 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)                                         AR20100024747



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ABCMR Record of Proceedings (cont)                                         AR20130016993



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