IN THE CASE OF: 

		BOARD DATE:	  10 July 2014

		DOCKET NUMBER:  AR20130018409 


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, as an exception to policy, relief of recoupment of his Reenlistment/Extension Bonus (REB).

2.  The applicant states:

	a.  He was not aware after he came back from the inactive National Guard (ING) that he would have to reenlist to meet the time requirements for his bonus.

	b.  Had he known, he would have readily extended to meet the requirement.

	c.  When he decided to enter the ING, he did not attempt to go overseas to provide a better financial opportunity for him and his family.

	d.  He asked his training noncommissioned officer (NCO) and the S1 NCO what he would have to do to take the job and go into the ING.  He talked to the command sergeant major and a colonel about his situation and both were supportive of him going through with it and wished him the best.

	e.  Before completing his paperwork, he asked his training NCO what would happen to the rest of the time on his enlistment, and she told him that he would be automatically extended.  He completed his paperwork and he entered into the ING in September 2011.

	f.  Going overseas was a much longer process than he and the contracting company anticipated and after going 3 months with no pay, he decided to give up on going overseas.  He quickly entered back into the Army National Guard (ARNG) in January 2012, after being in the ING for 3 months and he began drilling again.

	g.  In September 2012, he received a letter stating that he did not meet full eligibility for the bonus he signed for in 2006.  It stated that because he failed to extend his time within 30 days after returning from the ING he would have to pay back part of his enlistment bonus.  The letter told him who to contact if he had any questions; however, he was unable to contact that individual.  

	h.  He contacted his unit and attempted to reenlist for 6 years in order to avoid any issue and he was told he was too far out of his reenlistment window.  He was told that his unit would have to code his reenlistment differently because of his ING time.  He relayed the information to the S1 NCO and once his reenlistment was completed, he stopped by his unit to explain his situation.

	i.  Another S1 NCO agreed that he did not meet the requirements once he came back from the ING for his reenlistment bonus.  He asked why he was told that he would automatically be extended and he was told that she (the training NCO) said many things that day.

	j.  The S1 NCO stated he did not know about the requirements either and he would "fix it" for the next Soldier.

	k.  He did not intentionally try to fail to meet the requirements for his reenlistment bonus and he intended to continue his service once he finished his 1 year tour in the ING.  He wanted to finish his then current enlistment and he wanted to serve in the military for 20 plus years.  If he had he been informed when he returned he would have reenlisted sooner.

	l.  His time in the ING cost him financially and is a darker time for him and his family.

	m.  He hopes that his new enlistment of 6 years fully demonstrates that had he been told by his unit that he had to reenlist once he came back from the ING, he would not have hesitated to do so in order to meet his reenlistment requirements.

3.  The applicant provides:

* DA Form 2823 (Sworn Statement), dated 3 October 2012
* Notification of Incentive Termination, dated 16 August 2012
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 7 September 2012
* Denial of Request for Exception to Policy for REB, dated 17 May 2013

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the Regular Army from 2 August 2000 to 1 August 2005.  He enlisted in the South Carolina Army National Guard (SCARNG) on 6 August 2005.  

2.  He reenlisted in the SCARNG for 6 years on 23 September 2005.  He extended his enlistment for 6 years on 20 December 2006.  At the time that he extended his SCARNG enlistment and completed a National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 Reenlistment/Extension Bonus Addendum Army National of the United States).  On the NGB Form 600-7-3-R-E he acknowledged that he would receive a total bonus payment in the amount of $15,000.00, less taxes, for a 6-year reenlistment/extension.

3.  In Section IV of the NGB Form 600-7-3-R-E – Suspension, the applicant acknowledged that he understood he would be suspended from bonus eligibility if he entered a period of non-availability (placement in the ING) and that the maximum periods of non-availability are 1 year for personal reasons and 3 years for missionary obligations.  He initialed that he read section IV and that he understood the contents.

4.  In Section V of the NGB Form 600-7-3-R-E – Termination, the applicant acknowledged that he understood he would be terminated from bonus eligibility with recoupment if he failed to extend within 30 days of his return to active status for any time served in the ING.  He initialed that he read section V and that he understood the contents.

5.  Orders 295-801 were published on 22 October 2011 releasing him from his assignment in the SCARNG and transferring him to the ING for the purpose of overseas employment, for a period of 1 year, effective 1 September 2011.  This transfer was at the applicant's request.

6.  Orders 007-813 were published on 7 January 2012 releasing the applicant from ING status and returning him to drilling status effective 1 January 2012.  The orders show his period of ING status was from 1 September 2011 to 31 December 2011.

7.  On 16 August 2012, the applicant was notified that his incentive contract was required to be terminated and that any recoupment would be forwarded for debt collection action.  The notification states that information regarding recoupment is as follows:

	a.  Incentive Type – 6-year reenlistment ($15,000.00)
	b.  Reason for Termination – Failure to extend after ING return
	c.  Effective Date of Termination – 20110901
	d.  Recoupment Amount - $5,208.33
	e.  Authority for Establishing Debt – Title 31 U.S.C. section 3702

8.  On 7 September 2012, the applicant extended his enlistment in the SCARNG for a period of 6 years.

9.  The applicant's request for an exception to policy to retain the full $15,000.00 REB is not available.  However, on 17 May 2013, the NGB denied his request for an exception to policy.

10.  On 30 September 2013, Orders 273-813 were published discharging him from the SCARNG, effective 20 September 2013, in the rank of sergeant first class (E-7).  Orders 273-815 were published appointing the applicant in the SCARNG in the rank of warrant officer one (WO1), effective 21 September 2013.

11.  The available record shows that the applicant is currently a member of the SCARNG.

12.  National Guard Regulation 600-7, chapter 3 (Selected Reserve Incentive Programs), provides in pertinent part, that a Soldier’s bonus eligibility will be terminated, and recoupment initiated, if he separates from the ARNG for any reason, unless as a result of death, injury, illness, or other impairment not the result of his own misconduct.

13.  Army Regulation 135-7 (Incentive Programs), chapter 2, states that enlistment bonus entitlement will stop if the Soldier separates from enlisted status in a selected reserve unit of the ARNG or U.S. Army Reserve for any reason or accepts an appointment as a commissioned officer or warrant officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that recoupment of $5,208.33 of his REB be stopped has been considered and has been found to be without merit.


2.  Evidence of records show that the applicant was paid $15,000.00 toward a 
6-year ARNG contract with the SCARNG.  He satisfactorily performed and earned $9,791.67 of the REB.  He was released from the ARNG and he was transferred to the ING before he completed his 6-year ARNG obligation.  He is required by regulation and his contract to pay back the unearned portion of the REB he received.  His contract warned him that he had to extend within 30 days of his return from the ING.

3.  The applicant signed a REB Addendum to correspond with his DA Form 4836 prior to receiving the bonus.  The addendum acknowledged he had been advised of and understood the conditions of the program which could cause suspension, or termination and recoupment.  The State Incentive Manager was also required to verify the REB Addendum to his DA Form 4836.

4.  The applicant acknowledged he had been advised of and understood the conditions of the program which could cause suspension or termination and recoupment as show in Sections IV and V on the NGB Form 600-7-3-R-E.  Additionally, he and the reenlisting official both signed this form.

5.  The applicant's contention that he was misinformed regarding what would happen if he voluntarily requested released from the SCARNG and assignment in the ING is not substantiated by the evidence of record.

6.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20130018409



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ABCMR Record of Proceedings (cont)                                         AR20130018409



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