IN THE CASE OF:
BOARD DATE: 18 February 2014
DOCKET NUMBER: AR20130019398
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 a waiver of recoupment of his Army National Guard (ARNG) Prior Service Enlistment Bonus (PSEB) under the Selected Reserve Incentive Program (SRIP).
2. The applicant states he enlisted in the Minnesota ARNG (MNARNG) for a $15,000 PSEB in 2006. In April 2009 his civilian employer relocated him to Texas and he transferred to the Inactive National Guard (ING). He returned to an active status with the MNARNG in March 2010. He did not know that during in-processing he was required to extend to make up that time or he would lose entitlement to the PSEB and it would be recouped. He still had 2 years to go on his 6-year enlistment and under standard rules he would not be allowed to extend until he had less than 1 year left. If he had been properly advised of the requirement he would have gladly extended.
3. The applicant provides copies of his 2006 PSEB contract and oath; National Guard Bureau (NGB) Memorandum from the MNARNG State Incentive Manager, dated 10 July 2013; and Commander, Detachment 1, B Company, 834th Aviation Support Battalion memorandum from the MN Education Services Officer, dated 2 March 2013.
CONSIDERATION OF EVIDENCE:
1. The applicant served in the Regular Army from October 1990 to January 1997 and he was separated with an honorable discharge as a staff sergeant. On
15 July 2006, he enlisted in the ARNG for a period of 6 years, in the rank of staff sergeant. He received a $15,000 bonus with an initial payment of $7,500. The second equal amount was payable upon the 4th anniversary.
2. Section V (Termination) of his PSEB Addendum states:
"I understand I will be terminated from bonus eligibility with recoupment if I":
(1) Become an unsatisfactory participant by
* Accumulating 9 unexcused absences within a 12 month period
* Failing to attend or complete annual training without Commander approval
(2) Fail to extend my enlistment for the time served in the ING within 30 days after return to my unit. Recoupment is required from the effective date of transfer to the ING" (Emphasis Added).
3. He served on active duty with his MNARNG unit in support of Operation Iraqi Freedom from 16 June 2007 to 8 August 2008 and was awarded the Army Commendation Medal.
4. The applicant was in the ING from 29 March 2009 to 28 March 2010.
5. He was transferred to a different unit on 15 March 2011 and extended his enlistment by 1 year on 3 March 2012.
6. The documents submitted with the application include:
a. A memorandum from the Commander, Detachment 2, B Company, 834th Aviation Support Battalion, dated 2 March 2013, stating that it is unjust to hold the applicant solely responsible for not extending within the required 30-day period. He contends that units have full time administrative staff who have the responsibility to ensure that their "M-Day Soldiers are always within the parameters of regulations, policies, and directives."
b. A Memorandum from the MNARNG State Incentive Manager, dated
10 July 2013, stating the applicant's failure to extend his enlistment to cover the ING time within 30 days of his return to active status violates ARNG policy for the SRIP.
7. Title 37, U.S. Code, section 308i (Special pay: PSEB) provides, in pertinent part, that a person who is a former enlisted member of an Armed Force who enlists in the Selected Reserve of the Ready Reserve of an Armed Force for a period of 3 or 6 years in a critical military skill designated for such a bonus by the Secretary concerned is eligible for a $15,000 bonus, if he or she has completed a military service obligation, but has not more than 16 years of total military service and received an honorable discharge at the conclusion of that military service obligation.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he did not know he had only 30 days in which to extend his enlistment to cover his ING time. He cites the standard procedure that would have precluded him from doing so until he was within 1 year of the expiration of his time of service.
2. His PSEB Addendum clearly stated "I understand I will be terminated from bonus eligibility with recoupment if I
Fail to extend my enlistment for time served in the ING within 30 days after my return to my unit
.
3. The applicant, alone, must bear the responsibility for his failure to act. The requirements and consequences are clearly set out in his PSEB Addendum.
4. The applicant has submitted neither probative evidence nor a convincing argument in support of the request. The actions by the Army were proper, and there is no doubt to be resolved in favor of the applicant.
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) AR20130019398
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