IN THE CASE OF:	   

		BOARD DATE:	  2 July 2014

		DOCKET NUMBER:  AR20130019760 


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 his military records be corrected to show he was authorized to receive and keep a reenlistment/extension bonus (REB) in 2004.

2.  The applicant states he reenlisted in the Texas Army National Guard (TXARNG) on 27 February 2004 and signed a contract for a $2,500.00 REB.  On 15 May 2004, prior to completing the required 6 months in the contracted position, he was hired as an Active Guard Reserve (AGR) recruiter.  He requested an exception to policy (ETP) on the recoupment of his REB which was denied.  He has served in good faith since his enlistment date and will continue to serve his entire enlistment term.  Additionally, on 28 August 2004, he was brought back into the exact same position for which he had received the REB in order to be mobilized in support of Operation Iraqi Freedom.  He served in Iraq as a scout platoon sergeant from 28 August 2004 to 21 December 2005 with the 3rd Battalion, 112th Armor Regiment.  This was his position when he extended for the REB.  He served in this position under an “M-Day Title 32” position and not as an AGR.  It was not until December 2012 that he received a notice informing him that the REB was to be recouped.  He believes that the $1,250.00 he actually received was small compensation for his last 8 years of faithful active duty service he has given to the TXARNG.

3.  The applicant provides copies of:

* National Guard Bureau (NGB) Form 600-7-3-R-E (REB Addendum) dated 27 February 2004
* Orders 133-1002, Texas Military Forces, dated 12 May 2004
* Military Pay Printout, prepared 24 May 2004
* Orders 254-110, Texas Military Forces, dated 10 September 2004
* Orders 080-342, Texas Military Forces, dated 21 March 2006
* Memorandum for Record from the applicant, dated 11 December 2012
* Memorandum, National Guard Bureau (NGB), dated 9 May 2013
* Memorandum, Texas Military Forces, dated 21 May 2013
* Memorandum, Texas Military Forces, dated 23 May 2013

CONSIDERATION OF EVIDENCE:

1.  On 27 February 2004, the applicant contracted for an REB.  His contract contains what appears to be a valid bonus control number and is signed and dated by the applicant and the reenlistment/extending official.  The conditions of his contract provided the following:

   a.  he was not re-enlisting or extending for an AGR tour or for a technician position;

   b.  he was not serving in an AGR position;

   c.  he had not previously received a 6-year or 3-year retention bonus in the Selected Reserve;

   d.  his REB was for his first 3-year reenlistment/extension for $2,500.00, with $1,250.00 payable 1 day after the expiration of his current of term of service (ETS); and

   e.  he was informed that his REB would be terminated with recoupment if he accepted an AGR tour within 6 months of the REB contract.

2.  Orders 133-1002, Texas Military Forces, dated 12 May 2004, announced the applicant’s assignment to Headquarters, Recruiting and Retention, TXARNG, in an AGR position.  His reporting date was no later than 15 May 2004.   These orders further stated that he had been ordered to active duty, with his consent, for a period of 3 years ending on 14 May 2007.  His AGR duty was as a Recruiting and Retention Noncommissioned Officer.  He was authorized a permanent change of station move to Austin, Texas.

3.  A Military Pay Printout, prepared 24 May 2004, reports that the applicant received a bonus payment of $1,250.00.

4.  Orders 254-110, Texas Military Forces, dated 10 September 2004, announced the applicant was ordered to active duty as a member of the 3rd Battalion, 112th Armored Regiment, for mobilization in support of Operation Iraqi Freedom.  He was to report to Fort Hood, Texas on 1 October 2004.  His period of mobilization was not to exceed 501 days.

5.  In a memorandum dated 11 December 2012, the applicant requested an ETP concerning the recoupment of his REB.  He stated that he was first notified about the recoupment on the previous day.  He believed that the $1,250.00 he received was small compensation for his 8 years of faithful service.  He further argued that in August 2004 he was brought back into the position for which he had received the REB and served in the duty while mobilized to Iraq.

6.  In a memorandum, dated 9 May 2013, the Deputy G1 (Personnel Officer), ARNG, denied the applicant’s request for an ETP.  The denial was based on the applicant’s assignment into an AGR position within 179 days or less of his REB contract.

7.  On 23 May 2013, the Texas Incentives Manager sent the applicant a notice of his incentive eligibility termination.  He was told his REB was being recouped because he had accepted an AGR position without having first served the minimum required term of the contract.  The recoupment was in the amount of $1,180.56.

8.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), provides that enlistment bonus contracts are valid only with bonus control numbers.  The State Incentive Manager will verify accession packets as prescribed by state policy for bonus control numbers, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he was authorized to receive and keep an REB because he was returned to and served in the position for which he had contracted.

2.  The available evidence clearly shows that the applicant contracted for an REB and agreed to serve a minimum of 6 months in the contracted position.  However, he chose to accept an AGR assignment in another unit prior to completing his minimum obligation.  Accordingly, his REB was identified for recoupment.  His contract clearly informed him that he would have to repay the REB if he accepted an AGR position before completing the minimum period of service in the contracted position.

3.  The applicant’s argument that he eventually returned to the contracted position and served the required period of service is without merit.  This only happened because he was mobilized for duty in Iraq.  There is no evidence showing that he would have returned to the contracted unit on a voluntary basis in order to retain his REB.

4.  In view of the above, 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)                                         AR20130019760





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ABCMR Record of Proceedings (cont)                                         AR20130019760



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