IN THE CASE OF:
BOARD DATE: 25 March 2014
DOCKET NUMBER: AR20130020393
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 correction of her military records to show her entitlement to the $6,000.00 Non-Prior Service Enlistment Bonus (NPSEB) and $15,000.00 Reenlistment/Extension Bonus and cancellation of any recoupment action.
2. The applicant states:
a. She enlisted in the California Army National Guard (CAARNG) in military occupational specialty (MOS) 68X (Mental Health Specialist) on 27 May 2005. Her contract included an NPSEB of $6,000.00. She relied on the expertise of the Military Entrance Processing Station (MEPS) officials to know the correct process.
b. On 12 May 2008, she extended her enlistment which included a bonus of $15,000.00. She relied on the expertise of the Retention Noncommissioned Officer (NCO) who should have known the correct process.
c. On 6 May 2013, she received a letter from the Incentive Task Force Office informing her that there were discrepancies with her two bonus payments and they wanted to recoup her two bonuses because the payments were made in violation of Department of Defense guidance and National Guard Bureau policy.
d. She met the terms of her contracts and feels she should not be penalized for the errors made by the MEPS officials and Retention NCO.
3. The applicant provides copies of:
* Enlistment Bonus Addendum, NPSEB, dated 25 May 2005
* Reenlistment/Extension Bonus Addendum, dated 12 May 2008
* Headquarters, CAARNG, memorandum, dated 6 May 2013, subject: Request for Documentation Supporting Your Incentives
* DA Form 139 (Pay Adjustment Authorization), dated 13 September 2013
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving as a specialist/E-4 in the CAARNG.
2. Her Enlistment Bonus Addendum shows she enlisted in the CAARNG on 27 May 2005 for a period of 3 years. She did not have prior military service. Section III (Payments) shows she would receive a $6,000.00 bonus.
3. Her Reenlistment/Extension Bonus Addendum shows she extended her service for a period of 6 years on 12 May 2008. Section III (Bonus Amount and Payments) shows she would receive a bonus payment of $15,000.00.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division Branch, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army.
a. The applicant enlisted in the ARNG on 17 May 2005 and extended her service on 12 May 2008. A review of the applicant's enlistment contract reveals that she had an NPSEB option on the addendum to her 27 May 2005 contract for 3 years in a troop program unit in MOS 91X (later converted to 68X) in the amount of $6,000.00. Her 12 May 2008 extension showed a bonus entitlement of $15,000.00 for an additional 6 years.
b. The applicant served the full term of her initial contract and has nearly completed the term of her subsequent extension. She performed both periods of service honorably. The applicant's MOS appeared on the 2005 and 2008 Selected Reserve Incentive Program (SRIP) lists.
c. The G-1 recommended granting the applicant relief to retain any erroneous bonus payments and any cancellation of her debt incurred based on erroneous bonus payments.
5. On 11 February 2014, a copy of the advisory opinion was forwarded to the applicant for information and to allow her an opportunity to submit comments or a rebuttal. No response was received.
6. The Principal Deputy Under Secretary of Defense memorandum delegates to the Secretary concerned a determination on a case-by-case basis that bonus repayment will not be required if it is determined that such repayment would be contrary to a personnel policy or management objectives, against equity and good conscience, or contrary to the best interest of the United States.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows the applicant entered into contracts with the understanding that she was entitled to an NPSEB and a Reenlistment/
Extension Bonus.
2. In accordance with the recommendation of the Deputy Chief of Staff, G-1, it would be appropriate to correct the applicant's military records to show entitlement to her bonuses and cancellation of any recoupment action.
3. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X____ ___X_____ ___X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by:
a. showing the appropriate authority approved a waiver of the bonus recoupment action entitling the applicant to retain her enlistment bonuses and
b. paying her all monies that may have been recouped relating to these bonuses out of ARNG funds.
_____________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) AR20110020775
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ABCMR Record of Proceedings (cont) AR20130020393
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