IN THE CASE OF:. 

		BOARD DATE:	    8 April 2014

		DOCKET NUMBER:  AR20140000826 


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, correction of his records to show he is authorized a $15,000.00 Non-Prior Service Enlistment Bonus (NPSEB) under the Selected Reserve Incentive Program (SRIP).

2.  The applicant states:

* he was denied his remaining signing bonus and he is required to pay back $2,500.00 of the $7,500.00 he received
* when he enlisted he was "grandfathered" for a $15,000.00 bonus
* he checked with the Soldier Readiness Processing finance office to confirm the amount he received and $7,500.00 was correct

3.  The applicant provides:

* request for exception to policy, dated 23 October 2013
* duplicate DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552)
* notification of exception to policy request determination, dated 19 December 2013
* request for relief from recoupment of incentive, dated 19 December 2013
* Army National Guard (ARNG) Personnel Intranet information


CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Michigan Army National Guard (MIARNG) on 12 June 2009.

3.  His Enlistment/Reenlistment Agreement shows he was enlisting under the "S" (Standard Training) program for military occupational specialty (MOS) 21W (Carpentry and Masonry) training.

4.  The applicant completed an National Guard Bureau (NGB) Form 600-7-5-R-E (Annex E to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) – NPSEB Addendum – ARNG) at the time of his enlistment. He initialed that portion stating he would receive a total bonus in the amount of $5,000.00 for the enlistment bonus option in section II.

5.  On 14 October 2009, the applicant was ordered to active duty for training.  He was awarded MOS 21W on 11 March 2010.  He was released from active duty (REFRAD) on 26 March 2010 and he was transferred to the Wisconsin Army National Guard (WIARNG).

6.  On 23 October 2013, the NGB notified the MIARNG State Incentive Manager that the applicant's request for an exception to policy to retain a $15,000.00 NPSEB was denied.  The NGB official stated that in accordance with SRIP guidance for Fiscal Years 2007, 2008, and 2009, 10 August 2007 through 30 September 2009 (Policy Number 07-06):

	a.  The applicant received payment or was contracted above the amount authorized for the incentive which violates ARNG SRIP 07-06 (1 March 2009 to 15 June 2010).

	b.  The applicant's bonus type is not authorized in accordance with SRIP policy which violates ARNG SRP 07-06 (1 March 2009 to 15 June 2010).

7.  NGB informed the MIARNG State Incentive Manager that the applicant's contract/agreement detailed the following:

* State enlisted/accessed:  MI; unit identification code:  P8BAA
* date of agreement/enlistment:  12 June 2009
* contracted bonus addendum/agreement amount:  $15,000.00
* contracted area of concentration (AOC)/MOS:  21S; current AOC/MOS:  12H

8.  The MIARNG State Incentive Manager stated that the applicant was offered and accepted a $5,000.00 NPS off-peak shipping bonus for MOS 21W which was not on the authorized critical skill list.  The State requested a bonus control number (BCN) for the amount of $15,000.00 which violates law.  The total bonus amount on the written agreement becomes fixed once accepted by the Secretary concerned.  In addition, the applicant is serving in MOS 12H for promotion purposes.

9.  On 19 December 2013, the applicant was notified by the MIARNG Incentive Manager that his request for an exception to policy had been reviewed by NGB and was denied.  He was told that termination of his incentive was required.  He was told he qualified for a $5,000.00 bonus because of his enlistment into a non-critical skill and recoupment of his incentive is required for an overpayment of $2,500.00.

10.  In a memorandum for record, dated 19 December 2013, the MIARNG Incentive Manager requested relief from recoupment of the incentive.  He stated:

	a.  The applicant contracted to receive an NPSEB on 12 June 2009.  The BCN was requested on 4 June 2009.  At the time the BCN was approved, MOS 12W was on the NGB-approved critical skill list.  On the applicant's date of enlistment, MOS 12W was removed from the critical skill list.

	b.  The BCN was approved and scheduled for a critical skill NPS bonus and shipping to basic training during the off-peak training cycle for $15,000.00.

	c.  The Military Entrance Processing Station Guidance Counselor correctly filled out the NPS bonus addendum authorizing a $5,000.00 bonus for shipping to basic training during the off-peak training cycle.

	d.  On 13 June 2009, the State Incentive Manager determined that a discrepancy had been created by the change in the NGB-approved critical skill list and decided that the payment schedule and amount would not be changed and the applicant would be "grandfathered" for the $15,000.00 bonus effective the date of the BCN approval.

	e.  On 31 March 2010, the State Incentive Manager processed the bonus for payment on the $15,000.00 payment schedule.  The payment in the amount of $7,500.00 was approved by NGB for payment on 13 April 2010 and forwarded to the Defense Finance and Accounting Service for processing.

11.  In the memorandum for record, the MIARNG Incentive Manager stated the applicant was not at fault for the discrepancy in payment schedule or the payment made by the MIARNG and approved by NGB.  He requested that the applicant be relieved of recoupment of the overpayment of this incentive.

12.  ARNG SRIP Guidance for Fiscal Years 2007, 2008, and 2009, 10 August 2007 through 30 September 2009 (Policy Number 07-06), establishes policy to administer ARNG incentives effective 1 March 2009).  This policy, updated 17 February 2008, states that commanders at all levels are required to ensure this policy is managed effectively to preclude any occurrences of fraud, abuse, or mismanagement.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  However, the applicant's Enlistment/Reenlistment Agreement shows he was enlisting under the "S" program and he would receive a $5,000.00 NPSEB.  Nowhere in his Enlistment/Reenlistment Agreement or on any of the addenda contained in his official record does it show he was enlisting in the Army for an MOS critical skill incentive.

3.  The applicant's initials are on Annex E to his DD Form 4 showing he agreed to ship during the off-peak period (October through May) and would receive the $5,000.00.  Nowhere in his enlistment documents does it show the applicant expected to receive a $15,000.00 incentive for any reason.

4.  It does not appear that the applicant was ever entitled to receive a $15,000.00 incentive.  Based on the initials shown on his enlistment document, he knew he was entitled only to the $5,000.00 NPSEB.  He received $7,500.00; therefore the $2,500.00 he was paid should be recouped.

5.  The applicant failed to show an error or injustice in the Army decision to recoup the $2,500.00 to which he was not entitled.  In view of the foregoing, his 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 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)                                         AR20140000826



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ABCMR Record of Proceedings (cont)                                         AR20140000826



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