BOARD DATE:	  2 October 2014

		DOCKET NUMBER:  AR20140001803 


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, cancellation of the recoupment action pertaining to his Reenlistment/Extension Bonus (REB).

2.  The applicant states he has more than fulfilled his obligation to the U.S. Army and has earned the bonus in full.  He served more time in a military occupational specialty (MOS)-qualified position since returning to duty [in 2009] than he had remaining on his 3-year contract in question.  He is currently serving honorably as a First Sergeant (1SG) and a mentor/trainer.  His unit is making a difference in training warriors potentially going into harm's way.  He further states:

* he extended on active duty on 17 March 2006 while deployed, thereby establishing a new expiration term of service (ETS) date of 19 October 2009
* he was released from active duty (REFRAD) on 3 December 2006
* he transferred to the Retired Reserve on 1 November 2007
* he transferred from the Retired Reserve to the Individual Ready Reserve (IRR) on 10 June 2009
* he extended his contract in the U.S. Army Reserve (USAR) on 7 October 2009, making his new ETS date 19 June 2010
* he transferred from the IRR to a USAR troop program unit (TPU) on         3 November 2009
* he extended his contract in the USAR on 2 May 2010, making his new ETS 19 June 2011
* he extended his contract in the USAR on 14 February 2011, making his new ETS date 19 June 2012
* he executed an indefinite reenlistment on 22 May 2012, making his new ETS date 2 September 2030, which coincides with his mandatory removal date (MRD)
* when requesting transfer to the Retired Reserve in 2007, he was never counseled that his transfer to the Retired Reserve could result in recoupment of his REB
* had it been made clear to him prior to retirement, through counseling, he would have delayed his retirement until after his obligation had been met
* the Wisconsin Army National Guard (WIARNG) waited nearly 6 years before notifying him of his recoupment debt
* due to family considerations, recoupment at this late date would certainly cause a financial hardship for his family

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Recommendation for Separation, dated 15 October 2007
* DA Forms 4836 (Oath of Extension or Enlistment or Reenlistment), dated 17 March 2006, 7 October 2009, 2 May 2010, and 14 February 2011 
* ARNG Retirement Point History Statement, dated 25 October 2007
* ARPC Form 249-E (Chronological Statement of Retirement Points), dated 19 January 2014
* ARNG Current Annual Statement, dated 16 January 2008
* National Guard Bureau (NGB) Form 23A1 (ARNG Retirement Points Statement Supplemental Detailed Report), dated 16 January 2008
* Retirement Checklist
* Supply Clearance Form, date 12 October 2007
* DA Form 4187 (Personnel Action)
* an email message, dated 15 October 2007
* DA Form 2446 (Request for Orders), dated 1 September 2007
* WING Form 59-E-R (Request for WIARNG Retirement Recognition), dated 9 August 2007
* WIARNG Form 200-R-E (Recommendation for Separation)
* Memoranda, Subject:

* Request Exception to Policy (ETP) for REB, Applicant, dated 
2 December 2013
* Confirmation of Retirement date, dated 6 September 2007
* Letter of Intent to Retire, dated 4 August 2007
* Service Group Life Insurance, dated 1 September 2007
* Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), dated 25 October 2007
* Notification of Incentive Discrepancy and ETP Process, dated 28 June 2013
* ETP Request to the State Education Office for Applicant, dated 15 July 2013
* Notification of ETP Result, dated 3 December 2013

* Orders:

* 009-502, dated 9 January 2008
* 316-125, dated 12 November 2006
* C-11-920218, dated 4 November 2009
* C-06-911123, dated 10 June 2009
* 017-521, dated 17 January 2008

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.  On 17 December 1991, following prior service in the Regular Army, the applicant enlisted in the WIARNG.  On 17 August 2005, he was ordered to active duty in support of Operation Iraqi Freedom and deployed from 12 November 2005 to 8 November 2006.  He was released from active duty on 3 December 2006.
3.  An NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 - REB Addendum - ARNG) shows he reenlisted in the ARNG on 17 March 2006, for a period of 3 years.  In conjunction with his reenlistment, he received an REB in the amount of $7,500.00 under the Selected Reserve Incentive Program (SRIP).  His NGB Form 600-7-3-R-E states in:

   a.  Section V (Termination) "I understand I will be terminated from bonus eligibility with recoupment if I separate from the ARNG for any reason (recoupment is required) unless due to death, injury, illness, or other impairment not the result of own misconduct."

	b.  Section VI (Recoupment) Recoupment will be based upon multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount.  This amount will be determined by dividing the total authorized bonus amount by 36 months for a     3-year bonus.  

4.  On 25 October 2007, he received his 20-Year letter.

5.  Orders 009-502, dated 9 January 2007, show he was discharged from the ARNG and reassigned to the Retired Reserve effective 1 November 2007. 

6.  Orders C-06-911123, dated 10 June 2009, show he was released from the Retired Reserve and assigned to the IRR effective 10 June 2009.

7.  On 28 June 2013, the WIARNG Incentive Manager notified him of a discrepancy with his REB in the amount of $5,000.00.  The reason cited was his ETS date was 10 October 2009, but he retired on 1 November 2007.  

8.  On 2 December 2013, the NGB Deputy G1 (ARNG) denied his request for an ETP to retain the $7,500.00 REB.  In the denial memorandum, the Deputy G1 cited the fact that the applicant was discharged or separated prior to completing his service obligation, in violation of ARNG SRIP 07-01.

9.  ARNG SRIP Policy Number 07-01 establishes policies pertaining to the administration of ARNG incentives.  

   a.  Paragraph 5 (Termination with Recoupment) states that if entitlement to an incentive is terminated for any reason before fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive an further incentive payments, except for payments for service performed before the terminating date.  Unless granted relief, the member must refund a prorated amount to the Government, if such termination results from, in pertinent part, separation from the ARNG for any reason (including enlistment or voluntary order to active duty in the active forces).

   c.  Paragraph 6 (Termination without Recoupment) states that a Soldier's eligibility for incentives will be terminated without recoupment, in pertinent part, if the Soldier's inability to fulfill his/her contracted service obligation results from his/her death, injury, illness, or other impairment not the result of the member's own misconduct.
   
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant enlisted for an REB in the amount of $7,500.00 for 3 years on 17 March 2006.  However, on 1 November 2007, he voluntarily transferred to the Retired Reserve.   

2.  He argues that he was not counseled that his transfer to the Retired Reserve could result in recoupment of his REB.  The evidence of record shows his bonus addendum clearly identified the circumstances that would result in bonus termination with recoupment.  He signed the addendum stating he understood he would be terminated from bonus eligibility with recoupment if he separated from the ARNG for any reason not including death, injury, illness, or other impairment that was not the result of his own misconduct.  Therefore, his argument that he was not counseled concerning the recoupment of his REB is not supported by the available evidence.

3.  In view of the foregoing, there is an insufficient basis to grant his requested relief.

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)                                         AR20140001803





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ABCMR Record of Proceedings (cont)                                         AR20140001803



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