BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140001809 


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 reconsideration of his previous request for termination of his enlistment bonus recoupment.

2.  The applicant states:

	a.  He is appealing the Board's decision on the grounds of National Guard Regulation (NGR) 600-200, paragraph 6-11 (Recoupment of Unearned Selected Reserve Incentive Program (SRIP) Payments), which states that commanders and personnel officers will ensure that all recoupment actions are completed prior to final separation of the Soldier.

	b.  Shown in "IMARC" comments provided to him by email dated 31 August 2010, highlighted in yellow, he was given a hardship discharge termination without recoupment effective 30 July 2010.

	c.  Shown on "NGB WV-PER-ED (NGB 600-7)" dated 29 March 2011, the State Bonus and Incentives Manager filled out paperwork to recoup his bonus and backdated it to the day before his effective date of discharge.  According to regulation she was to ensure that all recoupment actions were completed prior to 30 July 2010 and she did not.

	d.  Even the advisory opinion states that he should be granted relief due to Army National Guard error.


3.  The applicant provides:

* Page 38 of NGR 600-200
* "IMARC" Printout
* Termination of Incentive Notification dated 29 March 2011
* Advisory opinion dated 26 March 2012
* Email pertaining to his discharge and bonus eligibility dated 28 March 2011

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120005271, on 21 February 2013.

2.  The applicant makes a new argument and provides new evidence that warrant consideration by the ABCMR.

3.  He enlisted in the West Virginia Army National Guard (WVARNG) for 6 years on 4 November 2002.  His DD Form 4 (Enlistment Bonus Addendum ARNGUS), Annex E shows he enlisted for a $3,000.00 enlistment bonus.  He was also eligible for an Off-Peak Ship Bonus of $2,000.00.

4.  On 1 June 2008, he extended his enlistment for 6 years.  At the time that he extended his enlistment he completed an NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 (Reenlistment/Extension Bonus (REB) Addendum ARNG of the United States (ARNGUS)).  This form shows he extended his enlistment to receive an REB in the amount of $15,000.00 based on his 21E (Heavy Construction Equipment Operator) critical skills military occupational specialty.

5.  In Section VI (Termination with Recoupment) of his NGB Form 600-7-3-R-E, the applicant acknowledged he understood that he would be terminated from bonus eligibility with recoupment if he was separated from the ARNG for any reason unless due to death, injury, illness or other impairment not the result of his own misconduct.

6.  The applicant requested discharge because of a conflict with his job and family life.  As a result of this request, on 20 July 2010, his unit commander requested the initiation of his discharge, due to reasons of work conflict.

7.  On 31 August 2010, Joint Forces Headquarters Orders 243-606 were published discharging the applicant from the WVARNG, effective 30 July 2010, under the provisions of NGR 600-200, paragraph 6-35c(1), due to dependency or hardship.  The orders show "Assign Loss Reason: Hardship or Religious Reasons (HA)."  The orders also show "SRIP: Yes, Termination: Yes, Recoupment: Yes, Termination Date: 20100730, Termination Reason: TERMINATED – OTHER."  He was transferred to the U.S. Army Reserve Control Group (Reinforcement).

8.  On 28 March 2011, Joint Forces Headquarters Orders 087-614 were published amending Orders 243-606 to show "Assign Loss Reason: Incompation [sic] Occupation (IJ)" and "Authority: NGB 600-200, para 6-36g."

9.  Via memorandum dated 29 March 2011, the applicant was notified that he had been terminated from his bonuses (2) incentives effective 30 July 2010, due to "other reason" – recoupment required.  The memorandum shows incompatible occupation as the explanation for termination and $10,833.33 as the approximate amount owed.  Handwritten on the notification are the statements "MOS Conversion Bonus $2,000" and "Was not eligible for bonus."

10.  During the processing of the applicant's previous case, an advisory opinion from the Office of the Deputy Chief of Staff, G-1, recommending that relief be granted due to ARNG error.  He concurred with the opinion on 11 April 2012.

11.  On 21 February 2013, the ABCMR denied the applicant's request for termination of the recoupment of his sign-on and conversion bonuses, change of his narrative reason for separation back to hardship, and an upgrade of his general discharge to an honorable discharge.

12.  As new evidence the applicant provides an IMARC printout which shows that on 31 August 2010 an entry was made "Hardship discharge on JFHQ-WV Order 243-606 dated 31 August 2010, effective 30 July 2010.  Term without recoup per new policy ARNG-SRIP Guidance for FY 2010, term without recoup, page 15, 14j."  He also provides new evidence in the form of page 38 of NGR 600-200. Highlighted in paragraph 6-11 is the phrase "Commanders and personnel officers will ensure that all recoupment actions are completed prior to final separation of the Soldier."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His new evidence has been considered.

2.  The applicant was initially informed that he would receive a hardship discharge without recoupment of his SRIP bonuses.  However, it was later discovered that his request for his discharge did not meet the requirements for a hardship discharge.  

3.  Contrary to the "errors" made by the ARNG as stated in the advisory opinion, his reason for discharge was clearly due to work related conflicts which requires the recoupment of his bonuses.  The fact that the information initially placed in IMARC was incorrect is an insufficient justification for granting relief in this case.

4.  With regard to the statement made in paragraph 6-11 of NGR 600-200, that commanders and personnel officers will ensure that all recoupment actions are completed prior to final separation of the Soldier, the fact that this action was not timely completed is also insufficient justification for granting relief.  To allow him to retain his bonuses would be affording him a benefit that is not afforded to other Soldiers in similar situations.

5.  At the time of his extension, he acknowledged that he understood he would be terminated from bonus eligibility with recoupment if he was separated from the ARNG for any reason unless due to death, injury, illness or other impairment not the result of his own misconduct.  He did not uphold his end of the contract as he requested to be discharged prior to completing his 6-year obligation, but not because of any of the reasons that would have allowed him to be discharged without recoupment of his bonuses.

6.  In view of the foregoing, 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 to amend the decision of the ABCMR set forth in Docket Number AR20120005271, dated 21 February 2013.



      _______ _   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)                                         AR20140001809





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ABCMR Record of Proceedings (cont)                                         AR20140001809



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