IN THE CASE OF:	  

		BOARD DATE:	  18 December 2014

		DOCKET NUMBER:  AR20140003316 


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 that he be granted an exception to policy to retain his Reenlistment Extension Bonus (REB) and that recoupment action be terminated.

2.  The applicant states, in effect, that he entered into a 6-year REB with the Oklahoma Army National Guard (OKARNG) in the amount of $15,000 (lump-sum payment) on 30 June 2006.  On 30 June 2006, he entered into the Inactive National Guard (ING) and remained for 2 years before returning to an active status.  He extended his enlistment for 6 months, and on 31 August 2012 he received notification that his incentive eligibility was terminated and recoupment action in the amount of $6,041.67 had been initiated because he did not extend his enlistment to make up the time he spent in the ING.  He extended his enlistment for a period of 2 years to make up the time he spent in the ING; however, his request was denied because he did not extend within 30 days of returning to active status.  He was never informed that he had to extend his enlistment to make up the time he spent in the ING as he would have done so because he has 20 good years toward retirement.  

3.  The applicant provides a list of documents submitted with his application on pages 5 and 6 of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a military police in the OKARNG in the pay grade of E-5 when he was ordered to active duty in support of Operation Iraqi Freedom when he signed a 6-year extension of his enlistment on 30 June 2006 to receive a $15,000 REB.  His Reenlistment/Extension Bonus Addendum informed him that his bonus eligibility would be suspended if he entered a period of non-availability (placement in the ING, 1 year for personal reasons or 3 years for missionary obligations).  It also informed him that bonus eligibility would be terminated if he failed to extend his enlistment for the time served in the ING within 30 days after return to his unit.

2.  On 18 February 2010, he entered the ING for a period of 1 year.  On            28 January 2011, he was granted approval for an additional year in the ING.

3.  The applicant returned to an active status in February 2012.  On 28 June 2012, he extended his enlistment for a period of 6 months.

4.  On 27 August 2012, a memorandum was dispatched from the OKARNG to the applicant informing him that his incentive eligibility was terminated and recoupment action in the amount of $6,041.67 had been initiated.

5.  On 2 December 2012, he extended his enlistment for a period of 2 years.

6.  On 6 May 2013, the National Guard Bureau (NGB) denied his request for an exception to policy and directed that recoupment action be initiated.  The NGB cited as the basis for their decision that the applicant exceeded the time authorized in the ING and that he did not extend his enlistment within 30 days of returning to an active status.

7.  In the processing of this application a staff advisory opinion was obtained from the NGB which opines that the applicant’s bonus was being recouped because he exceeded the time authorized in the ING and failed to extend within 30 days of returning to an active status.

8.  The advisory opinion was provided to the applicant for comment and he responded to the effect that he was not informed that he would lose his incentive eligibility if he remained in the ING for more than a year or of the requirement to extend within 30 days of returning to an active status to make up for the time spent in the ING.  He did extend his enlistment for more time than was required once he was informed of the requirement and asks the Board to consider his many years of faithful service in granting his request.  He also provides a letter from the Readiness Noncommissioned Officer.

9.  A review of the applicant’s official records and the available evidence shows that the applicant has made deployments to Sinai and Iraq.  


DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions have been noted and it appears to have some merit.

2.  The applicant’s REB was cancelled and recoupment directed because the applicant was in the ING for a period of 2 years and because he did not extend his enlistment to make up the 2 years within 30 days of returning to active status.

3.  However, the applicant requested transfer to the ING and was granted approval by the OKARNG in one-year increments.  Although his Reenlistment/Extension Bonus Addendum implied, there is no evidence in the available records to show that he was informed at the time of his second extension in the ING that his incentive eligibility would terminate as a result of the second extension.  

4.  Additionally, it is not reasonable that a person would knowingly agree to transfer to the ING if they were required to repay their bonus and then would extend their enlistment for more time than required knowing that they would not retain their bonus. 

5.  In regards to the fact that he did not extend his enlistment within 30 days of his return to active status, given that the applicant extended his enlistment for more time than was required to make up for his time in the ING and given his many years of faithful and honorable service, as a matter of equity the applicant should be given the benefit of any doubt and granted an exception to policy to retain his incentive eligibility.

6.  Accordingly, he should be granted an exception to policy to retain his incentive eligibility and recoupment action should be terminated and all funds collected be returned to the applicant.

BOARD VOTE:

____x___  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing that the applicant extended his enlistment in a timely manner to retain his incentive eligibility and that recoupment action be terminated and all funds collected be returned to the applicant.



      _______ _   _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)                                         AR20140003316





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ABCMR Record of Proceedings (cont)                                         AR20140003316



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