IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140003499 


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 his records to show relief from recoupment of his reenlistment bonus (REB) by the California Army National Guard (CAARNG).

2.  The applicant states he was fully qualified for the REB.  However, neither he nor the CAARNG can find the REB Addendum. 

3.  The applicant provides:

* DD Form 139 (Pay Adjustment Authorization)
* DA Form 2823 (Sworn Statement)
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Defense Finance and Accounting Service (DFAS) printout
* ARNG Retirement Points History Statement
* DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 30 January 2003, 21 May 2006, and 5 August 2008
* Orders 216-1019, transfer to another unit
* Orders 227-1039, release from unit  

CONSIDERATION OF EVIDENCE:

1.  The applicant previously served in the U.S. Navy from 3 February 1999 to 30 January 2003.  He also served in the U.S. Navy Reserve from 31 January 2003 to 28 April 2004. 

2.  His complete ARNG service records are not available for review with this case.  However, his ARNG Retirement Points History Statement shows he enlisted in the CAARNG on 29 April 2004.  A copy of his enlistment contract is not available for review with this case.  

3.  On 8 June 2004, CAARNG published Orders 160-1011 awarding him primary military occupational specialty (MOS) 13R (Field Artillery Firefinder Radar Operator) and withdrawing MOS 31F (Network Switching Systems Operator)

4.  He entered active duty on 3 January 2005 and served in Afghanistan from 13 April 2005 to 15 April 2006.  

5.  His DA Form 2166-8 (Noncommissioned Officer Evaluation Report) for the rating period February 2005 through December 2005 shows he was assigned to Detachment 1, Battery F, 144th Field Artillery, Los Angeles, CA.  It also states he was technically proficient despite having not completed prescribed MOS school. 

6.  He was honorably released from active duty on 21 May 2006 to the control of State ARNG.  

7.  On 4 August 2006, CAARNG published Orders 216-1019 releasing him from the 240th Signal Battalion, Long Beach, CA and transferring him to Battery F, 144th Field Artillery Rear Detachment, effective 4 August 2006. 

8.  He entered active duty on 11 July 2007 and served in Iraq from 4 September 2007 to 3 June 2008.  His enlistment contract expired on 30 January 2007.

9.  On 3 February 2007 (erroneously shown as 2006), he executed a 6-year extension in the ARNG, while in Afghanistan, effective 31 January 2007.  His DA Form 4836 does not reflect any incentives and there are no addenda attached to this form.

10.  He was honorably released from active duty on 5 August 2008.  His DD Form 214 for this period of service shows he completed 1 year and 25 days of active service.  

11.  His DA Form 2166-8 for the rating period January 2006 through November 2006 and 30 November 2006 through 29 November 2007 both show he did not meet the height and weight standards of Army Regulation 600-9 (Army Weight Control Program). 

12.  His DFAS pay records show he received two payments of $7,500 each on 31 January and 1 February 2007 for his enlistment on 31 January 2007. 
13.  On 14 August 2008, CAARNG published Orders 227-1039 releasing him from assignment to Service Battery, 1st Battalion, 143rd Field Artillery and reassigning him to Battery F, 144th Field Artillery, effective 13 August 2008. 

14.  He was honorably discharged from the ARNG on 30 January 2013.  

15.  He provides a statement from Chief Warrant Officer Four (CW4) SG, dated 28 January 2014.  CW4 SG states he was on tour with F Battery, 144th Field Artillery in Afghanistan and he swore the applicant into reenlistment in February “2006.”  The applicant was under his command and he reenlisted for 6 years with a $15,000 bonus for his MOS.  

16.  He also provides a DD Form 139, initiated by the Incentives Task Force, CAARNG, on 8 May 2013, charging his account with a $15,000 debt as a result of receiving Selected Reserve Incentives Program funds in error.

17.  An advisory opinion was received on 20 June 2014 from the Office of the Deputy Chief of Staff, G-1, in the processing of this case.  An Army G-1 official recommended approval of the applicant's request.  He stated: 

	a.  The applicant requests relief from termination of a $15,000 REB from the CAARNG.  He enlisted for 6 years in the CAARNG on 3 February 2007, while deployed to Afghanistan.  He received the bonus of two installments at $7,500 each.  

	b.  The CAARNG is seeking to recoup the incentive on the grounds that no bonus addendum could be found by either him or the CAARNG to substantiate that he indeed qualified for and was offered the bonus.  His DA Form 4836 indicates he was offered an incentive. 

	c.  He has a signed memorandum from Chief Warrant Officer GS indicating he was the officer who swore him in and confirms the applicant reenlisted for a bonus.  Also, his DD Form 214 from the deployment indicates he was MOS-qualified.  

	d.  Based on the above facts, the Army G-1 recommends granting the applicant full relief. 

18.  The applicant was provided with a copy of this advisory opinion but he did not respond. 



DISCUSSION AND CONCLUSIONS:

1.  The applicant extended his ARNG enlistment for a period of 6 years on 3 February 2007 while deployed in Afghanistan.  It appears he was offered a $15,000 reenlistment bonus as an incentive for this extension.  However, his bonus addendum could not be found.  

2.  It appears the CAARNG Incentives Task Force audited his records and since the addendum could not be found, the Task Force ordered recoupment of the erroneously-paid incentive.  

3.  Given that he was deployed at the time, it is reasonable to presume the proper paperwork was not competed to standard.  After all, it was the responsibility of retention personnel to ensure the addendum was properly completed, processed, and filed. 

4.  Nonetheless, he extended in good faith and fulfilled the requirements of his extension.  Additionally, he deployed, was MOS qualified, and actually received payments for his incentive.  He should not be penalized for errors committed by his retention personnel.  Despite the absence of his incentive addendum, as a matter of equity he should be entitled to full relief. 

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 he executed a Reenlistment Addendum on 3 February 2007 and all required officials signed the extension contract and bonus addendum on that date,

	b.  showing that NGB timely received and processed his extension, and

	c.  terminating any recoupment action of the incentive and/or paying him from the $15,000.00 bonus from 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)                                         AR20140003499





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ABCMR Record of Proceedings (cont)                                         AR20140003499



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