IN THE CASE OF:	  

		BOARD DATE:	    2 December 2014

		DOCKET NUMBER:  AR20140003706 


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 recoupment of a $15,000 Reenlistment/Extension Bonus (REB) he received under the Selected Reserve Incentive Program (SRIP).  

2.  He states he reenlisted in Iraq on 31 October 2007.  He fulfilled his 6-year obligation, and he is still serving with the intent of completing 20 years of service.  On 18 December 2013, he noticed a debt payment coming out of his pay for the REB he received on 7 December 2007.  He was never told to and did not agree to stay in the military occupational specialty (MOS) for which he reenlisted.  He informed "them" when he reenlisted that he intended to get into aviation and continue his career.  He was told this would not be a problem and would not affect his bonus.  He reviewed his bonus addendum and could find no clause stating he must remain in the MOS he held.  He disagrees with the loss of his bonus because he believes he has fulfilled his obligation.  

3.  He provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Military Leave and Earnings Statement (LES)
* DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States)
* National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836 – REB Addendum – Army National Guard (ARNG) of the United States)

CONSIDERATION OF EVIDENCE:

1.  With a brief period of prior service in the U.S. Marine Corps, on 17 November 1999, the applicant enlisted in the Regular Army.  On 16 November 2002, he was honorably released from active duty and transferred to the ARNG of the United States to complete his military service obligation.  

2.  On 31 October 2007, he reenlisted in the Missouri ARNG (MOARNG) for a 
6-year period.  

3.  On that date he signed an NGB Form 600-7-3-R-E agreeing to the requirements for receipt of a $15,000 REB in conjunction with his 6-year reenlistment in a non-critical Modification Table of Organization and Equipment (MTOE) unit.  He acknowledged, in pertinent part:

	a.  he was enlisting in an MTOE unit in a valid, vacant position; 

	b.  he was MOS qualified for the position as of the date of his reenlistment; 

	c.  the REB was to be paid in one lump-sum payment to be processed on the date of his reenlistment or extension took effect; 

	d.  if, due to unit transformation/reorganization, he became non-duty MOS qualified before his current expiration of term of service, the bonus payment would not be processed until he became duty MOS (DMOS) qualified; and

	e.  he would be terminated from bonus eligibility with recoupment if he did not become qualified in or awarded as primary the MOS required for his position within 36 months of transfer due to command-directed unit inactivation, unit reorganization, or relocation.

4.  The NGB Form 600-7-3-R-E he signed makes no reference to a duty MOS; however, his record shows that at the time he held MOS 52D (Power Generation Equipment Repairer) and he was assigned to Headquarters, 20th Combat Aviation Brigade (CAB).

5.  Headquarters, Missouri National Guard issued the following orders pertaining to the applicant:

	a.  Orders 079-261, dated 19 March 2008, releasing him from assignment with the 20th CAB and transferring him to the 1st Battalion, 376th Aviation Regiment, effective 1 April 2008, in an MOS 52D position.  These orders show the reason for the transfer was "inactivation, reorganization or relocation."  The orders include the entry "SRIP:  Yes, Termination:  No."

	b.  Orders 070-417, dated 11 March 2009, released him from an excess enlisted position with the 1st Battalion, 376th Aviation Regiment and transferred him to an MOS 15X (AH-64 Armament/Electrical Systems Repairer) position with the 935th Aviation Support Battalion (ASB), effective 9 March 2009.  The orders show the reason for the transfer as "individual's request."  The orders include the entry "SRIP:  Yes, Termination:  No." 

	c.  Orders 259-122, dated 16 September 2009, awarded him MOS 91D (Power Generation Equipment Repairer) and withdrew MOS 52D effective the date of the orders.  The orders show he was assigned to a DMOS 15X position at the time.

6.  A DA Form 4187 (Personnel Action), dated 12 December 2010, shows he was reassigned to a DMOS 15H (Aircraft Pneudraulics Repairer) position in the 935th ASB.  This form shows he was not DMOS qualified for MOS 15H.  

7.  On 7 February 2011, Headquarters, U.S. Army Garrison, Fort Rucker, AL, issued Orders 038-101 awarding him MOS 15H, effective 22 April 2011, or upon completion of training.  A DD Form 214 shows he was released from active duty training on 22 April 2011.  

8.  On 26 April 2011, Headquarters, Missouri National Guard, issued Orders 
116-336 awarding him primary MOS 15H.  The orders show he was assigned to a DMOS 15H position.

9.  He is currently serving in the MOARNG as a staff sergeant/E-6 in MOS 15H.

10.  He provides an LES for his pay, dated 18 December 2013.  The LES shows he had an original REB debt in the amount of $11,666.67 of which $11,230.43 was unpaid.  

11.  On 12 May 2014, the Chief, Personnel Policy Division, NGB, provided an advisory opinion recommending partial approval of the applicant's request.  The advisory official states:

	a.  The applicant reenlisted in the MOARNG on 31 October 2007 for a $15,000 REB while serving in MOS 52D, which was on the critical MOS list in effect at the time.  

	b.  Effective 9 March 2009, he transferred to an MOS 15X duty position per his request.  MOS 15X was not listed as a bonus skill for the MOARNG.  He did not believe this would affect his bonus because bonus recoupment for transferring to a different MOS is not included in the terms of the contract addendum.

		(1)  SRIP 07-06, paragraph 5c, states a bonus will be recouped if the Soldier moves to a non-bonus skill or unit, unless the move is due to normal career progression (promotion) or is required by the needs of the ARNG.  His MOS move was neither for career progression nor for promotion.  

		(2)  Army Regulation 135-7 (ARNG and Army Reserve Incentive Programs), paragraph 4-7b(1), states a bonus will be terminated if the Soldier moves to a non-bonus unit or MOS or is reclassified in an MOS other than for which contracted.  In accordance with paragraph 4-9a(2) of this regulation, the bonus is recouped.  

		(3)  National Guard Regulation 600-7 (SRIP) allows for a voluntary MOS transfer.  Paragraph 3-9f (actually paragraph 3-10f) of the version then in effect stated an REB would be terminated with recoupment if the Soldier did not become qualified in and awarded the MOS for their position within 24 months after a voluntary transfer into another MOS effective the date of transfer from the contracted MOS.  The applicant did not become MOS qualified in his new MOS within 24 months.  There is no evidence he was ever awarded MOS 15X.  He was awarded MOS 15H on 20 April 2011.

	c.  In accordance with National Guard Regulation 600-7, paragraph 3-11, he is entitled to retain the bonus money allocated to the months he served prior to transferring from the contracted DMOS position.  He served in that position for
16 months; therefore, he is entitled to $3,333.33 of the bonus.  The recoupment amount is $11,666.66.  

	d.  The MOARNG concurs with this recommendation.  

12.  A copy of the advisory opinion was provided to the applicant for his review and response.  He did not respond within the time allotted.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he can find no clause in his bonus addendum stating he was required to remain in the MOS he held when he reenlisted in 2007.  In making this contention, he is ignoring the fundamental purpose of an REB.  An REB is an incentive for Soldiers to reenlist or extend an enlistment to serve in a specified unit and/or MOS for a defined period.  In return for the bonus, the Soldier is expected to meet the basic terms of the bonus contract.  In this case, the basic terms were to serve in the bonus-eligible MOS in an MTOE unit for 6 years.  

2.  The bonus addendum he signed listed one exception allowing retention of his REB for service in another MOS:  transfer due to command-directed unit inactivation, unit reorganization, or relocation.  In 2008, he was transferred due to "inactivation, reorganization or relocation," but he continued to serve in the bonus-eligible MOS.  In 2009, he voluntarily transferred to a duty position in a non-bonus-eligible MOS.  Because this transfer was not due to command-directed unit inactivation, unit reorganization, or relocation, his bonus eligibility ended.  The advisory official indicates he may have been able to retain the bonus under the provisions of National Guard Regulation 600-7 if he became qualified in his new MOS within 2 years of transfer.  He did not do so.

3.  The evidence shows he was credited with the bonus-eligible time he had served when the amount of the REB to be recouped was established.  There is no evidence of error in the prorated portion of the REB that is now being recouped.  Therefore, there is no basis for granting the requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20140003706



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ABCMR Record of Proceedings (cont)                                         AR20140003706



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