IN THE CASE OF:	   

		BOARD DATE:	  31 July 2014

		DOCKET NUMBER:  AR20140008713 


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 cancellation of recoupment of a reenlistment extension bonus (REB).  If this request is not granted, he requests that his extension in the Montana Army National Guard (MTARNG) be voided and that he be honorably discharged.

2.  He states, in effect:

	a.  His bonus is being recouped due to a brief "unofficial" change in his military occupational specialty (MOS).  When he changed his MOS, he was not aware that the action would result in recoupment of his bonus.  He appealed to the MTARNG and the National Guard Bureau (NGB), and his appeals were denied.  

	b.  He extended his enlistment in 2011 while deployed to Iraq in support of Operation New Dawn.  He was serving in MOS 92G (Food Service Specialist) at the time.  When he returned to Montana, he looked into the possibility of working for the MTARNG full time.  He found an opening for a construction operations noncommissioned officer (NCO) and he had a Bachelor of Science degree in construction engineering and little real-life experience as a construction manager.  He thought military experience in the construction management field would make him a more attractive candidate for a civilian job, so he applied for the job.  At no time did anyone in his leadership mention the possibility of losing his bonus if he changed his MOS.  He was selected for the construction operations NCO position.  

	c.  Two months into his new military career, he received a memorandum from MTARNG Incentive Manager informing him he needed to request an exception to policy (ETP) to keep his bonus.  While awaiting a decision on the ETP, he was offered a position as a senior food service NCO.  He accepted the position, hoping that returning to his original MOS would allow him to retain his bonus.  His official MOS never changed and he did not complete training for MOS 12H (Construction Engineering Supervisor).  

	d.  From December 2012 to June 2013, he attended drills as an E-6 construction operations NCO, even though it was an E-7 position and he was promotable.  He was told he could not receive the promotion until he became MOS qualified.  Since that never happened and since he was promoted (to E-7) after he accepted his current position in MOS 92G, it is his belief that his MOS never officially changed.  

	e.  He was merely trying to make a positive and rewarding career decision.  Recoupment of his bonus is a harsh and unjust action.  If this injustice stands, he will have very little motivation to continue his lifelong goal of being an exceptional member and leader in the MTARNG.  If he is required to pay back his bonus, he asks that the whole of his contract be voided and that he be honorably discharged from the MTARNG.  

3.  He provides:

* Orders 
* Memorandum, subject:  Notification of Incentive Discrepancy and ETP Process
* DA Form 2823 (Sworn Statement)
* Memorandum, subject:  Notification of Potential Promotion Due to Vacant Position
* Memorandum, subject:  Request for ETP for REB (Applicant) 
* Memorandum, subject:  Notification of Incentive Eligibility Termination
* NGB Form 600-7-3-R-E-DSIPP (Annex R to DD Form 4 or DA Form 4836 – Reenlistment/Extension Decentralized State Incentive Pilot Program (DSIPP) Addendum – ARNG of the United States) (hereafter called REB Addendum)

CONSIDERATION OF EVIDENCE:

1.  On 4 May 2000, the applicant enlisted in the MTARNG.  After completing initial entry training, he was awarded MOS 92G.  

2.  On 20 September 2005, he extended his enlistment for 6 years and contracted for a $15,000.00 REB.  His extension established his new expiration term of service (ETS) date as 3 May 2012.

3.  Effective 24 April 2009, he was promoted to staff sergeant/E-6 in MOS 92G.  

4.  On 29 July 2011, he extended his enlistment for 6 years, changing his ETS date to 3 May 2018.  

5.  In conjunction with his extension, he signed an REB Addendum.  The REB addendum shows he confirmed he was extending for 6 years in MOS 92G to receive a total lump-sum bonus payment of $10,000.00.  He acknowledged, in part, that:

* he was obligated to serve in the same military department and in the same skill for which the bonus was approved, unless excused for the convenience of the Government
* termination from bonus entitlement would not affect his period of obligation to serve in the Ready Reserve
* his bonus eligibility would not be terminated as a result of an MOS change due to normal skill or career progression
* his bonus eligibility could be terminated with recoupment if he – 

* voluntarily transferred out of the paragraph/line number MOS for which the incentive was approved
* voluntarily transferred to a non-deploying Table of Distribution and Allowance (TDA) unit or any TDA unit not specifically authorized an incentive

* recoupment would be calculated by multiplying the number of full months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount

6.  On 7 November 2012, the Office of the Adjutant General, Joint Force Headquarters (JFH) - Montana, issued Orders 312-004 transferring him from his position as senior first cook to a position as a construction operations NCO in MOS 12H with the MTARNG Training Center effective 1 November 2012.  The orders show the reason for the assignment was his request.  




7.  He provides several documents in support of his request, including the following:

	a.  A memorandum, subject:  Notification of Incentive Discrepancy and ETP Process, dated 22 January 2013, from the Montana State Incentive Manager informed him that a discrepancy had been discovered with his REB contract that required resolution to avoid eligibility termination.  The memorandum states:

* his REB Addendum showed he contracted for MOS 92G, but on 1 November 2012, he was transferred to a non-deployable TDA unit in an MOS 12H position
* although he transferred for promotion (i.e., career progression), there were 92G positions in other units around the State
* an NGB ETP was required to avoid bonus recoupment of approximately $9,305.00

	b.  A memorandum, subject:  Notification of Potential Promotion Due to Vacant Position, dated 5 May 2013, from the Enlisted Personnel Manager, MTARNG, informed him that he had been identified as holding a top position on the enlisted promotion list and that a MOS 92G position was available.  On 3 June 2013, he signed the memorandum indicating he would accept the MOS 92G position.

	c.  A memorandum, subject:  Request for ETP for REB (Applicant), dated 12 June 2013, from Deputy G-1, ARNG, NGB, notified the Montana State Incentive Manager that the applicant's request for an ETP to retain the $10,000.00 REB was denied because he was not serving in the MOS for which he had contracted, which violated ARNG Policy Number 11-02.  

	d.  A memorandum, subject:  Notification of Incentive Eligibility Termination, dated 18 June 2013, from the G-1, MTARNG, notified the applicant that his REB contract was terminated with recoupment, effective 1 November 2012, the date he voluntarily transferred to an MOS 12H paragraph/line number.  He was notified that the recoupment amount would be $9,305.56.  

8.  On 25 June 2013, the Office of the Adjutant General, JFH - Montana, issued Orders 176-007 releasing him from the MTARNG Training Center and transferring him to the 1889th Regional Support Group effective 30 June 2013.  On the same date, the same authority issued Orders 176-008 promoting him to sergeant first class/E-7, in MOS 92G, effective 1 July 2013.  


9.  ARNG Policy Number 11-02, effective from 29 March to 30 September 2011, provided for payment of a $10,000.00 REB to Soldiers who extended their enlistments for 6 years.  The policy requires Soldiers to serve satisfactorily in the contracted MOS for the full term of the contractual agreement.  Reasons for termination of an incentive with recoupment include voluntary transfer out of the position for which the incentive was approved.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that in 2011 the applicant extended his enlistment for 6 years and agreed to serve in MOS 92G to receive a $10,000.00 REB.  He then voluntarily transferred to a position that required a different MOS.  The REB Addendum he signed clearly stated the conditions that would result in termination with recoupment.  These conditions included voluntary transfer out of the MOS for which the incentive was approved and voluntary transfer to a non-deploying TDA unit.  

2.  He contends that no one in his leadership mentioned the possibility of losing his bonus if he changed his MOS.  His leadership was not responsible for ensuring that he met the terms of his REB Addendum.  This was his responsibility alone.  

3.  The applicant should note that his REB Addendum clearly states that termination from bonus entitlement will not affect his period of obligation to serve in the Ready Reserve.  Denying relief from recoupment of his REB would not be a basis for voiding the extension of his enlistment.  

4.  The Montana State Incentive Manager properly identified the discrepancy regarding his REB and notified him of the possibility of recoupment.  NGB properly denied his request for an ETP to retain the REB based on the policy in effect at the time he extended his enlistment.  

5.  Notwithstanding the NGB decision, the record shows the applicant returned to MOS 92G.  Considering that he did return to the MOS specified in his REB Addendum, there would be no harm in correcting his record to show an ETP was approved to change the amount of his REB subject to recoupment.  Provided he continues to fulfill the terms of his REB Addendum, the amount to be recouped should be limited to an amount proportionate to the period during which he did not serve in MOS 92G, i.e., the 9-month period from 1 November 2012 through 30 June 2013.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected by showing an ETP was approved limiting recoupment of his REB to a prorated amount proportionate to the period 1 November 2012 through 30 June 2013.  

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to cancellation of recoupment of his REB and voiding extension of his enlistment in the MTARNG.  



      ___________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)                                         AR20140008713



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ABCMR Record of Proceedings (cont)                                         AR20140008713



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