BOARD DATE:	  20 January 2015

		DOCKET NUMBER:  AR20140009720 


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 the cancellation of the recoupment action pertaining to his reenlistment bonus.

2.  The applicant states:

	a.  He hopes that after careful consideration, the Board will find he has been treated unfairly by the organization he has given his entire professional life to.

	b.  He reenlisted for a $15,000 bonus.  After back to back tours to Iraq and Afghanistan, he was selected for a Federal excepted position with the Department of the Army, G-2, Stable Shadow Program. The position was a full time position in Afghanistan working as a GS-13.

	c.  Because the position was emergency essential, his unit was faced with a decision.  They had the option to leave him in a troop program unit (TPU) status or they could have placed him in the Individual Ready Reserve (IRR). 

	d.  For the ease of not having to report his status every month as a deployed Federal civilian, his unit decided to place him in the IRR.  Before they made this move, he was not informed nor counseled that he would have to reenlist or extend for at least the length of time he would be in the IRR in order to maintain his bonus.  He was also not informed he needed to do this within 90 days of rejoining a unit.  There was a mutual understanding that the movement would only be for the period of time he was to be in Afghanistan.  Immediately after returning from Afghanistan, he moved back from IRR to TPU status and he signed a contract extension that allowed him to attend the Defense Language Institute Chinese Mandarin Basic Course. 

	e.  In September 2012, he incurred a debt of approximately $9,000.  He was instructed by his leadership to submit an exception to policy memorandum.  He was also informed that several Soldiers found themselves in the same situation and that the memorandum helped them get their bonus reinstated.  He submitted all required paperwork and he sent the memorandum up for consideration.

	f.  In February 2014, he received a reply stating his request was disapproved because he did not extend his contract within 90 days of returning from deployment.  The reply contained no information as to why he was specifically at fault, given the fact that he had absolutely no counseling telling him he had to extend within 90 days.  The bigger slap in the face was that the memorandum section, which mentions how much the Army appreciates his service, was written to a "SSG Cxxxxxx."  They could not even change the name on the disapproval template.

	g.  He has been and he continues to be a loyal noncommissioned officer in the U.S. Army Reserve (USAR).  He understands why there are policies in place for recouping bonuses from Soldiers who do not meet the obligations of their contracts but he refuses to believe that the Army would want to punish him for something he honestly did not know he had to do.  

	h.  He is willing and he prays for the opportunity to simply extend his contract in order to correct this issue.  A simple email from Army Human Resources Command (HRC) informing him of the requirement to extend would have been more than enough for him to understand he needed to take action on this issue. 

	i.  He has been deployed twice on this contract and he stands ready to deploy a third time.  He understands why there are rules in place and he begs for the chance to do the right thing.  He is currently the acting First Sergeant for             C Company, 368th Military Intelligence (MI) Battalion and he is planning to serve for 20 years in the USAR.  He refuses to believe that an organization he has given everything since 1998 would let something so unjust happen to one of its own.

	j.  The recoupment of his bonus caused a severe financial hardship.  He will continue to serve on that same contract, which has seen him deployed twice to support overseas contingency operations and one deployment to Korea in support of his unit's mission.  He believes to this point he has met his obligation and regardless of the Board's decision, he will continue to meet the obligations of his contract.
3.  The applicant provides:

* his request for exception to policy memorandum, dated 21 July 2013
* the denial memorandum pertaining to his exception to policy request, dated 10 March 2014
* Headquarters, 63rd Regional Support Command Orders Number 
10-321-00034, dated 17 November 2010
* HRC Orders Number C-02-201771, dated 3 February 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 9 April 1998.  On 30 October 2002, he was released from active duty and transferred to the USAR.  

2.  On 9 March 2008, he reenlisted in the USAR for a period of 6 years.  

3.  In connection with his reenlistment, he completed a Selected Reserve Incentive Program (SRIP) USAR Reenlistment Bonus Addendum that shows he was authorized a $15,000 bonus in accordance with the USAR SRIP List.  In the agreement he acknowledged he understood:

* he would be suspended from bonus eligibility if he entered a period of non-availability (transferred to the IRR) for a maximum period of 1 year for personal reasons or 3 years for temporary overseas residence, missionary obligations, or overseas employment obligations
* he would be terminated from bonus eligibility, with recoupment, if he failed to extend his contracted USAR term of service to compensate for a period of non-availability within 90 days of his return to a Selected Reserve unit
* recoupment is required from the effective date of transfer to the IRR

4.  On 17 November 2010, the 63rd Regional Support Command published Orders Number 10-321-00034, which transferred him to the USAR Control Group (Reinforcement) effective 16 December 2010.  These orders show the transfer was as a result of his overseas residency/employment.  

5.  On 3 February 2012, HRC published Orders Number C-02-201771, which released him from the USAR Control Group (Reinforcement) and transferred him to Company C, 368th MI Battalion effective 31 January 2012.  These orders show his expiration term of service (ETS) as 7 November 2014.

6.  His contract extension documents are not available; however, his record in the HRC Soldier Management System shows his current ETS is 7 March 2016.  

7.  In a memorandum dated 21 July 2013, the applicant's immediate commander submitted an exception to policy request to the USAR Command (USARC) G-1 requesting the reimbursement of the applicant's bonus.  The commander based his request on the fact that the applicant only moved to the IRR to accept a critical Federal civilian position with the complete understanding that he would return to active TPU status.  The commander stated that throughout the contract, the applicant has been an active participant and an exemplary performer.  He deployed in support of Operation Iraqi Freedom and Operation Enduring Freedom, in addition to his Department of Defense Intelligence Specialist position.  He has selflessly served in a multitude of capacities in combat and undoubtedly will remain and indispensable asset to the Army.

8.  On 10 March 2014, Headquarters, USARC, Fort Bragg, NC, denied the exception to policy request.  The disapproval memorandum states the applicant transferred to the IRR on 16 December 2010 for 13 months.  He returned to a TPU status on 31 January 2012.  Within 90 days of his return to a TPU status, he should have extended his contract to cover the time in the IRR.  He did not extend his contract until 23 June 2012.  For this reason, the repayment of the recouped monies is disapproved.  

9.  Army Regulation 135-7 (Incentive Programs) prescribes policies and procedures for the administration of the Army National Guard and the USAR incentive programs.  Paragraph 1-15 contains guidance on suspension of SRIP incentives and states the member will be suspended from the incentive program during authorized periods of non-availability which includes transfer to the IRR.   

10.  Army Regulation 135-7, paragraph 1-16, provides guidance on the reinstatement of SRIP incentives.  It states that reinstatement in the SRIP and resumption of subsequent incentive payments following a period of authorized non-availability is not guaranteed.  Soldiers who complete a period of non-availability and request reinstatement of eligibility for the SRIP and resumption of subsequent payments must extend their enlistment or reenlistment agreement within 30 days in order to serve out the full incentive contract period in the Selected Reserve.  A soldier who does not comply with all of the requirements will be subject to termination of SRIP with recoupment action required.  A Soldier who complies with all of the requirements will have entitlement to payments resume on the adjusted anniversary date of satisfactory creditable Selected Reserve service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant reenlisted in the USAR and he was authorized a $15,000 reenlistment bonus.  In the reenlistment agreement, he acknowledged he understood the circumstances that could result in the loss of bonus eligibility with recoupment.

2.  Evidence shows he requested a transfer to the IRR for personal reasons and that he remained in the IRR for over a year.  There is no evidence that indicates he attempted to extend his enlistment in the USAR for the time spent in the IRR within 90 days of his return to a TPU status.  Therefore, he failed to comply with the provisions of his reenlistment contract regarding reinstatement of bonus eligibility.  As a result, his bonus was correctly terminated and recoupment action directed.  

3.  Notwithstanding the foregoing and the fact that he bears some responsibility for failing to extend his term of service within 90 days of his return to a TPU status, the fact that he eventually extended his contract and the fact that he is still performing the duties for which he received the bonus should be taken into consideration.  In addition, it should also be noted that his authorized absence was in support of a Department of the Army mission in a hostile zone.  

4.  In view of the foregoing and as a matter of equity, it would be appropriate to correct the applicant's record to show he extended his reenlistment agreement within 90 days of reassignment to a TPU from the IRR.  Any bonus amount that has been recouped should be returned to him and he should be paid the remainder of his bonus in accordance with the SRIP-USAR Reenlistment Bonus Addendum he signed.  

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 records of the individual concerned be corrected by correcting his records to show that he extended his reenlistment agreement within 90 days of reassignment to a TPU from the IRR.  Any bonus amount that has been recouped should be returned to him and he should be paid the remainder of his bonus in accordance with the SRIP-USAR Reenlistment Bonus Addendum he signed.  





      ________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)                                         AR20140009720



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ABCMR Record of Proceedings (cont)                                         AR20140009720



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