IN THE CASE OF:	  

		BOARD DATE:	  5 May 2015

		DOCKET NUMBER:  AR20140013916 


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 the recoupment action pertaining to his Prior Service Enlistment Bonus (PSEB) and reimbursement of the funds already deducted. 

2.  He states his PSEB was approved through the National Guard Bureau (NGB) on 2 May 2014.  He adds funds totaling $2,304.86 were deducted from his military pay and he is requesting reimbursement of those funds and that his debt be listed as null and void.  He explains on 7 May 2008 he reenlisted in the Illinois Army National Guard (ILARNG) for 6 years in military occupational specialty (MOS) 13B (Cannon Crewmember) and received a $15,000 bonus.  He moved to Saint Peters, MO and commuted for 3 years until he could no longer commute due to family problems.  After consulting with the Missouri Inter-State Transfer Coordinator, he voluntarily transferred to a unit that was 45 minutes from his home in MOS 91D (Power-Generation Equipment Repairer).

3.  He provides:

* self-authored statement
* memorandum, subject:  Request for Exception to Policy (ETP) for PSEB (Applicant), dated 2 May 2014
* memorandum, subject:  Request for Review of ETP for ARNG PSEB (Applicant), dated 1 October 2013
* memorandum, subject:  Notification of Incentive Violation and ETP Process, dated 21 February 2013
* Orders 349-115, dated 15 December 2011
* Orders 067-379, dated 7 March 2012
* Defense Finance and Accounting Leave and Earnings Statements (LESs)
* memorandum, subject:  Administrative Action Packet Flow and Approval, dated 11 October 2013
* DA Form 214 (Certificate of Release or Discharge from Active Duty)
* enlistment/reenlistment documents
* Orders 157-193, dated 5 June 2012

CONSIDERATION OF EVIDENCE:

1.  After having prior service in the Regular Army, on 23 April 2008, he enlisted in the ILARNG for a period of 6 years.  

2.  In conjunction with this enlistment, he completed Annex X to DD Form 4 (Enlistment/Reenlistment Document) Prior Service Enlistment Bonus Addendum ARNG of the United States which shows in:

   a.  Section III (Bonus Amount and Payment), paragraphs 1, he initialed the statement of "I will receive a total bonus in the amount of $15,000 less taxes for a 6-year enlistment in a non-critical MTOE (modification table of organization and equipment) unit.  I certify that I am enlisting in a valid, vacant position (up to 125% strength) and am MOS qualified for the position as of the date of this enlistment."  He also initialed paragraph 2, "My bonus will be paid in two
50 percent (%) installments.  The initial installment of 50% ($7,500) will be processed for payment upon enlistment (if not MOS qualified, my initial payment will not be processed until I become MOS qualified).  The second and final installment of 50% ($7,500) will be processed for payment on the third-year anniversary of enlistment."
   
   b.  Section VI (Termination with Recoupment) he understood he would be terminated from bonus eligibility, with recoupment, if he "Did [sic] not become qualified in or awarded as primary the MOS required for my position within 38 months of transfer due to unit inactivation, reorganization, or relocation.  Recoupment will be calculated from the date of transfer."
   
	c.  Section VII (Statement of Understanding) he initialed this section indicating that he had read the addendum in its entirety.  He understood all of the above statements concerning his enlistment bonus.  He understood that the addendum would be voided if he did not meet all of the requirements.  No other promises had been made to him in connection with his enlistment bonus addendum.


3.  Department of Military Affairs, State of Illinois, Orders 349-115, dated           15 December 2011, transferred the applicant from the ILARNG to the MOARNG, effective 26 October 2011.  The order also shows he was transferred from duty position MOS 13B to duty position MOS 91D.

4.  Headquarters, MOARNG, Orders 157-193, dated 5 June 2012, awarded him PMOS 91D and withdrew PMOS 13B effective 14 May 2012.

5.  On 7 January 2013, the applicant was notified of an incentive violation and ETP process.  The Director, Manpower and Personnel, MOARNG stated that the applicant voluntarily transferred to skill 91D on 26 October 2011.  Per ARNG Selected Reserve incentive (STRIP) Guidance for Fiscal Year (FY) 2007, dated 10 August 2007 to 31 March 2008 (Policy Number 07-06) stated the applicant would be terminated with recoupment if he voluntarily transferred to a non-bonus skill or unit, unless the move was due to normal career progression or was required by the needs of the ARNG. 

6.  On 1 October 2013, the Director, Manpower and Personnel, MOARNG, reiterated the applicant's request for an ETP.  He explained that the applicant voluntarily transferred from his contracted 13B position to a 91D position.  He added the applicant received his entire bonus amount of $15,000.  He concluded the Education and Incentives was asking the ETP for the applicant be reviewed for relief from debt recoupment.

7.  The applicant provided numerous LESs from November 2013 to June 2014 that show he was in debt to the Government.  The original amount of debt was listed as $6,458.33 effective 7 May 2011.  As of the last LES he provided for the period 27 June 2014 he had a debt balance of $4,153,47 indicating he has repaid $2,304.86 of the debt as of the date of this LES.

8.  On 2 May 2014, the Deputy G1, NGB, approved the applicant's ETP request to retain the $15,000 PSEB.  She stated the applicant transferred to the state of Missouri due to personal hardship.  He accepted an incentive offer in good faith and has otherwise fulfilled the obligations under the contract as of the date of his request.  Therefore, withholding payment of this incentive would be against equity and good conscience and contrary to the best interest of the Army. 

9.  ARNG SRIP 07-06, in effect from 10 August 2007 to 31 March 2008 provided the criteria for the PSEB.  A $15,000 PSEB was authorized for individuals with prior service enlisting for 6 years.  Prior service enlistees who were not duty MOS qualified were required to become duty MOS qualified.  A PSEB is terminated with recoupment for a Soldier who moves to a non-bonus skill or unit, unless the move is due to normal career progression or required by the needs of the ARNG. 
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows on 23 April 2008 the applicant enlisted for a PSEB in the amount of $15,000.  During his enlistment processing, he acknowledged he understood that if he was relocated and was not assigned in the PMOS for which he contracted, recoupment would be calculated from the date of the transfer.

2.  It appears he received his first installment of $7,500 in 2008 and his second and final installment of $7,500 should have been processed on the third-year anniversary of enlistment, sometime after April 2011.  The evidence further shows he voluntarily transferred from his contracted 13B position to a 91D position due to hardship effective 26 October 2011.

3.  The evidence shows he was not notified of his debt to the Government until November 2013, over two years after he was reassigned from his contracted MOS.  At the time of notification, he had less than 5 months remaining on his contractual obligation.  The evidence further shows as of the date of his LES for the period 27 June 2014, his debt balance was listed as $4,153.47 which indicates he had paid $2,304.86 toward his debt of $6,458.33.  Further, NGB granted him an ETP to retain his $15,000 PSEB.

4.  Therefore, in the interest of equity it would be appropriate to correct the applicant's record to show he was authorized the PSEB in the amount of $15,000, that he fulfilled his contractual obligation, and reimbursing him the total amount of debt he has already paid.

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 State Army National Guard records of the individual concerned be corrected by showing:
   a.  he was authorized a $15,000.00 PSEB and he completed his contractual obligation for payment of that bonus; 
   
   b.  terminating any recoupment action being considered; and
   
   c.  reimbursing him any debt payments he has paid to the Government that flow from this correction.



      _______ _   _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)                                         AR20140013916



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ABCMR Record of Proceedings (cont)                                         AR20140013916



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