IN THE CASE OF:	  

		BOARD DATE:	  20 November 2014

		DOCKET NUMBER:  AR20140015693 


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 first Prior Service Enlistment Bonus (PSEB) payment and payment of the second half of his PSEB.  

2.  The applicant states he was denied the second half of his PSEB while assigned to the 856th Military Police (MP) Company, due to administrative errors.  Also, the first half of his PSEB is being recouped.  He had to transfer to the Inactive National Guard (ING) for personal reasons.  After a change of unit command, he was pulled out of the ING early without his knowledge.  No paperwork was completed to properly document the situation, and a request for an exception to policy (ETP) was not completed within the timeline required by the National Guard Bureau (NGB).  He wasn't aware of the error until he initiated a transfer request to the Ohio Army National Guard (OHARNG) from the Arizona ARNG (AZARNG).

3.  The applicant states that when he was notified of the error, accompanied by a memorandum from the unit commander confirming that the error was not his fault, he followed the instructions he was given.  He filled out all necessary documents for the unit to submit an ETP request, to include a 7-month enlistment extension to satisfy his contract obligations.  The NGB denied his ETP request due to exceeding the time allowed, over which he had no control.  The error was due to the unit's administrative noncommissioned officer and the command.



4.  The applicant provides:

* memorandum, subject:  Request for ETP for PSEB [Applicant]
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* memorandum, subject:  Notification of Incentive Discrepancy and ETP Process
* memorandum, subject:  ETP in Requesting Second Incentive Payment without Recoupment…for [Applicant]
* memorandum, subject:  ETP for Requesting Grant Relief from Recoupment of Reenlistment/Extension Bonus
* DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States)
* NGB Form 21 (Annex A - DD Form 4 - Enlistment/Reenlistment Agreement - ARNG)
* PS Bonus Control Number Worksheet
* NGB Form 600-7-R-E (Annex X to DD Form 4 - PSEB Addendum - ARNG of the United States)

CONSIDERATION OF EVIDENCE:

1.  The applicant had prior service in the Regular Army and AZARNG.  

2.  On 11 August 2008, he enlisted in the AZARNG for a period of 6 years.  At that time, he completed an NGB Form 600-7-R-E confirming he was eligible for a PSEB based on his enlistment in a Modification Table of Organization and Equipment (MTOE) unit contingent upon him becoming qualified for military occupational specialty 31B (MP).  He acknowledged, in pertinent part:

	a.  he would receive a $15,000.00 bonus paid in two $7,500.00 installments with the initial installment to be processed for payment upon enlistment and the second installment to be processed on the third-year anniversary of his enlistment; 

	b.  he would be suspended from bonus eligibility if he was placed in the ING (maximum 1 year for personal reasons and 3 years for missionary obligations); and 

	c.  he would be terminated from bonus eligibility with recoupment if he failed to extend his enlistment for the time served in the ING within 30 days after returning to his unit with recoupment calculated from the effective date of transfer to the ING.  

3.  On 21 June 2011, Joint Force Headquarters - Arizona, issued Orders 172-608 transferring him to the ING for a 12-month period effective 1 May 2011.  

4.  On 17 November 2011, the same headquarters issued Orders 321-643 releasing him from the ING and transferring him to the 856th MP Company effective 9 November 2011.  

5.  On 29 April 2013, he extended his enlistment for 7 months.  

6.  Effective 13 May 2013, he was transferred to an MP unit in the OHARNG.  

7.  He provides the following:

	a.  A memorandum, subject:  Notification of Incentive Discrepancy and ETP Process, dated 16 January 2013, shows he was advised that a discrepancy had been discovered with his bonus contract.  The memorandum noted that he had received his first $7,500.00 payment.  His second payment was due on 11 August 2011, but it was not paid because, in effect, he was in the ING and he had not extended his enlistment for time served in the ING.  He was advised that he could submit a request for an ETP to the State Incentive Manager within 45 days.  He signed the memorandum on 22 April 2013, and he indicated he would submit an ETP request.  

	b.  A memorandum, subject:  ETP for Requesting Grant Relief from Recoupment of Reenlistment/Extension Bonus, dated 22 April 2013, shows he requested an ETP relieving him from recoupment of his PSEB.  He stated the first PSEB installment was paid on 5 April 2009 after he had become MOS qualified, and the second installment was to be paid on 11 August 2011.  He stated he was placed in the ING for personal reasons and he understood he needed to extend his enlistment to satisfy the requirements to be eligible to receive the second bonus installment.  

	c.  A memorandum, subject:  ETP in Requesting Second Incentive Payment without Recoupment…for [Applicant], dated 25 April 2013, shows his company commander supported his request for an ETP allowing him to retain his PSEB and receive the second installment upon extension of his enlistment for the time served in the ING.  

	d.  A memorandum, subject:  Request for ETP for PSEB [Applicant], dated 22 May 2014, shows the Deputy G-1, ARNG, NGB, denied the applicant's ETP request and directed that the State Incentive Manager terminate his PSEB with recoupment.  The Deputy G-1 listed two violations of ARNG Selected Reserve Incentive Policy (SRIP) 07-06 as the basis for denial:  
* he had failed to extend for the period of non-availability within the required timeframe upon returning to an active status from the ING
* his NGB Form 600-7-R-E was obsolete  

8.  ARNG SRIP 07-06, in effect from 10 August 2007 to 30 September 2009, provided the criteria for the PSEB.  

	a.  A $15,000.00 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 within 24 months.  The 6-year PSEB was to be paid in three installments:  50 percent (%) upon completion of MOS training, 20% on the 3-year anniversary of enlistment, and 30% on the 
6-year anniversary of enlistment.  

	b.  A Soldier's PSEB eligibility is suspended if the Soldier is placed in the ING (maximum 1 year for personal reasons and 3 years for missionary obligations).  A PSEB is terminated with recoupment for failure to return to active status within the approved time period for non-availability or for failure to extend and enlistment to cover the period of time served in an inactive status within 90 days of return to active status.  Termination will be effective the date the Soldier was ordered to the ING. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an ETP allowing him to retain the PSEB was denied for two reasons:  he did not extend for time served in the ING in a timely manner and he signed an obsolete version of NGB Form 600-7-R-E.  

2.  It is unreasonable to deny a request based on a Soldier having signed an incorrect form.  A Soldier cannot be expected to know whether or not a form given to him by a recruiter is current.  Further, the basic PSEB requirements listed on the form he signed are essentially the same as those stated in ARNG SRIP 07-06.  The only apparent difference is in the payment schedule.  

3.  He bears some responsibility for failing to extend his enlistment within 90 days of his return to an active status from the ING.  Notwithstanding that fact, the record shows his chain of command supported his ETP request and indicated he may not have been entirely at fault for not extending in a timely manner.  In addition, it appears he is still performing the duties for which he received the bonus.  Because there is some indication that an administrative error may have played a part in delaying extension of his enlistment, the fact that he eventually did so should be given additional weight in this case.  

4.  In view of the foregoing, it would be appropriate to correct the applicant's record to show an ETP was approved allowing him to retain the PSEB.  Any PSEB amount that has been recouped should be returned to him, and he should be paid the remainder of his PSEB in accordance with the NGB Form 600-7-R-E 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 and State Army National Guard records of the individual concerned be corrected by showing an ETP was approved allowing him to retain the PSEB.  Any PSEB amount that has been recouped should be returned to him, and he should be paid the remainder of his PSEB out of ARNG funds in accordance with the NGB Form 600-7-R-E 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)                                         AR20140015693





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ABCMR Record of Proceedings (cont)                                         AR20140015693



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