IN THE CASE OF:	  

		BOARD DATE:	  16 June 2015

		DOCKET NUMBER:  AR20140016383 


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 a Reenlistment/Extension Bonus (REB) recoupment action and reinstatement of his bonus. 

2.  He states he needed to reenlist for the time he was in the Inactive National Guard (ING) within 30 days of returning to active status.  However, due to some problems with his reenlistment paperwork, he did not find out until he was outside of the 30-day reenlistment window.  He filed an exception to policy (ETP) and it was denied in October 2012.  In June 2014, he found out that his reenlistment paperwork was rejected again.  Since he was not notified in a timely manner of the issues concerning the rejection of his reenlistment paperwork, he has been unjustly subjected to bonus recoupment.

3.  He provides:

* Self-authored statement
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment)
* Memorandum, subject:  Request for ETP for REB, [Applicant], dated 
5 September 2012
* Memorandum, subject:  Notification of Incentive Discrepancy and ETP Process, dated 25 June 2012
* Email




CONSIDERATION OF EVIDENCE:

1.  On 14 September 2002, the applicant enlisted in the Missouri Army National Guard (MOARNG) for a period of 8 years.  He agreed to serve as a unit member for 6 years and in the Individual Ready Reserve or the ING for the remaining 2 years.

2.  A National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) REB Addendum - ARNG) shows on 10 August 2008, he extended in the ARNG for a period of 6 years and an REB in the amount of $15,000 under the Selected Reserve Incentive Program (SRIP).  The REB was to be paid in one lump sum and would be processed on the date his reenlistment or extension took effect (i.e., the date he completed his 6-year unit service obligation).  His NGB Form 600-7-3-R-E states in:

   a.  Section IV (Suspension), "I understand I will be suspended from bonus eligibility if I enter a period of non-availability (placement in the ING)."  The maximum periods of non-availability are 1 year for personal reasons and/or
3 years for missionary obligations.

	b.  Section V (Termination without Recoupment), "I understand I will be terminated from bonus eligibility without recoupment if I accept a commission as an officer or appointment as a warrant officer after serving more than one year of this Selected Reserve incentive contract term."

   c.  Section VI (Termination with Recoupment), "I understand I will be terminated from bonus eligibility with recoupment if I:

* Fail to extend my enlistment for time served in the ING within 30 days after return to my unit; recoupment is required from the effective date of transfer to the ING
* Exceed the maximum time in the ING; recoupment is required from the date of transfer into the ING"

3.  A DA Form 4836, dated 10 August 2008, also shows his expiration term of service (ETS) date was established as 13 September 2014.

4.  The applicant's record is void of any orders transferring him to the ING.  However, a Memorandum for Record, subject:  Non-Evaluated Time of Noncommissioned Officer Evaluation Report for [Applicant], dated 22 March 2011, stated that he was assigned to the ING during the period 31 December 2009 through 29 December 2010.

5.  Orders 004-077, dated 4 January 2011, show he was released from the ING and transferred to Headquarters and Headquarters Company, Combat Aviation Brigade, effective 29 December 2010.

6.  A DA Form 4836, dated 4 January 2011, shows the applicant requested a 
1-year extension in the ARNG with a new ETS date of 13 September 2015.  His commander signed the form as the certification officer.

7.  On 25 June 2012, he was notified of a discrepancy with his REB contract in the amount of $11,875.  The discrepancy was based on his failure to extend within 30 days of returning to active status from the year he was in an ING status. He was informed that if he intended to submit an ETP to the State Incentive Manager (IM), he had until 4 August 2012 to submit his request.

8.  In a memorandum, dated 5 September 2012, the applicant's ETP request to retain the retain $15,000 REB he was offered at the time of his extension was denied.  The memorandum stated the State IM would terminate the incentive with recoupment.  It further stated that the applicant failed to extend the contracted term of service for the period he was in the ING within the required time frame and he had yet to extend.  

9.  On 5 September 2014, he was discharged from the MOARNG to accept an appointment as a Reserve commissioned officer which he accepted the following day.

10.  During the processing of this case, a staff member of this Board contacted the Enlisted Incentive Program Manager, Personnel Programs Resource and Manpower Division.  The official stated that the applicant's DA Form 4836 was not uploaded into his interactive Personnel Electronic Records Management System (iPERMS) record until 18 October 2012, over a month after his ETP was denied and 18 months after his extension.  Therefore, his request to retain his incentive should be approved.

11.  ARNG SRIP Guidance Policy Number 07-06 establishes policies pertaining to the administration of ARNG incentives.  Paragraph 5 (Termination with Recoupment) states that if entitlement to an incentive is terminated for any reason before fulfillment of the service described in the member's written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the terminating date.  Unless granted relief, the member must refund a prorated amount to the Government, if such termination results from, in pertinent part, separation from the ARNG for any reason (including enlistment or voluntary order to active duty in the active forces).

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant extended for an REB in the amount of $15,000 for 6 years on 10 August 2008, thereby establishing an ETS date of 13 September 2014.  However, on 31 December 2009, he was transferred to the ING and he remained in that status until 29 December 2010 (approximately 1 year).  

2.  The evidence of record further shows on 4 January 2011, he extended his enlistment of 13 September 2014 for 1 year establishing a new ETS date of 
1 September 2015.  However, his DA Form 4836 was not uploaded into iPERMS until 18 months after his extension.  

3.  On 5 September 2014, he was discharged from the MOARNG to accept a commission as an officer which was accomplished the following day.  In accordance with Section V of his NGB Form 600-7-3-R-E, he signed his contract with the understanding that he would be terminated from bonus eligibility without recoupment if he accepted a commission as an officer after serving more than 
1 year of his Selected Reserve incentive contract term.

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 was fully entitled to receive the REB he contracted for.

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:

   a.  showing an ETP to retain his REB was approved in a timely manner;
   
   b.  terminating the recoupment action of his REB; and
   
   c.  returning to him any amount of his REB that has been recouped.



      _______ _   _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)                                         AR20140016383



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ABCMR Record of Proceedings (cont)                                         AR20140016383



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