IN THE CASE OF:	

		BOARD DATE:	    21 July 2015

		DOCKET NUMBER:  AR20140018684 


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:

	a.  to retain her Reenlistment/Extension Bonus (REB), dated 18 November 2010, and cancellation of recoupment; and

b.  to retain her REB, dated 12 November 2013.

2.  She states, in effect, that on 3 July 2014 National Guard Bureau (NGB) denied her two requests for an Exception to Policy (ETP) to retain her REBs for numerous reasons to include:

* not serving under the military occupational specialty (MOS) for which contracted
* unauthorized pen and ink changes
* the contract/bonus addendum contained missing signature dates from the witnessing official
* all required eligibility statements were not initialed correctly
* the applicant enlisted/transferred into an unauthorized Table of Distribution & Allowances (TDA) position

3.  She contends the ETP decisions should be reversed because the documents should have never been uploaded into the interactive Personnel Enlisted Records Management System (iPERMS) with missing signatures, dates, or with unauthorized pen and ink changes.  The reference to unauthorized pen and ink changes refers to the highlighted areas placed there by the career counselor to annotated where she needed to sign or initial the document.  She did move to another unit in order to fill a temporary Active Duty Operational Support (ADOS) position.  The transfer order is dated 22 January 2014 and she would have fulfilled the REB contract agreement on 8 March 2014.

4.  The second ETP was denied on the basis that she was not serving in the MOS for which she contracted.  She was transferred from the 220th Military Police (MP) Company to the 89th Troop Command so that the unit could fill against her slot.  She has since received a transfer order, dated 1 October 2014, releasing her from the 89th Troop Command and reassigning her back to the 220th MP Company.

5.  The applicant provides:

* various transfer orders
* an email, dated 18 November 2010
* 2 DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment), dated 18 November 2010 and 12 November 2013
* 2 NGB Forms 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836/Reenlistment/Extension Bonus Addendum), dated 
18 November 2010 and 12 November 2013
* 2 Memorandums, subject:  Request for ETP for REB, dated 3 July 2014
* Memorandum, subject:  Request for ETP for REB, dated 21 March 2014
* Memorandum, subject: Soldier Request for ETP for REB, dated 19 May 2014
* Notification of Incentive Discrepancy and Exception to Policy, dated
21 October 2014
* Automated ETP Document
* Joint Force Headquarters (JFH) - Colorado, MFR, dated 21 October 2014, with allied document

CONSIDERATION OF EVIDENCE:

1.  On 9 March 2005, the applicant enlisted in the Colorado Army National Guard (COARNG).  After completing initial entry training, she was awarded MOS 31B (military police).

2.  On 18 November 2010, the applicant contracted for a REB.  Her REB addendum contains what appears to be a valid bonus control number and is signed and dated by the applicant.  The enlisting official signed but did not date the addendum.  She reenlisted for 3 years and established a new expiration term 


of service (ETS) date of 8 March 2014.  The applicant placed her initials at the highlighted areas on the addendum acknowledging her contract included the following conditions:

   a.  she was duty MOS qualified for the position and held the rank and grade commensurate with the vacancy she was reenlisting for;
   
   b.  she was not reenlisting or extending for an Active Guard Reserve (AGR) tour or for a technician position;

   c.  she was not serving in an AGR position;

   d.  she would serve satisfactorily for the entire period of her enlistment to include maintain medical and dental readiness;
   
   e.  she 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;
   
   f.  termination from bonus entitlement and/or any refund made by the Soldier should not affect her period of obligation to serve in the Ready Reserve;

   g.  her REB was for her first 3-year reenlistment/extension for $2,500.00, to be paid in two payments with $1,250.00 payable 1 day after her ETS; and

   h.  she was informed that her REB would be terminated with recoupment if she failed to maintain assignment in a valid, vacant position.

3.  On 12 November 2013, she extended her enlistment for 6 years as duty MOS qualified (DMOSQ) for MOS 31B and her extension established her new ETS date as 8 March 2020.

4.  Based on this reenlistment she qualified for a $10,000.00 REB.  Her REB Addendum shows that she acknowledged all items in Section VI (Termination) with her initials.  Section VI, item 1(m)(2), states that she could be terminated from REB eligibility with recoupment “if she transfers out of her current REB MOS into a Non-DMOSQ MOS.  The termination date will be her transfer order effective date.”  This addendum was signed by her and State officials on 
12 November 2013.

5.  On 22 January 2014, the Office of the Adjutant General, JFH - Colorado, issued Orders 022-030 transferring her from the position as squad leader (MOS 31B) with the 220th MP Company to the assistant operations sergeant position (MOS 00F2) with Headquarters, 89th Troop Command, effective 22 January 2014 for the purpose of accepting a Title 10 NGB Tour.

6.  On 21 March 2014, she requested an ETP to retain her REB and that she not be subject to recoupment for the initial installment because she was currently on temporary ADOS orders and her transfer orders indicated that her SRIP would not be terminated.  The applicant also stated she was willing to deploy within the current DMOSQ.  (Although not stated this request appears to pertain to her $10,000 REB, dated 12 November 2013.)

7.  On 19 May 2014, she submitted a second ETP requesting to retain her $2,500.00 REB and termination of the recoupment.

8.  On 3 July 2014, a memorandum, subject:  Request for ETP for REB (Applicant), from Deputy G-1, ARNG, NGB, notified the Colorado State Incentive Manager that the applicant's request for an ETP to retain the $2,500.00 REB was denied because: 

* she was not serving in the MOS for which she had contracted
* her contract/bonus addendum had unauthorized pen and ink changes
* her contract bonus addendum was missing signature dates from the witnessing official
* she failed to initial all require eligibility statement on the addendum 
* she was enlisted/transferred to an unauthorized TDA

9.  On the same day, a memorandum, subject:  Request for ETP for REB (Applicant), from the same organization listed above, notified the Colorado State Incentive Manager that the applicant's request for an ETP to retain the $10,000.00 REB was denied because she was not serving in the MOS for which she contracted.  Termination would be without recoupment because no payment had been made toward this incentive.

10.  On 1 October 2014, the Office of the Adjutant General, JFH - Colorado, issued Orders 274-013, transferring her from the assistant operations sergeant position (MOS 00F) with the 89th Troop Command to the assistant squad leader position (MOS 31B) with the 220th Military Police Company, effective 1 October 2014.  The purpose of the transfer was to retain her incentive.

11.  National Guard Regulation 600-7 (Selected Reserve Incentive Programs), provides that enlistment bonus contracts are valid only with a  Bonus Control Number (BCN).  The State Incentive Manager will verify accession packets as prescribed by state policy for BCNs, accuracy of enlistment contract and bonus addendum, critical skill and bonus unit eligibility, valid position vacancy, and required educational level.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that she should retain her REBs without recoupment has been carefully considered and found to have merit.

2.  The evidence of record shows that in 2010 the applicant extended her enlistment for 3 years, establishing a new ETS date of 8 March 2014.  She agreed to serve in MOS 31B to receive a $2,500.00 REB of which she only received the initial payment.  On 22 January 2014, she voluntarily transferred to a position that required a different MOS.

3.  Subsequently, the NGB terminated the applicant's $2,500.00 REB with recoupment and noted discrepancies that included missing dates, missing signatures, and unauthorized pen and ink changes.  These discrepancies are minor and were due to no fault of the applicant; however, her failure to remain in the MOS 31B is in clear violation of the terms of her contract.  As such, the NGB properly denied her request for an ETP to retain the REB based on the policy in effect at the time she extended her enlistment.  The REB Addendum she 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 an unauthorized TDA unit.

4.  Notwithstanding the NGB decision, the record shows the applicant completed over 34 months of her 36-month term of service required by the contract prior to her transfer out of the contracted MOS.  As a matter of equity it would be appropriate to terminate the recoupment of the initial payment and allow her to receive a prorated portion of the second payment proportionate to the amount of time she served in the required MOS 31B (8 March 2011 through 21 January 2014).

5.  On 12 November 2013, she contracted for a $10,000.00 REB based on a 
6-year reenlistment in the COARNG in MOS 31B; however, she transferred to a Non-DMOSQ position on 22 January 2014 and remained in this position until 
30 September 2014.  She returned to her DMOSQ position on 1 October 2014 in order to retain her REB.  Consideration is given to the fact that the applicant returned to her DMOSQ and providing that she remains in her contracted MOS for the remainder of her contract, she should be allowed to retain her REB, minus time served in the wrong MOS (22 January through 30 September 2014).

6.  The evidence shows the applicant served in an MOS for which she did not contract for during the period 22 January through 30 September 2014 while on a temporary ADOS assignment.  As such, and as long as she remains fully eligible, she should not be penalized for the administrative errors committed by ARNG State officials.  In view of the foregoing, the applicant's record should be corrected.

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 ARNG records of the individual concerned be corrected by:

	a.  showing she and all appropriate officials properly executed and signed an REB Addendum on 18 November 2010, making her entitled to payment of the bonus in accordance with the terms of her written agreement;

	b.  paying her a prorated amount of the remaining $1,250.00, less the time served in the non-contracted MOS, as the result of this correction;

	c.  prorating her $10,000 REB, dated 12 November 2013, for the period she was not serving in MOS 31B (22 January 2014 to 30 September 2014); and 

	d.  paying her the remainder of her $10,000 REB after proration, provided she is otherwise eligible.


2.  The Board further determined that 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 the payment or retention of either REB in its entirety.

       
      
      _____________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)                                         AR20140018684





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ABCMR Record of Proceedings (cont)                                         AR20140018684



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