IN THE CASE OF:	  

		BOARD DATE:	  23 June 2015

		DOCKET NUMBER:  AR20140018974 


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 action to recoup his non-prior service enlistment bonus (NPSEB) for his Pennsylvania Army National Guard (PAARNG) service be stopped. 

2.  The applicant states, in effect:

	a.  When he enlisted in the PAARNG in March 2009, there were no bonuses for critical military occupational specialties (MOS) except MOS 11B (Infantryman).  He wanted a full time technician job so he selected MOS 15U (CH-47 Helicopter Repairer).  At that point he was told he could receive quick ship and off peak advanced individual training (AIT) bonuses of $5,000 each for a total of $10,000.  After completing basic training and AIT, he returned to his unit and worked on AFTP (Additional Flying Training Period) orders until he was hired as a temporary technician.  

	b.  The State finally decided it could not afford people.  He and 5 others were released.  At that point he decided he wanted to do something with his military career that afforded advancement and deployment opportunities.  He transferred to Headquarters and Headquarters Company (HHC), 2nd Battalion, 112th Infantry Regiment to become a medic and he was promoted to E-4.  After completing the course at the end of annual training, he was promoted to sergeant (SGT)/E-5.  


	c.  He has received many awards with this unit and has volunteered for many courses such as "EOL, RTA, CPOF," etc.  He is a liaison for the critical incident command.  He is confused about how he went from a non-critical MOS with virtually no room for advancement or promotion to a very critical MOS and growing in leaps and bounds and is being told he would lose a bonus for quick ship and off peak AIT.

3.  The applicant provides:

* NGB denial of exception to policy
* Exception to policy with chain of command recommendations
* DD Form 4 (Enlistment/Reenlistment Agreement)
* Annex E to DD Form 4 (Non-Prior Service Enlistment Bonus Addendum, ARNG)

CONSIDERATION OF EVIDENCE:

1.  On 11 March 2009, the applicant enlisted in the PAARNG for training in MOS 15U and assignment to Company B, 628th Support Battalion.  In connection with this enlistment, he completed several forms as follows: 

	a.  DD Form 1966 (Record of Military Processing) that shows he enlisted for the non-critical skill valid vacancy with an off peak and quick ship bonus.  

	b.  Guard Annex, wherein he indicated he enlisted for a 6-year or 8-year troop program unit, the ARNG College First Program, and he would undergo training in MOS 15U.  

	c.  Annex E, wherein he indicated he was enlisting in the ARNG for 6 years and would serve in Unit Identification Code (UIC) WPJNBD, MOS 15U, under the 6x2 enlistment option and he was eligible for an off peak ($5,000) or a quick ship ($5,000) bonus that may be combined in order to receive the full $10,000.  He agreed that he would receive the full $10,000 if he shipped on 27 March 2009.  He further indicated he understood his bonus would be terminated with recoupment in the event:

* he voluntarily transfers out of the critical skill or critical UIC he contracted for
* he failed to maintain assignment in a valid, vacant position within authorized over-strength
* he voluntarily transfers to a non-deploying unit or a unit not specifically authorized the bonus 

2.  Annex E was signed by the applicant, an enlisting official, and a service representative.  It was also assigned a Bonus Control Number. 

3.  He entered active duty for training (ADT) on 27 March 2009 (his ship date) and he successfully attended and completed training for MOS 15U.  He was honorably released from ADT to the control of his State ARNG unit on 
28 October 2009. 

4.  On 28 June 2010, while still a member of the 628th Support Battalion, he executed a 1-year extension of his enlistment in the PAARNG.  

5.  On 22 September 2010, PAARNG published Orders 265-001 reassigning him from the 628th Support Battalion to the position of 11B, HHC, 2nd Battalion, 112th Infantry Regiment effective 12 July 2010.

6.  On 1 October 2010, the Commander, HHC, 2nd Battalion, 112th Infantry Regiment, published orders advancing him to E-4, effective 1 October 2010, in MOS 11B. 

7.  His records contain a DA Form 1059 (Service School Academic Evaluation Report) that shows he attended Phase I of the MOS 68W (Healthcare Specialist) Course from 6 February to 4 March 2011. 

8.  On 22 April 2011, the PAARNG published Orders 112-1000 awarding him primary MOS 68W, effective 21 April 2011. 

9.  On 12 June 2011, the PAARNG published Orders 164-1035 advancing him to SGT/E-5 in MOS 68W, effective 5 June 2012, while a member of HHC, 2nd Battalion, 112th Infantry Regiment.

10.  It appears he requested as an exception to policy that no recoupment action be associated with his incentive termination.  However, on 19 July 2013, his request was denied by the National Guard Bureau (NGB).  An NGB official stated the applicant's request for an exception to policy to retain the NPSEB was denied due to discrepancies.  The applicant was not serving in the MOS for which he contracted.  This violated the Selected Reserve Incentive Program ((SRIP) guidance for Fiscal Year 2007, 2008, 2009 (10 August 2007 to 30 September 2009), Policy Number 07-06 with updates.  Additionally, the applicant's contracted skill option and MOS could not be validated as authorized critical skills which also violated the ARNG SRIP.  The State Incentives Manager would terminate the incentive with recoupment. 

11.  On 23 September 2014, the PA State Incentives Manager notified the applicant that his exception to policy determination required a termination of his incentive with recoupment.  The recoupment amount is $7,000.

12.  NGB Policy Memorandum Number 07-06, dated 10 August 2007, subject:  SRIP Guidance for Fiscal Year 2007, 10 August 2007 to 31 March 2008, with updates, through 30 September 2009 and 15 June 2010, provides for various enlisted and officer bonus incentives. 

13.  Army Regulation 135-7 (Incentive Programs) establishes a single reference for incentives authorized within the ARNG and U.S. Army Reserve.  Paragraph 
1-7 states that Selected Reserve incentives will be offered in designated units and selected skills only when a valid position vacancy exists and the specialty is designated as a critical specialty by the Department of the Army. 

14.  Department of Defense Instruction 1205.21 (Reserve Component Incentives Program Procedures) states the PSEB is authorized and is offered to eligible members with the execution of an agreement.  Paragraph 6.8 (Termination and Recoupment).  If entitlement to an incentive is terminated for any reason before the 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 termination date.  Unless granted relief, as covered in paragraphs 6.6. and 6.7., the member must refund a prorated amount to the Government, if such termination is for any of selected reasons (none applies to the applicant).  Termination with recoupment is applicable when the member moves to a non-bonus skill or unit, unless the move is required by the Reserve component.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the PAARNG on 11 March 2009 under the 6x2 option.  He agreed to quick-ship on 27 March 2009, attend off-peak AIT, train in MOS 15U, and serve with the 628th Support Battalion.  He agreed to serve for 
6 years in the MOS and unit.   

2.  His bonus addendum stipulated that his bonus would be terminated with recoupment in the event he moved to a non-bonus skill or unit, unless the move was required by the Reserve component.  He moved to another unit (HHC, 2nd Battalion, 112th Infantry) on 12 July 2010 and initially served/was promoted in MOS 11B and then he attended training for and was awarded MOS 68W.  

3.  By moving to another unit and not working in the MOS he contracted for, the applicant breached his contract.  By doing so, the applicant essentially indicated he had no intention of serving his 6-year contractual agreement in the MOS and unit he contracted for.  As a result, he was no longer authorized or entitled to the incentive.  He did not fulfill the contractual obligation he agreed to.  As a result, he became subject to recoupment. 

4.  It appears the NGB and State correctly terminated the incentive with recoupment.  The applicant has not provided the evidence to support his contention that such action by the State or the NGB is in error.  Regrettably, the applicant is not entitled to the requested relief. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ___X_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.



      _______ _   __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)                                         AR20140018974



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ABCMR Record of Proceedings (cont)                                         AR20140018974



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