BOARD DATE:	  17 March 2015

		DOCKET NUMBER:  AR20140021126 


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 relief from recoupment of his $15,000 reenlistment bonus (EB).

2.  The applicant states when he requested transfer to the Individual Ready Reserve (IRR) to take a job overseas in support of Operation Enduring Freedom he was never informed upon approval that he would need to extend within 
90 days of his return or face repercussions.  He submitted an exception to policy (ETP) letter through his former unit due to having not extended his U.S. Army Reserve (USAR) contract within 90 days of his return from the IRR to a troop program unit (TPU).  Upon being approved to return from the IRR to a TPU he was told by the former career counselor that all steps were complete and his request was approved.  He extended his enlistment upon submittal of the ETP paperwork for 22 months to meet the contract requirements of the EB.

3.  The applicant provides:

* his orders, dated 28 August 2010, for assignment to the Standby Reserve (Active Status List)
* his orders, dated 20 July 2012, for assignment to a TPU
* his ETP request packet, dated 8 April 2014
* DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 
3 June 2014
* a letter, dated 8 June 2014, from Headquarters, 80th Training Command, North Chesterfield, VA to the Deputy Chief of Staff, G1, United States Army Reserve Command (USARC)
* his letter, dated 11 June 2014, to USARC, G1
* a letter, dated 7 November 2014, from Headquarters, USARC

CONSIDERATION OF EVIDENCE:

1.  He previously had 7 years and 10 months active military service in the 
U.S. Marine Corps.  On 2 April 2008, he enlisted in the USAR for 1 year.  His expiration of term of service (ETS) was 1 April 2009.

2.  On 9 July 2008, he reenlisted in the USAR in military occupational specialty (MOS) 35F (Intelligence Analyst) for a lump sum $15,000 EB.  The effective date of his reenlistment was 1 day following his current ETS date of 1 April 2009 making the effective date of reenlistment 2 April 2009.  Bonus payments were to begin on the execution date.  His new ETS was 1 April 2015.  On 9 July 2008, he completed and signed a Selected Reserve Incentive Program - USAR Reenlistment Bonus Addendum. 

	a.  Section VII - Suspension stated he could be suspended from the incentive program for a 3 year period (or less) of non-availability upon approval for temporary overseas residence, missionary obligation, or overseas employment obligation.

	b.  Section VIII - Termination stated his entitlement would be terminated if he failed to extend his USAR contract term of service to compensate for a period of non-availability with 90 days after return to a Selective Reserve (SELRES) unit.  Recoupment is required from the effective date of transfer to the IRR.

	c.  Section VIII stated recoupment action would not be exercised upon acceptance of appointment as a commissioned officer or warrant officer after having served more than 1 year in a SELRES unit under the agreement for which contracting.

3.  Headquarters, 88th Regional Support Command, Fort McCoy, IL Orders 10-240-00002, dated 28 August 2010, transferred the applicant, effective 
27 September 2010, to the Standby Reserve (Active Status List) by reason of overseas residency/employment.

4.  U.S. Army Human Resources Command (HRC) Orders C-07-210668, dated 
20 July 2012, transferred him, effective 12 July 2012, from the USAR Control Group (Reinforcement) to 5th Battalion, 104th Regiment (Military Intelligence), Building 51001, Sierra Vista, AZ.

5.  On 8 April 2014, the applicant submitted a memorandum to the Commander, USARC to request an ETP to maintain his EB from his current enlistment.  He stated he had received a lump sum bonus payment for a 6-year enlistment.  During his enlistment he transferred to the Standby Reserve (Active Status) list on 28 August 2010 for a contract as a counterintelligence support specialist in Iraq and Afghanistan.  He requested and was granted reinstatement into the SELRES in the 5th Battalion, 104th Regiment (Military Intelligence) on 20 July 2012.  Based on the period he spent in the Standby Reserve, he was required to extend his enlistment for 22 months.  This extension was to be completed within a 90-day period of his returning to a drilling status.  A recoupment has been presented now that he is attempting to reenlist indefinitely.  A recoupment will present a hardship on him and his family and could also affect his clearance and MOS.  This could subsequently affect his civilian job as well.  He requested to reenlist for an indefinite period or extend as soon as possible to fulfill the requirement that should have been completed 2 years ago.

6.  On 8 April 2014, the applicant's unit commander recommended approval of his ETP.  He stated that the applicant's extension was supposed to be performed within 90 days of his reinstatement to a TPU status.  He was not aware of the requirement and assumed that all required paperwork was performed prior to him being accepted back in a TPU status.  A recoupment would present a hardship on the Soldier and his family and as a result could directly affect his clearance, MOS, and civilian job.

7.  A DA Form 4836, dated 3 June 2014, extended the applicant's enlistment, dated 9 July 2008, of 6 years for 22 months.  His previous ETS was 1 April 2015. This 22 month extension extended his ETS to 1 February 2017.

8.  On 8 June 2014, the Commanding General, Headquarters, 80th Training Command recommended approval of an ETP in the applicant's case.  MG WG stated the applicant was transferred to the Standby Reserve (Active Status) on 27 September 2010 for overseas residence/employment in order to take a civilian contractor position.  He returned to a SELRES unit on 12 July 2012.  It was MG WG's impression that upon return a 22 month extension was completed as required based on the applicant's memorandum and an email, dated 4 April 2014, from Ms. WV, USAR pay technician.  Ms. WV stated the pay system showed the applicant's ETS had been extended, but she couldn't find a DA Form 4836 in iPERMS (integrated Personnel Electronic Records Management System).  She stated she was going to process the bonus termination recoupment and the debt would be automatically be suspended for 60 days.

9.  On 11 June 2014, the applicant submitted a memorandum to the Commander USARC, G1 for an ETP to continue receiving his bonus payments.  The applicant states he received a lump sum EB for a 6 year enlistment.  He transferred to the Standby Reserve (Active Status) list on 28 August 2010 for a contract as a counterintelligence support specialist in Iraq and Afghanistan.  He requested reinstatement into a TPU and he was reinstated on 20 July 2012.  He was required by USAR policy to extend his enlistment 22 months within 90 days of his return to the TPU.  He was unaware of the requirement and assumed all paperwork was completed that allowed him back into a TPU.

10.  A memorandum, dated 7 November 2014, from USARC disapproved his request for an ETP.  After reenlisting on 9 July 2008 for a 6-year RB, the applicant transferred to the Standby Reserve for the period 27 September 2010 to 12 July 2012 to accept an overseas contractor position.  In accordance with Army Regulation 601-210 (Active and Reserve Components Enlistment Program), paragraph 10-7(a)(3), he was required to extend his obligation within 90 days of returning from the authorized non-availability period.  He failed to meet this requirement; he did not extend until 23 June 2014.

11.  On 13 November 2014, the applicant was appointed a Reserve warrant officer in the grade of warrant officer one.

12.  Paragraph 10-7(a)(3) of Army Regulation 601-210 states reinstatement and resumption of subsequent incentive payments following a period of authorized non-availability is not guaranteed.  Soldiers who complete a period of non-availability and request reinstatement of eligibility for incentives and resumption of subsequent payments must extend their contract, enlistment, or reenlistment agreement, within 90 days after completing the period of non-availability, in order to serve out the full incentive contract period in the SELRES.  This is provided the unit reenlistment officials have access to the Soldier’s personnel records and are able to verify the Soldier’s eligibility to extend.

DISCUSSION AND CONCLUSIONS:

1.  His bonus addendum and Army Regulation 601-210 are clear that he was required to extend his enlistment within 90 days of his return to an active status on 20 July 2012.  He contends he was not counseled concerning this requirement prior to his transfer to the Standby Reserve or after his return to the SELRES.

2.  The pay system showed his ETS had been extended.  The recoupment action was not initiated until 4 April 2014, 17 months after he was required to extend his enlistment.  Therefore, it appears all concerned, including the applicant, were unaware there was an issue with his ETS.

3.  On 6 June 2014, he extended his enlistment for the required 22 months.  It is reasonable to conclude that if he had been aware of the extension requirement in July 2012 he would have executed the extension at that time.

4.  His unit commander and MG WG recommended the applicant be allowed to retain his EB.

5.  Notwithstanding the recommendation by USARC, in view of the above, it would in the interest of good conscience to correct his DA Form 4836 to show he extended his enlistment on a date within 90 days of his return to the SELRES.  Based on this correction, he retains his eligibility for his EB and any monies already recouped should be returned to the applicant.

6.  He served more than 1 year in a SELRES unit under the agreement for which he received his EB.  Therefore, recoupment action would not be exercised upon his acceptance of an appointment as a warrant officer.

BOARD VOTE:

___X_____  __X______  __X__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 records of the individual concerned be corrected by changing his DA Form 4836 to show he extended his enlistment for 22 months on 1 August 2012. 









2.  Based on the above correction, any monies recouped from the applicant should be reimbursed to him.



      __________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)                                         AR20140021126



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ABCMR Record of Proceedings (cont)                                         AR20140021126



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