IN THE CASE OF:
BOARD DATE: 25 August 2015
DOCKET NUMBER: AR20140021692
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 waiver of recoupment of his Army National Guard (ARNG) Prior Service Enlistment Bonus (PSEB) under the Selected Reserve Incentive Program (SRIP).
2. The applicant states in June 2012 he was moved by his unit to a military occupational specialty (MOS) position that he was not qualified for. He was aware of being moved on paper but he physically stayed in the same MOS. He was transferred to "excess pending loss (9993)" prior to his expiration term of service (ETS). The transfer was done without his knowledge by the unit administration noncommissioned officer (NCO). He further states he served all 6 years of his contract without interruption and was completely unaware his PSEB would be garnished from his civilian pay upon his discharge a year later.
3. The applicant provides:
* DA Form 4187 (Personnel Action)
* 2 memoranda
CONSIDERATION OF EVIDENCE:
1. Having prior service in the U.S. Marine Corps, on 16 May 2007, he enlisted in the ARNG for a period of 6 years. He received a $15,000 bonus with an initial payment of $7,500. The second equal amount was payable upon his 36-month anniversary of the date of enlistment. In conjunction with his enlistment in the ARNG he was awarded MOS 92G (Food Service Operations).
2. The applicant provided a DA Form 4187, dated 5 June 2012 that reassigned him from an authorized position (paragraph 103, line 08, position number YYYY, duty MOS 92S10) to an unauthorized position (paragraph 999Z, line 03, position number 9993, duty MOS 92G10). This form was signed by the unit administrative NCO.
3. On 25 June 2012, the applicant was notified by memorandum that a discrepancy was discovered with his PSEB based on being transferred to an unauthorized position (coded excess 9993) effective 5 June 2012.
4. The applicant's record contains a DA Form 4187, dated 19 September 2012, which states the applicant was involuntarily reassigned to an excess position code. The form identifies the applicant as a bonus recipient and notes that the move does not negatively affect the applicant's bonus benefits. It is also noted the move was due to removal of excess section of the unit manning report and/or due to reorganization of a new Modified Table of Organization and Equipment (MTOE). This form was signed by the unit administrative NCO.
5. On 15 May 2013, the applicant was honorably discharged from the ARNG at his ETS.
6. On 3 December 2014, the Deputy Director of Manpower and Personnel, Missouri National Guard, denied the applicant's request for an exception to policy to retain his $15,000.00 PSEB. The memorandum noted the applicant was transferred to an excess pending loss coded status without his knowledge on 5 June 2012, due to his pending ETS which violated ARNG SRIP 07-04.
7. Title 37, U.S. Code, section 308i (Special pay: PSEB) provides, in pertinent part, that a person who is a former enlisted member of an Armed Force who enlists in the Selected Reserve of the Ready Reserve of an Armed Force for a period of 3 or 6 years in a critical military skill designated for such a bonus by the Secretary concerned is eligible for a $15,000 bonus, if he or she has completed a military service obligation, but has not more than 16 years of total military service and received an honorable discharge at the conclusion of that military service obligation.
DISCUSSION AND CONCLUSIONS:
1. The available evidence shows the applicant enlisted in the ARNG for a period of 6 years in MOS 92G with entitlement to a $15,000.00 PSEB.
2. The applicant was subsequently informed that he did not qualify for this incentive because, without his knowledge, he was transferred to an excess manning position due to his impending ETS which violated ARNG SRIP 07-04.
3. Evidence clearly shows the applicant was involuntarily reassigned to an excess position code of the unit manning report and/or due to reorganization to a new MTOE by his unit administrator. This decision to remove him from his qualified PSEB position had a negative financial effect resulting in the collection of a portion of his PSEB. This is clearly an injustice. The applicant completed the required years of service and training in his contracted MOS. Due to no fault of his own, he has suffered financial hardship.
4. In view of the foregoing, the applicant's eligibility for the complete PSEB should be reinstated and all recoupment actions should cease effective 5 June 2012. Based on this injustice, he should also be reimbursed any previously recouped portions of his bonus.
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 records of the individual concerned be corrected by:
a. showing his entitlement to the PSEB was not terminated effective 5 June 2012;
b. cancelling any action to recoup his previously paid PSEB; and
c. repaying him any portion of the PSEB that may have already 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) AR20140021692
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140021692
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150002476
His records contain: a. Annex A (Enlistment/Reenlistment Agreement - ARNG - Service Requirements and Methods of Fulfillment) to DD Form 4, dated 9 April 2013, wherein, in part, he acknowledged that he had prior service, was enlisting in the ARNG unit OHARNG Camp Ravenna, unit identification code (UIC) W92FAA, he would attend BCT at Fort Leonard Wood, MO, would undergo training in MOS 92G, and, in part, he was enlisting for the SLRP and a PSEB. b. PSEB Addendum, dated 9 April 2013, wherein,...
ARMY | BCMR | CY2013 | 20130017938
The applicant provides and his records contain a PSEB Addendum, dated 5 December 2008, wherein it stated, in part: a. The G-1 official stated his PSEB contract was terminated as of 22 October 2011 when he voluntarily moved to a different MOS than the MOS he contracted for and out of an MTOE unit into a TDA unit. The evidence of record shows the applicant did contract for 6 years in MOS 11B in an MTOE unit and from 22 October 2011 to 3 November 2013, he failed to do so, even if at the time...
ARMY | BCMR | CY2014 | 20140013916
The evidence of record shows on 23 April 2008 the applicant enlisted for a PSEB in the amount of $15,000. Therefore, in the interest of equity it would be appropriate to correct the applicant's record to show he was authorized the PSEB in the amount of $15,000, that he fulfilled his contractual obligation, and reimbursing him the total amount of debt he has already paid. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the...
ARMY | BCMR | CY2014 | 20140003706
He acknowledged, in pertinent part: a. he was enlisting in an MTOE unit in a valid, vacant position; b. he was MOS qualified for the position as of the date of his reenlistment; c. the REB was to be paid in one lump-sum payment to be processed on the date of his reenlistment or extension took effect; d. if, due to unit transformation/reorganization, he became non-duty MOS qualified before his current expiration of term of service, the bonus payment would not be processed until he became duty...
ARMY | BCMR | CY2010 | 20100028917
The official stated, effective 1 April 2009, the PS enlistment bonus was no longer authorized for those who were not MOSQ at the time of enlistment. He stated the Soldier signed the enlistment bonus in good faith and had fulfilled all requirements in the contract to receive the bonus. As a result, the Board recommends that all Department of the Army and State Army National Guard records of the individual concerned be corrected to: * Show he enlisted for MOS 35M, qualified for a $15,000...
ARMY | BCMR | CY2013 | 20130018506
IN THE CASE OF: BOARD DATE: 7 January 2014 DOCKET NUMBER: AR20130018506 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests payment of his Reenlistment/Extension Bonus (REB) in the amount of $5,000.00. The evidence of record shows he enlisted in the MTARNG on 20 October 2006.
ARMY | BCMR | CY2012 | 20120003823
On 10 January 2012, by memorandum in response to his request for an exception to policy to be paid the PSEB, a National Guard Bureau (NGB) official denied the request and stated: * In accordance with the ARNG SRIP eligible applicants were offered the PSEB * He enlisted in the MOARNG as MOSQ 11B * He completed the PSEB addendum and the bonus control number were accomplished after his enlistment * NGR 600-7 (Selective Reserve Incentive Programs) requires the addendum to be completed at the...
ARMY | BCMR | CY2013 | 20130012104
c. Paragraph 7 governs the transfer orders for Soldiers who are accepted in the SWVA and nowhere does it state what the Assign/loss reason should be is accordance with the subsequent SIDPERS entry. He believes being coded an (IL) Individual Request for the SWVA process violates the intention of the policy to fill vacancies unable to be filled by the enlisted promotion policy. c. Section V (Termination): (1) paragraph 1, in part, states "Incentives will not be terminated for the following...
ARMY | BCMR | CY2013 | 20130003041
In connection with his enlistment, he completed a PSEB Addendum which states: "Upon my enlistment in the ARNG, I am eligible for a PSEB under the Selected Reserve Incentive Program (SRIP) if I meet the following criteria:" * I have completed not more than 16 years of total military service * I am qualified in and hold the primary MOS for which I am enlisting and hold the rank/grade of the required grade of the position * I am not enlisting into an excess position or a Title 10 or Title 32...
ARMY | BCMR | CY2011 | 20110012041
An NGB Form 600-7-6-R-E (Annex X to DD Form 4, PSEB Addendum - ARNGUS) (Revised 10 August 2007) shows the applicant acknowledged he was not qualified in the primary MOS for which he was enlisting, he enlisted into a Modified Table of Organization and Equipment (MTOE) unit in critical skill [MOS] 21B, and agreed to attend formal training and become qualified in his contracted MOS within 24 months of the date of enlistment. They must: enlist for at least 3 years; enlist in an MTOE unit; be...