IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20150001414 


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, the request for exception to policy to retain the $20,000 Non-Prior Service Enlistment Bonus (NPSEB) in the Oregon Army National Guard (ORARNG) was approved by the National Guard Bureau (NGB). 

2.  The applicant states, in effect, that he enlisted in the ORARNG for military occupational specialty (MOS) 11B (Infantryman).  Prior to departing for training, he and his wife at the time found it necessary to withdraw some money from his 401K retirement account to stay current with their expenses while he was training.  Upon his homecoming, he discovered that his entire 401K had been depleted and many of his bills, to include his vehicle loan, were delinquent.  He also learned that his wife had been having an affair and had been bringing the man around their children.  He filed for divorce and for the next 6 months was forced to share a household with his children's mother due to financial difficulties.

3.  The applicant further states that Oregon had become a toxic environment for him and his children as members of the unit were aware of the ongoing affair and had not informed him.  His ex-wife suggested that he leave the state and gave him permission to take his children with him.  So, he decided to move his children back to their home state of Idaho where most of their extended family resides so that he could serve as their primary caregiver in a more stable environment while working to improve his financial situation.



4.  When inquiring about a possible transfer from the ORARNG to the Idaho ARNG (IDARNG), he was never informed that there was a possibility of forfeiting his enlistment bonus.  Due to the lack of 11B vacancies in the area, the IDARNG suggested he reclassify to MOS 11C (Indirect Fire Infantryman), being that it was also an 11 series MOS and was in high demand.  He received the second half of his bonus in the state of Idaho shortly after he remarried and the money was a great blessing to his new family, especially during the welcoming of another child into their lives.  He made a good faith effort to fulfill the requirements of his enlistment and related bonuses with his expiration term of service (ETS) only a few months away.  In the meantime, his ex-wife destroyed his credit and amassed a significant amount of debt to which his name is tied, all without his consent.  This caused him to file for bankruptcy and created an enormous financial hardship for his family.

5.  For the last 7 years he has been rebuilding his life, credit, family, and military career.  His family has been on a strict budget while his wife finished her education, and they simply do not have the income or funds to repay the bonus.  Recoupment of his enlistment bonus would cause another great hardship on his family and set back all that he has worked so hard to rebuild.  He is proud to be a Soldier and the ARNG is a big part of his life.  He has taken the oath, reenlisted twice, and hopes to continue his career in the IDARNG.

6.  The applicant provides:

* Self-authored statement
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States)
* Annex E (NPSEB Addendum, ARNG) to DD Form 4
* DD Form 1966 (Record of Military Processing - Armed Forces of the United States)
* Interstate transfer orders
* Memorandum, subject:  Notification of Incentive Discrepancy and Exception to Policy (ETP) Process
* Memorandum, subject:  Request for ETP for NPSEB

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ORARNG for a period of 8 years on 13 October 2006.  His DD Form 4 did not list any incentives.

2.  His DD Form 1966, dated 13 October 2006, shows that he contracted for an enlistment bonus in return for 6 years of service in MOS 11B.

3.  On 13 October 2006, he completed Annex E to his DD Form 4.  The Bonus Addendum was signed by himself and an enlisting official.  It was also verified by an incentive manager and assigned a Bonus Control Number.  The applicant indicated/acknowledged he understood:

* upon his enlistment in the ARNG, he would be eligible for an enlistment bonus as indicated in the Selected Reserve Incentive Program (SRIP)
* he was enlisting in a critical skill MOS of 11B under the 6x2 or 8x0 enlistment option and he would receive a non-prior service critical skill bonus of $20,000.00 for this enlistment option
* he would receive his first payment of 50 percent when he completed training and was awarded the critical MOS
* he would receive the second installment on the 36-month anniversary of his enlistment
* his bonus would be terminated with recoupment if he voluntarily transferred to a non-critical MOS or transferred from the unit for which the bonus was awarded
* if enlisted for a critical skill he must remain in that critical skill for the first three year period
* recoupment would be calculated from the date of transfer

4.  He entered active duty for training (ADT) on 30 January 2007.  He completed training and was awarded MOS 11B as his primary MOS (PMOS).  He was honorably released from ADT on 18 May 2007.  The applicant was subsequently paid the initial 50 percent of his NPSEB.

5.  His record contains an NGB 22-5 (Addendum to DD Form 4 - Approval and Acceptance by Service Representative for Interstate Transfer in the ARNG), dated 8 April 2008, wherein the applicant acknowledged having voluntarily transferred to the IDARNG with continued membership in the ARNG for the period remaining on his current enlistment, with ETS of 12 October 2012.  This document shows his PMOS at the time was 11B and that he was being transferred to a position for which the duty MOS (DMOS) was 11C.  This document makes no mention of any action pertaining to the applicant's NPSEB as a result of this interstate transfer.

6.  Oregon Military Department, Joint Force Headquarters, Oregon National Guard, Orders 121-055, dated 30 April 2008, show the applicant was released from his unit in the ORARNG and transferred to a unit in the IDARNG to serve as an 11C/Indirect Fire Infantryman effective 8 April 2008.  The additional instructions portion of these orders shows the applicant was in receipt of an SRIP bonus and states that this transfer would not result in the termination of the bonus.
7.  On 13 March 2009, the applicant successfully completed training for MOS 11C.  Headquarters, 2d Squadron, 116th Cavalry Regiment, IDARNG, Orders 12-9, dated 27 March 2009, awarded the applicant PMOS 11C and secondary MOS (SMOS) 11B and withdrew PMOS 11B effective 14 March 2009.

8.  In 2010, upon completion of 36 months of service in the ARNG the applicant was paid the remaining 50 percent of his NPSEB.

9.  He was promoted to sergeant/E-5 on 1 February 2013.  His promotion orders show his PMOS as 11C and his SMOS as 11B.

10.  On 6 April 2013, the Incentive Manager (IM), Idaho National Guard, Joint Force Headquarters rendered a memorandum informing the applicant that a discrepancy had been discovered with his bonus incentive contract that must be resolved to avoid eligibility termination.  The applicant was advised that the IM had taken all measures possible prior to notification; however, they could not resolve the matter without the applicant's assistance.  The applicant was informed that $15,277.77 of his $20,000 was in discrepancy as a result of his voluntary transfer to a non-critical skill on 8 April 2008.  He was further advised that the IM had determined that he may be eligible for an ETP.  The IM provided guidance on requesting an ETP and advised the applicant that failure to submit an ETP request to his State IM within 45 days would result in immediate termination and/or recoupment of his incentive in accordance with legal statute.

11.  On 3 January 2014, the Deputy G1, ARNG, NGB denied the applicant's request for an ETP to retain the $20,000 NPSEB and instructed the State IM to terminate the incentive with recoupment.  NGB stated the applicant contracted for a critical skill and he voluntarily transferred out of the critical skill which violated ARNG SRIP Policy 07-01.

12.  The applicant's record contains a Personnel Qualification Record - Enlisted, prepared 4 November 2014 which shows his PMOS as 11C and his SMOS as 11B.

13.  On 12 April 2015, the applicant was honorably discharged from the ARNG and as a reserve of the Army.  His discharge orders show that at the time of his discharge, he was still a member of the same infantry unit to which he was assigned upon his transfer to the IDARNG on 8 April 2008.

14.  NGB Policy Memorandum Number 07-01, dated 10 August 2007, subject:  SRIP Guidance for Fiscal Year 2007, with updates, provides for various enlisted and officer bonus incentives.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the ORARNG on 13 October 2006 and in conjunction with his enlistment he executed a Bonus Addendum for training/serving in MOS 11B in return for a $20,000 NPSEB.

2.  Upon becoming MOS qualified as an 11B, he received the first half of his bonus.

3.  On 8 April 2008, he executed a voluntary interstate transfer to the IDARNG for duty in infantry MOS 11C.  His interstate transfer orders clearly indicate that he was entitled to a bonus at the time and that the bonus would not be terminated as a result of this transfer.  Additionally, his record is void of any evidence showing he was counseled regarding the possible termination of his NPSEB entitlement at the time of his transfer.

4.  Orders show that although 11B was withdrawn as his PMOS he also retained it as an SMOS and continued to serve in an infantry unit for the remainder of his service.

5.  Since his transfer orders clearly indicated that he would retain his NPSEB and it took 5 years for the Army to identify a discrepancy in the applicant's bonus eligibility, he had no reason to believe there was a problem prior to spending the bonus.  It is equally clear that he remained in an infantry MOS and continued to serve in the same unit for the remainder of his military service.  Therefore, he should not be penalized for mistakes committed by the people allowing  him to transfer to a different MOS without advising him about the impact that it would have on his eligibility to retain the NPSEB.

6.  At this late juncture, termination of the applicant's eligibility for the NPSEB and recoupment of any portion of the bonus would be against good conscience and not in the best interest of the United States.  In fact, recoupment of his bonus would only serve to worsen the applicant's already dire financial situation.  Therefore, the applicant should be granted full relief in this case. 


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 State Army National Guard and Department of the Army records of the individual concerned be corrected by:

	a.  showing his request for an ETP to retain eligibility for the $20,000 NPSEB was approved by the NGB; and

	b.  terminating any recoupment of his NPSEB. 



      _______ _   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)                                         AR20150001414





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ABCMR Record of Proceedings (cont)                                         AR20150001414



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