IN THE CASE OF:
BOARD DATE: 19 March 2015
DOCKET NUMBER: AR20150002718
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 that he be granted an exception to policy to retain his reenlistment extension bonus (REB).
2. The applicant states, in effect, that while on his second deployment to Iraq in 2008 he reenlisted for a period of 6 years and a $15,000 REB. He goes on to state that he entered into the Inactive National Guard (ING) in 2009 to accept employment in Iraq and remained in the ING for almost 2 years. He continues by stating that 1 week after returning to active status he volunteered and left for Iraq in 2012. However, in 2013, a letter was sent to him telling him that he had to extend for a period of 2 years. Unfortunately, he never received the letter and recoupment proceedings have been initiated. He also states that he extended his enlistment for 6 months in 2011 and in 2014 he extended for a period of 6 years which is more than enough to satisfy his service requirement.
3. The applicant provides copies of his request for an exception to policy, his leave and earnings statement, and his REB Addendum.
CONSIDERATION OF EVIDENCE:
1. After serving on active duty in the Marine Corps from 12 November 1986 to 8 August 1989, the applicant was granted a waiver and enlisted in the Kentucky Army National Guard (KYARNG) on 12 April 2004. He completed his training as a military policeman and has remained in the KYARNG through continuous extensions. He was promoted to the pay grade of E-6 on 1 December 2007.
2. On 14 September 2008, while deployed on his second tour in Iraq, he reenlisted for a period of 6 years and a $15,000 REB. His REB addendum stated in Section IV, that his bonus eligibility would be suspended if he entered into the ING and that maximum periods of non-availability were 1 year for personal reasons and 3 years for missionary obligations. Additionally, it stated that he had 30 days after returning to his unit to extend his enlistment to make up the time spent in the ING.
3. The applicant went into the ING on 31 July 2009 due to overseas employment and remained in the ING until 30 April 2011 when he returned to an active status. He was ordered to active duty on 1 June 2011 and extended his enlistment for a period of 6 months on 20 July 2011. He deployed to Kuwait/Iraq during the period 20110807 20111028 for his third deployment. He was honorably released from active duty on 27 November 2011.
4. Meanwhile, in August 2013, he submitted a request for an exception to policy to retain his REB and on 31 July 2014, the National Guard Bureau (NGB) denied his request.
5. On 23 November 2014, the applicant extended his enlistment for a period of 6 years which takes his enlistment to 13 October 2021.
6. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for the remission or cancellation of indebtedness. It provides that the objective of remission or cancellation is to remit or cancel debts that are considered unjust.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his debt should be cancelled/remitted because he was unaware that being in the ING for more than 1 year would result in recoupment has been noted and that he has since extended his enlistment for more than enough time to meet the REB service requirements has been noted and appears to have merit.
2. The applicant was informed at the time of his enlistment that his bonus would be recouped if he exceeded the maximum of 1 year in the ING unless he took steps to extend his service to complete the entire incentive contract. Additionally, it stated that he had 30 days after returning to his unit to extend his enlistment to make up the time spent in the ING.
3. However, it is noted that the applicant was transferred to the ING in order to accept employment in Iraq after having served two tours there and immediately after returning to an active status, he was deployed to Iraq for a third tour.
4. Additionally, he subsequently extended his enlistment for a period of 6 years and 6 months, which is indicative of his intentions to meet his obligations and is more than sufficient service to make up for his time in the ING.
5. Therefore, given the extenuating circumstances in his case and his demonstrated support of the Global War on Terrorism, the failure of the applicant to extend his enlistment within 30 days of retuning to an active status should be forgiven and he should be granted an exception to policy and be allowed to retain his REB.
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 and Army National Guard records of the individual concerned be corrected by showing that he is granted an exception to policy, that he is qualified to retain his REB, and that any funds collected be returned 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) AR20150002718
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