AR20150009730

IN THE CASE OF:

BOARD DATE: 5 April 2016

DOCKET NUMBER: AR20150009730

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, payment of her reenlistment bonus (REB) for her reenlistment in the Minnesota Army National Guard (MNARNG).

2. The applicant states that after being told she would not be receiving her REB, she received notification from the National Guard Bureau (NGB) indicating that withholding the bonus is against equity and good conscience.

3. The applicant provides:

* MNARNG Notification of Discrepancy and Exception to Policy (ETP) Process, dated 6February 2014
* ETP request with her commander’s and MNARNG J-1’s endorsements
* NGB’s first ETP approval memorandum
* NGB’s second ETP review and disapproval memorandum
* DAForm4856 (Developmental Counseling Form)
* DDForm4 (Enlistment/Reenlistment Document)
* AnnexR to DDForm4 (REB Addendum)
* Delegation of Signature Authority

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the MNARNG on 30August 2007. She was trained in and held military occupational specialty (MOS) 92Y (Unit Supply Specialist). She extended her enlistment obligation by 1year and 1month on 4May 2012.

2. She entered full-time National Guard duty on 2March 2010. She was honorably released from active duty on 31October 2012.

3. On 30September 2013, she executed a 6-year extension in the ARNG. In connection with this extension, she executed AnnexR to DDForm4 (REB Addendum). She, a service representative, and a witnessing official signed the addendum on 30September 2013.

4. In the addendum, which was assigned a bonus control number, the applicant acknowledged that:

* she was reenlisting/extending duty MOS qualified (DMOSQ) in an MOS within a modified table of equipment or medical table of distribution and allowances unit only unless she was non-DMOSQ due to unit transition (deployment, reorganization, inactivation, transformation, or relocation)
* she was not DMOSQ and must become DMOSQ within 24months from the contract starting date
* she is reenlisting/extending DMOSQ in MOS12N (Horizontal Construction Engineer) for 6years as the primary position holder in the rank/grade commensurate with this position
* she extended for 6years for MOS12N which has been identified as a $10,000.00 critical MOS
* she would receive $5,000.00 on her original separation date and the other $5,000.00 on the 4thyear anniversary
* the bonus would be terminated with recoupment if she voluntary changed her REB MOS during the contractual obligation

5. On 6February 2014, she was notified of a discrepancy in her REB incentive. It appears the witnessing officer was an enlisted Soldier and the applicant had omitted her initials in one of the blocks. The discrepancy memorandum advised her that her incentive would be terminated; however, she qualified for an ETP. The action was suspended pending submission of and a decision on her ETP.

6. On 12February 2014, she submitted an ETP requesting payment of the REB.
With favorable endorsements from her chain of command, she explained that she signed the addendum that was presented to her and omitted some initials and/or initialed where she was told to initial by the enlisting official.

7. On 12May 2014, MNARNG published Orders132-1010 reassigning her from the 850thHorizontal Engineer Company to Headquarters and Headquarters Company, 34thInfantry Division, to an MOS92Y position, effective 15May 2014. The orders stated “Selected Reserve Incentive Program (SRIP) termination: Yes” and “Recoupment: No.”
8. On 19December 2014, NGB approved her request for an ETP. The Deputy G-1, ARNG, stated the applicant failed to initial all required eligibility statements in the addendum which violated the SRIP. However, a review of the extension form indicated an incentive was offered at the time of her contract. Her failure to initial one of the blocks did not change the terms and conditions of the incentive. She accepted the incentive offer in good faith and fulfilled the obligations of this contract. Withholding the incentive would be against equity and good conscience and contrary to the best interest of the Army.

9. On 25March 2015, NGB conducted a second review and denied the ETP with instructions to the State Incentive Manager to terminate the incentive without recoupment. The applicant contracted for a $10,000.00 incentive in MOS12N on 30September 2013. She voluntarily transferred out of the contracted MOS and thus violated the SRIP and her contractual agreement.

10. She entered active duty on 4June 2015 and subsequently served in Kuwait in MOS92Y from 1July 2015 to 8December 2015. She was assigned to the 834thAviation Support Battalion. She was honorably released from active duty on 10January 2016.

DISCUSSION AND CONCLUSIONS:

1. The applicant reenlisted/extended on 30September 2013 for a period of 6years, beginning on 30September 2014 (her separation date) through 29September 2020. She agreed to train in MOS12N and serve in that MOS for the duration of her contract.

2. In February 2014, she was notified of a discrepancy due to erroneous signature/initials on the addendum. She submitted an ETP for this action and her ETP was ultimately approved by NGB. However, in May 2014, her incentive was invalidated/terminated because she voluntarily transferred out of the contracted MOS of 12N prior to the starting date of the contract.

3. She agreed to serve for 6years in MOS12N which has been identified as a $10,000.00 critical MOS. She acknowledged she understood she would be terminated from bonus eligibility if she changed her REB MOS during the contractual obligation. Her incentive was terminated. This is a natural result of non-completion of her contract.

4. There is neither an error nor an injustice. She does not qualify for the REB.

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 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) AR20150009730

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ABCMR Record of Proceedings (cont) AR20150009730

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