AR20160004722

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20160004722

BOARD VOTE:

_________ _______ ________ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

___x____ ___x____ ___x____ DENY APPLICATION

2Enclosures
1. Board Determination/Recommendation
2. Evidence and Consideration

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20160004722

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.

IN THE CASE OF:

BOARD DATE: 17 May 2016

DOCKET NUMBER: AR20160004722

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 cancellation of recoupment of his reenlistment/
extension bonus (REB) based on his reenlistment in the Iowa Army National Guard on 6April 2009.

2. The applicant states, in effect:

a. The Guard Incentive Management Subsystem shows the National Guard Bureau (NGB) denied his request for an exception to policy (ETP) to retain his REB. The ETP denial letter states the bonus was terminated with recoupment. As part of the termination process, the Guard Incentive Management Subsystem estimated a recoupment amount of $694.44. It took NGB approximately 11/2years to process the termination action.

b. The bonus was terminated with recoupment due to no fault of his own. The unit reorganized due to a modified table of organization and equipment change and the position was no longer available. This is why he had to reclassify to another military occupational specialty (MOS).

c. The debt should be reversed and the remainder of the bonus should be paid in full.

d. He served the entire period of the contract.

3. The applicant provides:

* transfer orders, dated 6February 2012
* ETP denial letter
* Defense Finance and Accounting Service Military Leave and Earnings Statement
* screen shot pertaining to his bonus

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Iowa Army National Guard on 9June 1997.

2. His DAForm1059 (Service School Academic Evaluation Report), dated 20March 2009, shows he completed the Air Defense Artillery C41 Tactical Operations Center System Operator/Maintainer course.

3. He was promoted to staffsergeant effective 6April 2009.

4. His DAForm4836 (Oath of Extension of Enlistment or Reenlistment), dated 6April 2009, shows he reenlisted/extended for a 6-year period.

5. His REB Addendum shows he extended for a bonus in the amount of $5,000.00. SectionII (Eligibility) of this document shows he placed his initials in item2a which states, ” I am MOS qualified for the position for which I am reenlisting/extending and I hold the rank and grade commensurate with the vacancy extending/reenlisting for.” The addendum does not contain the signature dates of the applicant, enlisting official, or service representative.

6. His records contain:

a. Headquarters, Iowa National Guard, Orders281-002, dated 8October 2010, show he was relieved from duty position assistant operations sergeant (MOS14J (air defense C41 tactical operations center enhanced operator maintainer)) and assigned to duty position plans officer (MOS09S (commissioned officer candidate)) effective 27May 2010. These orders state this reassignment may be due to a unit reorganization.

b. Headquarters, Iowa National Guard, Orders237-023, dated 25August 2011, show he was relieved from the plans officer (MOS09S) duty position and assigned to the assistant operations sergeant (MOS14J) duty position effective 14August 2011. These orders state this reassignment may be due to a unit reorganization.
7. He provided Headquarters, Iowa National Guard, Orders037-065, dated 6February 2012, showing he was transferred to Headquarters and Headquarters Company, 2dBattalion, 34thBrigade Combat Team, because his unit was demobilized from active duty effective 17January 2012. These orders show his MOS as 15Q (air traffic control operator).

8. He provided a memorandum from NGB, dated 13March 2014, subject: Request for ETP for REB (Applicant), which states:

a. An ETP request to retain the $5,000.00 REB is denied because the applicant is not serving in the MOS for which he contracted and his contract/
bonus addendum is missing signature dates for himself, the witnessing official, and service representative, which violates Army National Guard Selected Reserve Incentive Program07-06.

b. The State Incentive Manager will terminate the bonus with recoupment.

c. The applicant contracted for MOS14J (air defense command, control, communications, computers, and intelligence tactical operations center enhanced operator/maintainer), but was serving in MOS31E (internment/
resettlement specialist).

REFERENCES:

Army National Guard Selected Reserve Incentive Program Fiscal Year 2007, 2008, and 2009 (Policy Number07-06), dated 10August 2007, states Soldiers reenlisting/extending for the REB must hold the military grade and skill qualification commensurate with the vacancy for which reenlisting/extending.

DISCUSSION:

1. The applicant reenlisted/extended in the Iowa Army National Guard on 6April 2009 for an REB in the amount of $5,000.00 for MOS14J.

2. NGB denied his request to retain the REB because he was not serving in the MOS he contracted for and the addendum was missing signature dates.

3. The evidence of record shows he failed to serve in the MOS for which he contracted from the period 27May 2010 to 14August 2011.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160004722

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160004722

3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2