AR20160005261

IN THE CASE OF:

BOARD DATE: 11 May 2016

DOCKET NUMBER: AR20160005261

BOARD VOTE:

___x_____ ___x___ ___x____ GRANT FULL RELIEF

________ ________ ________ GRANT PARTIAL RELIEF

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION

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

IN THE CASE OF:

BOARD DATE: 11 May 2016

DOCKET NUMBER: AR20160005261

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

a. voiding National Guard Bureau, Arlington, VA memorandum, dated
11 February 2016, subject: Request for Exception to Policy for Reenlistment/ Extension Bonus (pertaining to the applicant);

b. correcting/amending the DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated 17 December 2013, to show an administrative extension of 3 months and new expiration of term of service of 25 October 2020; and

c. issuing appropriate notification to the Defense Finance and Accounting Service of the applicant’s entitlement to the $10,000 Reenlistment/Extension Bonus in accordance with the terms of his “corrected” DA Form 4836, dated
17 December 2013, and NGB Form 600-7-3-R-E (Annex R to DD Form 4 or
DA Form 4836, Reenlistment/Extension Bonus Addendum Army National Guard of the United States (ARNGUS).

___________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: 10 May 2016

DOCKET NUMBER: AR20160005261

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 correction of his military service records to show cancellation/remission of a debt for a reenlistment extension bonus (REB), along with reinstatement and payment of the REB.

2. The applicant states that civilian employment made it necessary for him to initiate an interstate transfer (IST) from the Michigan (MI) Army National Guard (ARNG) to the Washington (WA) ARNG (WAARNG). During the transfer both states were aware of his REB status.

a. He was informed that there were no available vacancies for his military occupational specialty (MOS) 88M3O (Motor Transport Operator). His only option to complete the IST was to take an available E-6 position.

b. To satisfy the needs of the ARNG and WAARNG, he agreed to reclassify into MOS 29E3O (Electronic Warfare (EW) Specialist), which also has an MOS affiliation bonus.

c. He was notified that REB recoupment action would be initiated based on him no longer being primary MOS (PMOS) 88M REB aligned. He began to take action to rectify the situation and he became MOS realigned, which made the matter no longer relevant. However, the decision to recoup the REB had already been made.

d. His request for an exception to policy (ETP) was denied by the National Guard Bureau (NGB). He states that he accepted the non-MOS aligned positon based on the needs of the ARNG, not his own wants or desires. He adds that the necessity for him to move and the lack of 88M3O vacancies was beyond his control; however, the situation has been rectified.

3. The applicant provides copies of an:

* MOS 88M position vacancy memorandum
* WAARNG notification of REB discrepancy
* request for ETP for payment of REB
* NGB ETP for REB decision
* reassignment orders
* request for ETP for payment of REB (reconsideration)

CONSIDERATION OF EVIDENCE:

1. The applicant enlisted in the Army National Guard (ARNG) of the United States (ARNGUS) and Nebraska ARNG on 26 January 2002 for a period of
8 years for MOS 63W (Wheeled Vehicle Mechanic) with a $3,000.00 enlistment bonus. He subsequently transferred to the Michigan ARNG (MIARNG).

2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated
17 December 2013, shows the applicant extended his 8-year, 26 January 2002 enlistment (that had previously been extended a period of 4 years and 6 months) for a period of 6 additional years to remain a member of the MIARNG. His new expiration of term of service (ETS) was established as 25 July 2020.

a. NGB Form 600-7-3-R-E (Annex R to DD Form 4 or DA Form 4836, REB Addendum ARNGUS), in pertinent part, shows in:

* the Header section: Bonus Control Number (BCN): R13120069MI
* Section II (Eligibility), he reenlisted/extended Duty MOS Qualified (DMOSQ) in MOS 88M for 6 years as the primary position holder in a rank and grade commensurate with this position
* Section II (Bonus Amount and Payments), he would receive a total bonus in the amount of $10,000

* the first 50% payment would be processed for payment the day after current ETS
* the second 50% payment would be processed on the fourth year anniversary
* Section VI (Termination), I may be terminated from REB eligibility with recoupment, if

* I voluntarily change my REB MOS during the contractual obligation, unless assigned as an MOS 09S (Officer Candidate School Candidate) or MOS 09R (Simultaneous Membership Program Cadet)
* I voluntarily transfer within the state or IST for reasons other than those covered under Army Regulation 601-210 (Active and Reserve Components Enlistment Program) and will be governed by, in pertinent part, if I transfer out of my current REB MOS into a Non-DMOSQ MOS, the termination date will be my transfer order effective date

* Section VIII (Authentication) and Section IX (Certification by Service Representative) show the applicant, service representative, and witnessing officer signed the document of 17 December 2013

b. The applicant was promoted to staff sergeant/pay grade E-6 in PMOS 88M3O effective 1 January 2014.

c. NGB Form 22-5 (Addendum to DD Form 4 Approval and Acceptance by Service Representative for IST in the ARNG), dated 12 November 2015, in pertinent part, shows in:

* Part I (Soldier Data), item 4 (PMOS): 88M3O
* Part II (Transfer Data)

* item 13d (DMOS): 29E3O
* item 16a (Effective Date of Transfer): 12 November 2015

* Part III (Soldier Acknowledgement), the applicant and unit representative signed the document of 12 November 2015

3. In support of his application the applicant provides the following documents.

a. WAARNG, Camp Murray, WA, memorandum, dated 19 November 2015, subject: No Valid Vacancy for MOS, that shows the IST/Reserve Components Transfer Coordinator confirmed that upon entry into the WAARNG, the applicant was unable to be placed as an 88M3O because there were no valid and open primary vacancies in his MOS. The applicant agreed to reclassify into an open and valid vacancy for MOS 29E3O.
b. Army Element, Joint Forces Headquarters, WAARNG, Camp Murray, WA, memorandum, dated 6 January 2016, subject: Notification of Incentive Discrepancy and ETP Process Final Action, that shows the State Incentives Manager (IM) notified the applicant a discrepancy with his bonus incentive contract must be resolved to avoid termination. He was advised that the reason for the discrepancy was he transferred out of the contracted MOS, which resulted in a discrepancy amount of $2,916.67 with recoupment. He was also advised of available administrative actions.

c. Headquarters and Headquarters Company (HHC), 181st Brigade Support Battalion (BSB), Seattle, WA, memorandum, dated 19 January 2016, subject: Request for ETP for Payment of Bonus Incentive Requirement, that shows the applicant stated the WAARNG was requesting an ETP to allow him to receive the REB.

(1) It shows he understood that BCN R13120069MI was an MOS affiliated bonus and that he fully intended on working in the MOS. However, his civilian employment made it necessary for him to request an IST from the MIARNG to the WAARNG. During the transfer both states were of aware of his REB status. There were no available vacancies for MOS 88M3O and he agreed to reclassify into MOS 29E3O, which was also an MOS affiliation bonus.

(2) It also shows the unit is in the process of transitioning to a Stryker Support Battalion with an authorized 88M3O position. The transition has been delayed three times; however, he was assured that he would be assigned to the position.

(3) He requested ETP based on the necessity of his IST, the availability of an open MOS 88M3O authorized position being beyond his control, and his desire to continue to serve in the ARNG.

d. NGB, Arlington, VA, memorandum, dated 11 February 2016, subject: Request for ETP for REB, that shows the Chief, Personnel Programs, Resources and Manpower Division, denied the applicant’s request to retain the $10,000.00 REB because he voluntarily transferred out of the contracted MOS (i.e., MOS 88M into current MOS 29E), which violates Department of Defense Instruction (DoDI) 1205.21 (Reserve Component Incentive Programs Procedures), paragraph 6.6.2. Accordingly, the State IM was instructed to terminate the applicant’s REB incentive with recoupment effective the date of the transfer.

e. Headquarters, Military Department, State of Washington, Office of The Adjutant General, Camp Murray, Tacoma, WA, Orders 042-699, dated
11 February 2016, that shows the applicant was assigned to HHC, 181st BSB; he was relieved from duty position EW Sergeant, MOS 29E3O (paragraph 103/line 05); and reassigned to duty position Master Driver Training (MOS 88M3O (paragraph 103/line 07), effective 11 February 2016.

f. HHC, 181st BSB, Seattle, WA, memorandum, dated 3 March 2016, subject: Request for ETP for Payment of Bonus Incentive Requirement, that shows the applicant stated the WAARNG was requesting an ETP to allow him to receive the REB.

(1) It shows he offered the same information as that in his 19 January 2016 request for ETP.

(2) It also shows he began to take action to rectify the situation when he was notified of the recoupment action. He was assigned to an MOS 88M3O position in less than 60 days, making the situation no longer relevant. He requests reconsideration of his request for ETP.

REFERENCES:

1. DoDI 1205.21, dated 20 September 1999, provides policy, responsibilities, and prescribes procedures for management of the Reserve Component incentive programs. Paragraph 6.6 (Relief from Termination) shows in:

a. subparagraph 6.6.1, persons who move from one location to another may continue incentive eligibility if they remain in the Selected Reserve of the same Military Department and are assigned to an incentive-eligible unit or incentive-eligible critical skill, as appropriate. Each Military Department shall endeavor to transfer an incentive recipient who moves to a new location into a similar Selected Reserve unit or one that can make use of the skill. For health specialists in the Selected Reserve, incentive recipients shall fill an existing vacancy. Failure to join another unit or find a position in the Selected Reserve in 6 months shall terminate the member from program eligibility. In the case of a member who is assigned to an incentive-qualifying position within 6 months or less, that period must be added to the member’s original incentive obligation.

b. subparagraph 6.6.2 (cited in the NGB memorandum), shows persons whose military specialty is changed at the convenience of the Government or whose unit is inactivated, relocated, reorganized, or converted (e.g., weapons systems conversion) are entitled to continue receiving incentive payments provided they meet all other eligibility criteria, and are not separated from the Selected Reserve.

2. DoDI 1205.21, effective 12 March 2013, in effect at the time of the applicant’s reenlistment/extension on 17 December 2013, superseded DoDI 1205.21, dated 20 September 1999. A review of this DODI failed to reveal any reference pertaining to recoupment or relief from termination.

DISCUSSION:

1. Records show the applicant reenlisted/extended in the MIARNG on
17 December 2013 for a period of 6 years with an REB for MOS 88M3O.

a. He voluntarily transferred (IST) to the WAARNG on 12 November 2015. An authorized MOS 88M3O position was not available and he elected to reclassify into MOS 29E3O.

b. On 6 January 2016, the State IM notified him that there was a discrepancy with his REB that must be resolved to avoid termination, otherwise recoupment of the REB would occur in the amount of $2,916.67.

c. On 11 February 2016, the Chief, Personnel Programs, Resources and Manpower Division, NGB, denied the applicant’s request to retain the $10,000.00 REB. The reason cited was violation of DoDI 1205.21, paragraph 6.6.2.

2. The evidence of record shows the cited reference does not pertain to the applicant’s situation. Moreover, the cited reference had been superseded at the time of the applicant’s reenlistment/extension. However, this is not the essential issue in this case.

a. It is noted that subparagraph 6.6.1 of DoDI 1205.21 cited by the NGB allows persons who move from one location to another to continue incentive eligibility if they remain in the Selected Reserve of the same Military Department and are assigned to an incentive-eligible critical skill.

b. It also shows, failure to find a position in the Selected Reserve in 6 months shall terminate the member from program eligibility. However, in the case of a member who is assigned to an incentive-qualifying position within 6 months or less, that period must be added to the member’s original incentive obligation.

3. Orders shows the applicant was assigned to an authorized MOS 88M3O (E-6) position in HHC, 181st BSB, effective 11 February 2016. This occurred 3 months after the effective date of his IST.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings AR20150000953

Enclosure 1

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

ABCMR Record of Proceedings (cont) AR20160005261

2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 1

ABCMR Record of Proceedings (cont) AR20160005261

7

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

Enclosure 2