MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            23 OCTOBER 2003                  
	DOCKET NUMBER:   AR2003085667

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Mr. Margaret K. Patterson		Member	
	Mr. Arthur A. Omartian		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That he be reimbursed for recoupment funds he paid for an Army National Guard enlistment bonus.   

APPLICANT STATES:  That he did not understand that he would have to repay funds he received as a National Guard enlistment bonus when he transferred to active duty status.  In support of his request he submits copies of his Army National Guard (ARNG) and active duty contracts.

EVIDENCE OF RECORD:  The applicant's military records show:

On 30 November 2000, he enlisted in the Ohio Army National Guard, for a period of 6 years, in MOS 12B, with a bonus of $8,000.

On 2 January 2002, he requested a conditional release to enlist in the Regular Army.  His request was approved and on 6 March 2002, he enlisted in the Regular Army for a period of 4 years.

On 30 September 2000, the applicant was sent notification concerning a debt he owed to the Department of Defense.  This notice explained that he owed $2,359.69 as part of a reserve bonus recoupment.  It further explained that his military pay account showed that he had been paid $4,000.00 towards a 72-month ARNG contract, and that his unit reported that he had satisfactorily performed for 15 months, thereby earning $1,666.67 of the monies he had been paid, but that his enlisting in the Regular Army prior to completion of his contract had left a remaining balance owed to the Government of $2,359.69. 

In the processing of this case, an advisory opinion was obtained from the National Guard Bureau, recommending disapproval of the applicant’s request.  The opinion states that the applicant had received $4,000.00 of an $8,000.00  bonus upon enlisting in the ARNG, but because the applicant transferred to the Regular Army before the end of his contract he had to pay the remaining funds from his bonus back to the Defense Finance and Accounting Service.  The applicant would have been required to sign a NGB Form 600-7-3-R-E, an enlistment bonus addendum, to correspond with his DD Form 4 (Enlistment/Reenlistment Document- Armed Forces of the United States).  The bonus addendum clearly outlines the eligibility criteria, the bonus amounts and payments, as well as the suspension, termination and recoupment policies.  The addendum requires the applicant to acknowledge with his signature that he has been advised of, and understands, the conditions of the program.  The applicant failed to provide a DD Form 4 or NGB Form 600-7-3-R-E with his application.  

The applicant was provided a copy of the advisory opinion on 30 July 2003, and failed to respond.

National Guard Regulation 600-7, provides in pertinent part, that a soldier’s bonus eligibility will be terminated, and recoupment initiated, if he/she separates from the ARNG for any reason, unless as a result of death, injury, illness, or other impairment not the result of their own misconduct.   

National Guard Regulation 600-7, also provides in pertinent part, that bonus contracts are not valid without a bonus control number issued by the State Incentive Management Office.  The State Incentive Manager will verify that a bonus addendum (NGB Form 600-7-3-R-E) includes the bonus control number, the correct MSO (military service obligation), the correct MSO computation and a valid position vacancy.  The State Incentive Manager will also verify that the
DD Form 4 (Enlistment/Reenlistment Document) shows matching dates on pages 1 and 2, that the addendum is listed on page 1, and that the correct years and months of MSO is listed. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  Evidence shows that the applicant was paid $4,000.00 towards a 72 month  reserve contract with the Ohio Army National Guard.  He satisfactorily performed 15 months of his contract thereby earning $1,666.67 of the monies he had been paid.  He transferred to the Regular Army before the end of his contract, and was required by regulation to pay back the balance of $2,359.69.   

2.  The applicant would have been required to sign an enlistment bonus addendum to correspond with his DD Form 4 prior to his receiving his bonus.  The addendum would acknowledge he had been advised of, and understood the conditions of the program which could cause suspension, or termination and recoupment.  The State Incentive Manager was also required to verify the bonus addendum to his enlistment contract as well as entries made on his DD Form 4.

3.  There are no copies of the applicant’s DD Form 4 or NGB Form 600-7-3-R-E in the available records, nor did the applicant provide copies of these documents. However, the Board concludes that these documents would have existed in order for the applicant to have received a bonus, which would have clearly informed him of the conditions of the program.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__JHL __  __MKP __  __AAO __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2003085667	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20031023	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.