IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150011601 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X____ ___X_____ ___X_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 12 May 2016 DOCKET NUMBER: AR20150011601 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: 12 May 2016 DOCKET NUMBER: AR20150011601 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 a waiver of a Special Pay Bonus debt and reimbursement of all monies recouped. 2. The applicant states: a. The amount of $300.00 per month has been withheld from his Regular Army (RA) paycheck since June 2014 to repay a Special Pay Bonus (Wartime Critical Shortage List). He secured the bonus at the beginning of his second year in the U.S. Army Reserve (USAR) on 15 December 2012 based on the receipt of initial USAR orders, dated 15 December 2011. The amount was $20,000.00. Because it has been alleged that he did not fulfill his drilling obligations for a good year, his records should be amended to indicate that his second year USAR bonus-drilling obligation was fulfilled so that the associated debt will be waived and reimbursement of all monies recouped. b. He transferred from the USAR to the RA on 23 July 2013, within the same Area of Concentration (AOC), without receiving any additional bonuses from the RA. He does not recall receiving counseling stating that he would be required to repay his USAR bonus if he transferred to the RA. He had no control over the date the RA issued his orders. He demonstrated good faith toward completion of a good second year in the USAR by planning for attendance at his annual field training exercise from 3 through 23 August 2013. He remained on schedule to complete all of his other drilling obligations before the RA selected him. He completed greater than 60 percent of the USAR bonus period from 15 December 2012 through 23 July 2013. In total, he amassed 142 points in less than 22 months in the USAR. In addition, the days he spent on active duty from 23 July 2013 through 15 December 2013 are the equivalent of more than enough points to fulfill the obligation for a good year in the second year of his USAR bonus period. 3. The applicant provides copies of: * U.S. Army Recruiting Command (USAREC) Form 1252 (USAR and Army National Guard Incentives Declaration Statement) * two DA Forms 71 (Oath of Office – Military Personnel) * USAR Contract * Orders Number C-12-118030, C-12-118030A01, A-06-309286, and A-06-309286A01 * USAREC Form 1282 (U.S. Army Active Duty Incentives Declaration Statement) * RA Contract * four emails pertaining to his training exercises * Army Medical Department (AMEDD) Professional Management Command (APMC) Fiscal Year 2013 Individual Training Plan * letter from the Defense Finance and Accounting Service (DFAS) * DFAS Leave and Earnings Statement (LES) * Chronological Statement of Retirement Points CONSIDERATION OF EVIDENCE: 1. The applicant provides a copy of an USAREC Form 1252 he executed and signed on 25 July 2011 for a 2-year Special Pay Bonus under the USAR Medical Department Officer Incentive Program. 2. He was appointed in the USAR, Medical Service (MS) Corps, as a first lieutenant, on 3 November 2011. 3. He also provides a copy of an USAR Contract he executed and signed on 4 November 2011 for his participation in the Selected Reserve (SELRES) Special Pay Program in the SELRES of the Army for $20,000.00. The form states in: a. Obligation –: (1) Item 2c – "I shall incur an Army SELRES obligation of 2 years. My obligation shall begin immediately in the Reserve in the following specialty, 72B (Entomologist)." (2) Item 2d – "If I terminate service in the SELRES before the end of the period for which payments was made, I shall refund the full amount of the payment made for the period on which the payment was based." (3) Item 3 – "I understand that my entitlement under this program continues unless or until I do one of the following: Separation from the SELRES for any reason (including appoint, voluntary order to active duty in the active forces)." b. Authentication – "I have read and understand each of the statements above, and have had my questions satisfactorily answered. I understand the statements above are intended to constitute all promises and agreements, whatsoever, concerning my contract for the SELRES Special Pay." 4. The U.S. Army Human Resources Command (HRC) issued the following orders on/for: * Number C-12-118030, 15 December 2011, assigning him to a Reserve unit effective 3 November 2011 * Number C-12-118030A01, 15 December 2011, amending Number C-12-118030 to read "attachment to APMC" 5. He further provides copies of: * USAREC Form 1282, dated 13 February 2013, showing he was ineligible for an Accession Bonus, the Accession Health Professions Loan Repayment Program, and both bonuses * RA Contract he executed and signed on 8 April 2013 for his commissioning in the U.S. Army – Active Duty as an AMEDD Officer in AOC 72B * Four emails, dated 26 and 28 February and 5 and 18 March 2013, pertaining to his request for a Letter of Instruction to give to his training manager at the APMC to process his orders and his subsequent training plans * Orders Number A-06-309286, issued by HRC on 26 June 2013, ordering him to active duty in an indefinite status with a reporting date of 15 August 2013 6. He was appointed in the RA, MS Corps, as a captain, on 23 July 2013. 7. He also provides copies of: * APMC Fiscal Year 2013 Individual Training Plan showing he was scheduled for annual training from 3 through 23 August 2013 * Letter, dated 25 February 2014, in which DFAS advised him of his indebtedness to the Department of Defense * DFAS LES, for the period covering 1 through 30 June 2014, showing a miscellaneous debt of $300.00 was deducted from his pay, his total debt was $20,049.48, and the balance owed was $19,748.48 * Chronological Statement of Retirement Points, dated 12 February 2015, crediting him with 142 creditable points for service in the USAR from 9 November 2011 through 15 August 2013 8. In an advisory opinion, dated 9 March 2016, the Chief, Manning Division, Headquarters, USAREC, Fort Knox, KY, stated the applicant contracted with the USAR on 4 November 2011, for a 2-year $20,000.00 SELRES Special Pay Bonus Accession Bonus, in AOC 72B. His contract stipulated that he serve the entire portion of the obligation in the USAR. On 23 July 2013, he accepted a voluntary appointment as a commissioned officer in the RA; therefore, terminating his USAR commission prior to completing his obligation. Based on the evidence, the G-1 recommended the applicant be required to repay the unearned portion of the Special Pay Bonus for the months in which he was not assigned to the USAR. 9. The advisory opinion was forwarded the applicant for acknowledgment/ rebuttal on 17 March 2016. He did not respond. REFERENCES: 1. Department of Defense Instructions Number 1205.21, paragraph 6.2 states, as a condition of the receipt of an incentive covered by this Instruction, each recipient shall be required to sign a written agreement stating that the member has been advised of and understands the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. That agreement shall clearly specify the terms of the Reserve service commitment that authorizes the payment of the incentive to the member. Services shall use the model written agreements set out in this Instruction; however, Service-specific agreements may be used, if they include all elements of the model agreements. 2. 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: 1. The applicant incurred a 2-year SELRES obligation when he contracted for the Special Pay Bonus in the USAR. He was appointed on 3 November 2011. He was appointed in the RA on 23 July 2013. His SELRES obligation for the bonus would have ended on 2 November 2013. 2. Department of Defense policy requires a member be advised of and understand the conditions under which continued entitlement to unpaid incentive amounts shall be terminated and which advance payments may be recouped. His USAR contract clearly stated, to which he acknowledged, that he would refund the full amount of payment made if his service terminated in the SELRES and his entitlement under the program would discontinue if he/she was appointed and voluntarily ordered to active duty. 3. His voluntary appointment in the RA prior to the end of the specified USAR bonus period precipitated his repayment of the unearned portion of the bonus and recoupment action. He has not shown through the evidence of record or the evidence submitted with his application that his debt was unjustly or erroneously established. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011601 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011601 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2