IN THE CASE OF: BOARD DATE: 16 September 2014 DOCKET NUMBER: AR20140000206 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 relief from recoupment of his $15,000 reenlistment bonus (REB) and $9,000 Student Loan Repayment Program (SLRP) incentive. 2. The applicant states, in effect, that his REB is being recouped based on an incorrect calculation of his service and his SLRP incentive is being incorrectly recouped based on him not being military occupational specialty (MOS) qualified. However, he did not have over 20 years of service and he was MOS qualified. 3. The applicant provides a list of documents submitted on page 4 of his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant was serving in the California Army National Guard, deployed to Kuwait, and serving in pay grade E-6, when he signed a 6-year extension of his enlistment on 10 November 2006 to receive a $15,000 REB and the SLRP incentive. 3. In 2012, the applicant was notified that an audit conducted by an incentive task force determined that he was ineligible for the REB due to having over 20 years of service at the time of his extension and that he was ineligible for the SLRP incentive because he was not MOS qualified. 4. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opines that the applicant is entitled to partial approval of his request. Officials at the NGB opine that the applicable policy allowed deployed Soldiers 36 months to become MOS qualified and the applicant became MOS qualified within 22 months of receiving the incentive. Therefore, he is eligible to receive the contracted SLRP incentive. In regard to his REB, officials opine that the applicant was eligible to contract for his REB; however, he should have received a pro-rated contract of 49 months based on when he attained 24 years of service. Accordingly, he was entitled to receive $10,208.33 and the remaining $4,491.67 should be recouped. The advisory opinion was provided to the applicant for comment and he concurred with the opinion. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions have been noted and it appears to have some merit. 2. The applicant’s SLRP incentive was cancelled and recoupment was initiated because he was not MOS qualified; however, he met the policy requirements for MOS qualification and his incentive was improperly cancelled. Accordingly, his SLRP incentive should be reinstated, recoupment action terminated and any monies collected for that debt returned to the applicant. 3. In regard to his REB, the applicant was eligible to receive an REB; however, he was only eligible to receive 49 months of the 72-month incentive due to having reached 24 years of service. Accordingly, only $4,491.67 should be recouped from the REB. Any funds in excess of that amount should be returned to the applicant. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ___X____ ___X___ ___X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial 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 the recoupment action associated with the SLRP incentive, restoring the remainder of his SLRP incentive, and returning any funds recouped in connection with the SLRP incentive to the applicant. b. Amending the applicant’s REB contract to show that he is entitled to receive 49 months of the REB incentive instead of 72 months and recouping $4,491.67 of the REB incentive. Any funds recouped in excess of this amount will be refunded to the applicant. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to cancelling the entire recoupment action involving his REB debt. __________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) AR20140000206 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140000206 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1