IN THE CASE OF: BOARD DATE: 7 January 2016 DOCKET NUMBER: AR20150005482 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, in effect, repayment of a non-prior service enlistment bonus (NPSEB) which was erroneously recouped. 2. The applicant states, in effect: * he enlisted in the U.S. Army Reserve (USAR) for 8 years on a 3 x 5 contract (serving 3 years in a Selected Reserve (SELRES) Unit and 5 years in the Individual Ready Reserve (IRR)) * he received the first two payments of a $20,000 NPSEB totaling $15,000 and he is owed another $5,000 * his income tax check was recouped from his personal bank account * he is receiving letters and bills saying he had a 72-month contract; this is incorrect * he is providing 120 pages of evidence taken from his official military personnel file (OMPF) 3. The applicant provides a: * letter from Defense Finance and Accounting Service, dated 11 June 2012 * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 2 May 2008 * Certificate and Acknowledgement - USAR Service Requirements and Methods of Fulfillment, dated 2 May 2008 * SELRES Incentive Program (SRIP) - Enlistment Bonus (EB) Addendum (NPSEB), dated 2 May 2008 * DD Form 1966 (Record of Military Processing - Armed Forces of the United States), dated 2 May 2008 * two DD Forms 214 (Certificate of Release or Discharge from Active Duty) * 55 pages of miscellaneous documents from his OMPF * webpage for U.S. Military Entrance Processing Command, Charlotte, NC 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 enlisted in the USAR on 2 May 2008 for a term of 8 years, with 3 years to be served in the SELRES and the remaining 5 years in the IRR. That same date he signed an SRIP - EB Addendum in which he: * affirmed he had never previously served on active duty * acknowledged he was enlisting in the USAR with a concurrent assignment to a unit in the SELRES for a minimum of 3 years * agreed to be assigned in military occupational specialty (MOS) 38B (Civil Affairs Specialist), which entitled him to a bonus according to Headquarters, Department of the Army (HQDA) * affirmed he would receive an NPSEB in the amount of $20,000 3. His OMPF contains the following documents: a. DD Form 214 shows the applicant entered active duty for training on 22 July 2008 and he was released from active duty (REFRAD) on 22 January 2009. Item 11 (Primary Specialty) lists his primary MOS as 38B. On his REFRAD he was transferred to the 422nd Civil Affairs (CA) Battalion. b. DD Form 214 shows he was ordered to active duty in support of Operation Iraqi Freedom on 11 June 2009. He was REFRAD on 21 July 2010 and transferred to the 422nd CA Battalion. Item 11 (Primary Specialty) lists his primary MOS as 38B. He deployed to Iraq from 5 August 2009 to 6 June 2010. c. Orders 11-229-00058, dated 17 August 2011, issued by Headquarters, 81st Regional Support Command, reassigned him from the 422nd CA Battalion to the USAR Control Group (Annual Training) effective 17 September 2011. At that point he had served in the SELRES for a period of 3 years, 4 months, and 10 days. 4. An advisory opinion from Headquarters, USAR Command, essentially states: a. Research revealed the applicant enlisted on 2 May 2008 for a 3-year NPSEB in MOS 38B. He served in a SELRES troop program unit (TPU) beyond his contractual obligation. b. His NPSEB was erroneously recouped because the Total Army Personnel Database - Reserve (TAPDB-R) listed his contractual obligation as 6 years instead of 3 years. c. Appropriate corrections have been made to TAPDB-R. The debt should be considered invalid, and all monies recouped should be reimbursed to the applicant. 5. The applicant was provided a copy of this advisory opinion. He offered no comment, but expressed appreciation that his case was recommended for a favorable resolution. DISCUSSION AND CONCLUSIONS: 1. The evidence of record affirms the applicant: * signed an enlistment contract which authorized him an NPSEB in the amount of $20,000 * he was required, by contract, to serve 3 years in a SELRES TPU unit, after which he would serve in the IRR for the remainder of his 8-year term * he served in a SELRES TPU unit for 40 months, which was more than the time required * an advisory opinion from the USAR Command confirms an error in TAPDB-R resulted in his NPSEB being erroneously recouped; the appropriate corrections have been made to TAPDB-R * this advisory also recommended all monies recouped be returned to the applicant 2. Based upon the foregoing, there appears to be sufficient basis upon which to grant the requested relief. BOARD VOTE: ____X____ ____X____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by the Defense Finance and Accounting Service: * accepting correction of the TAPDB-R to reflect the applicant had a 3 year contractual obligation as sufficient evidence to reimburse him monies that were recouped with regard to his NPSEB * paying the applicant any portion of the NPSEB he is still owed based on this correction _______ _ __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) AR20150005482 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005482 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1