IN THE CASE OF: BOARD DATE: 11 August 2016 DOCKET NUMBER: AR20150012611 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: 11 August 2016 DOCKET NUMBER: AR20150012611 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: 11 August 2016 DOCKET NUMBER: AR20150012611 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: * remission of a debt in the amount of $1,027.29 * payment of a $10,000 enlistment bonus 2. The applicant states: a. He was allegedly overpaid $770.41 that he received while he was absent without leave (AWOL). With administrative fees and interest, the amount is now $1,027.29. Defense Finance and Accounting Service (DFAS) stated he was demoted from E-3 to E-1; however, he was never a private first class (PFC). b. He is still waiting to receive the first half his $20,000 enlistment bonus that he was entitled to receive after completion of basic training (BT). 3. The applicant provides: * his DD Form 214 (Certificate of Release or Discharge from Active Duty) * Enlisted Record Brief (ERB) * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) * DA Form 3286 (Statement for Enlistment - United States Army Enlistment Program), Annex A * DA Form 3286, Annex B * DD Form 1966 (Record of Military Processing - Armed Forces of the United States) * DD Form 93 (Record of Emergency Data) * Servicemembers' Group Life Insurance (SGLV) 9286 (SGLI Election and Certificate) * orders * two letters 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 U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 27 July 2007. 3. His DA Form 3286, Annex A, dated 27 July 2007, shows he acknowledged and understood that: * the date of his enlistment in the Regular Army (RA) was 2 August 2007 * he was enlisting in the RA for 6 years and training in military occupational specialty (MOS) 68A (Biomedical Equipment Specialist) * he was enlisting for an MOS that had a cash bonus of $20,000 (emphasis added) * the bonus would be paid in accordance with Department of the Army (DA) instructions 4. He was discharged from the USAR DEP on 1 August 2007. He enlisted in the RA on 2 August 2007 in the rank/grade of private (PV2)/E-2. 5. His DA Form 3286, Annex B, dated 2 August 2007, shows he acknowledged and understood that: * he was enlisting for an MOS that had a cash bonus of $20,000 * if he failed to satisfactorily complete AIT, he would be trained in another MOS based upon the needs of the Army forfeiting his entitlement to the cash bonus 6. He completed BT and on 27 October 2007 he was assigned for AIT to Company D, 264th Medical Battalion, Fort Sam Houston, TX. 7. On 7 April 2008, he was reported as AWOL from his assigned unit. On 8 May 2008, he was dropped from the rolls (DFR) as a deserter. 8. On 27 May 2008, he was arrested by civilian authorities and incarcerated at Elk County Jail, Ridgway, PA. He was returned to military control on that date and assigned to the U.S. Army Personnel Control Facility, Fort Knox, KY. 9. On 5 June 2008, court-martial charges were preferred against him for one specification of being AWOL from 7 April 2008 to 27 May 2008 (51 days). 10. On 5 June 2008, after being counseled by legal counsel, the applicant requested a discharge under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial. In his request for a discharge, he acknowledged: a. He was making the request of his own free will and had not been subjected to any coercion whatsoever by any person. He understood by submitting the request he was admitting guilt to the charges against him or of lesser-included offenses that also authorized the imposition of a bad conduct discharge or a dishonorable discharge. Under no circumstances did he desire further rehabilitation for he had no desire to perform further military service. b. He understood if his request was approved he could be discharged under other than honorable conditions. He had been advised of the possible effects of an under other than honorable conditions discharge and that he may be deprived of many or all Army benefits, he could be ineligible for many or all benefits administered by the Department of Veterans Affairs, and he could be deprived of his rights and benefits as a veteran under both Federal and State laws. 11. On 6 June 2008, he was placed on excess leave pending disposition of his request for a discharge in lieu of court-martial. 12. On 2 July 2008, the approving authority approved the applicant's request for discharge in lieu of court-martial and directed his service be characterized as under other than honorable conditions and his reduction to the lowest enlisted grade of E-1. On 25 July 2008, he was discharged accordingly. 13. The DD Form 214 he was issued confirms he was discharged in the rank of PV1, under the provisions of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial, with a characterization of service as under other than honorable conditions. 14. He completed 10 months and 4 days of net active service of which 50 days was excess leave; he had 51 days of lost time due to being AWOL. Item 11 (Primary Specialty) of his DD Form 214 is blank. 15. The applicant provides: a. A letter from DFAS, undated, he received in reply to his inquiry disputing his indebtedness. It stated, in part: (1) Upon review of his account, they determined his debt in the principal amount of $770.41 remained valid. They added interest and administrative fees of $19.81, bringing the balance due to $790.22. Since his account was with a private collection agency, the agency may have added additional fees in accordance with the contract with the Department of the Treasury. (2) His debt was due to overpayment of pay and allowances while he was AWOL from 7 April 2008, and due to adjustment to his pay and allowances for his demotion from PFC/E-3 to PVT/E-1 effective 15 June 2008, that was not fully collected prior to his separation. b. A letter from a private collection agency, dated 6 April 2015, stating his Federal debt had been referred to them for collection and as of the date of the letter he owed $1,027.29, which included interest and administrative costs. 16. In the processing of this case, an advisory opinion was received on 23 June 2016 from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1. The advisory official recommended disapproval of the applicant's request for partial payment of his enlistment bonus and opined: a. The applicant was AWOL from 7 April 2008 to 27 May 2008 while attending AIT. Since he was subsequently discharged as a result of going AWOL, he never completed AIT which prevented him from becoming qualified in MOS 68A for which he enlisted. b. The applicant's DD Form 214 indicates no MOS was awarded. He never qualified for any bonus payments since completion of AIT and MOS qualification are requirements to receive an enlistment bonus. 17. On 1 July 2016, the applicant was provided a copy of the advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal; however, no response was received. DISCUSSION: 1. The evidence of record confirms the applicant contacted to enlist in the RA for 6 years and training in MOS 68A for a $20,000 cash bonus. The initial payment of the bonus was contingent upon his successful completion of AIT and award of MOS 68A. However, he went AWOL while in AIT, never completed MOS training, never served in MOS 68A, and had less than a year of active duty service when he was discharged in lieu of court-martial on 25 July 2008. As confirmed by the advisory official, he was not entitled to any part of the enlistment bonus as he did not fulfill the terms of his contract. 2. With respect to his debt of $1,027.29, he provides a letter wherein a DFAS official stated they had reviewed his account and determined his debt was valid. While he may not have been promoted to PFC, it appears his finance records had his rank listed incorrectly for at least part of his service. It also appears that based on his being AWOL for 51 days he had been overpaid monies that had not been collected prior to his separation. The applicant has not provided any evidence to support his contention that this debt is not valid. In the absence of evidence to the contrary, it is presumed what DFAS did in his case was correct and his debt to the Government is valid. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012611 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012611 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2