ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  10 July 2019

	DOCKET NUMBER:  AR20170003981


APPLICANT REQUESTS:  relief from recoupment of his reenlistment bonus and monies paid for bonus recoupment be applied to other debts owed, his credit bureau reporting be removed and a letter be issued stating debt is invalid.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Annex L (Student Loan Repayment Addendum), dated 27 February 2009
* Annex R (Reenlistment/Extension Bonus Addendum), dated 27 February 2009
* DD Form 214 (Certificate of Release or Discharge From Active Duty)
* NGB Form 22 (National Guard Report of Separation and Record of Service)
* Memorandum – Office of the Inspector General, dated 28 February 2017
* DoDI 1205.21 (Reserve Component Incentive Programs Procedures)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant provides:

	a.  A signed copy of Annex L to DD Form 4 (Student Loan Repayment Program Addendum) on 27 February 2009.  This Annex shows:

		(1)  He was a Soldier in the ARNG and enlisted for a minimum of 6 years in the ARNG.

		(2)  He had 3 disbursed loans existing in the amount of $12,000 and the total amount of repayment for qualifying loans would not exceed $20,000.


	b.  He signed Annex R to DD Form 4 (Reenlistment/Extension Bonus Addendum) on 27 February 2009.  This Annex shows:

		(1)  He was re-enlisted in the ARNG for 6 years.

		(2)  He would receive a total bonus payment in the amount of $15,000 for a 
6-year reenlistment.

3.  A review of the applicant’s service record show:

	a.  He enlisted in the ARNG on 16 December 2016 and he held the military specialty occupation (MOS) 14M (Man Portable Air Defense System).

	b.  On 16 April 2008, he was awarded the MOS 11B (Infantryman).

	c.  On 27 February 2009, he re-enlisted for 6 years, extending his enlistment to 
15 December 2015, in the MOS 11B (Infantryman).

	d.  On 1 April 2009, his commanding officer recommended that the applicant is given bonus consideration for extending his enlistment.

	e.  On 8 June 2011, he transferred from the Georgia Army National Guard (GAARNG) to the Alabama Army National Guard (AARNG) in the MOS 18E (Special Forces Communications).

	f.  On 15 December 2015, the applicant was honorably discharged from the Army National Guard.  He completed 12 years of total service for pay.

4.  On 18 September 2017, the National Guard Bureau (NGB) recommended the applicant retain his bonus without recoupment.  An NGB official referenced
Department of Defense Instruction (DoDi) 1205.21 (Reserve Component Incentive Programs Procedures) and stated:

	a.  Paragraph 6.8 states that if entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member’s written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date unless granted relief.

	b.  The addendum signed by the Soldier does not address the termination of bonus if he voluntarily changes his MOS.  Although, DoDi 1205.21 states that Soldier’s bonus will be terminate if they voluntarily change MOS prior to completion of the contract, it is not reasonable to assume the Soldier would have had knowledge of such.


5.  By regulation, DoDi 1205. 21, incentives will be terminated and monies recouped for reasons outlined in paragraph 6.8 and unless granted relief, the member must refund a prorata amount to the Government.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found the relief was warranted.  The applicant’s contentions and the advisory opinion were carefully considered.  The NGB advisory official recommended approval of his request based upon Department of Defense Instruction.  Based upon the preponderance of evidence, the Board agreed the applicant should retain the bonus and receive payments of monies already recouped.  The Board does not direct the Defense Finance and Accounting Services to apply recouped monies to members other debts nor provide correspondence to external credit agencies. 

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing he was fully eligible to retain the Student Loan Repayment Program incentive, and reimbursing him all monies recouped.

2.  The Board further determined 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 apply recouped money to his other debts and provide a letter to credit agencies.

	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Department of Defense Instruction (DoDi) 1205.21 (Reserve Component Incentive Programs Procedures) provides policy and procedures for the management of the Reserve components incentive programs.  Paragraph 6.8 states, if the entitlement to an incentive is terminated for any reason before the fulfillment of the service described in the member’s written agreement, that member shall not be eligible to receive any further incentive payments, except for payments for service performed before the termination date unless granted relief, the member must refund a prorate amount to the Government.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20170003981


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