ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 17 May 2019 DOCKET NUMBER: AR20180000929 APPLICANT REQUESTS: Correction of his record to remit/cancel his $2,222.22 Non- Prior Service Enlistment Bonus (NPSEB) debt. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 3540 (Certificate and Acknowledgement United States Army Reserve (USAR) Service Requirements and Methods of Fulfillment), dated 24 June 2009 * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 9 June 2010 * Orders Number 15-257-00060, dated 14 September 2015 * DD Form 2789 (Waiver/Remission of Indebtedness Application), dated 3 December 2017 * Defense Finance and Accounting Service (DFAS) letter, dated 11 January 2017 * driver license * Orders Number D-06-716501, dated 21 June 2017 FACTS: 1. The applicant states he received a letter in the mail saying he was overpaid in regards to his bonus. Prior he had not received any notification on the matter. He was told he did not serve his full contract, but was honorably discharged in 2017 after 2 years in the Individual Ready Reserve (IRR). In total he served the full 8 years of his contract and would like his record corrected. He never received due process. The letters sent to him were sent to an incorrect address. He was not given the chance to set up any payments due. The over payment has now been sent to collections, which is preventing his family from obtaining a Veterans Affairs loan. He would like the opportunity to set up payment and have it removed from his credit file. 2. A review of the applicant’s service records show the following on: * 24 June 2009 – enlisted in the USAR for a period of 8 years, in conjunction with this enlistment a Selected Reserve Incentive Policy (SRIP) addendum was completed showing the following in: * section 4 (Obligation) he was enlisting for 6 years in a bonus unit and bonus Military Occupational Specialty (MOS) 68S (Preventive Medicine Specialist) * section 5 (Entitlement) he was entitled to a $20,000.00 NPSEB, the initial 50% would be paid after receiving his high school diploma, completing initial active duty training to qualify in his MOS, 25% would be paid on the 2nd and 4th year of the enlistment term of service * section 7 (Termination): * the bonus would be terminated if the member became an unsatisfactory participant in accordance with Army Regulation (AR) 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements) * the bonus would be terminated if the member did not serve 6 years in a Selected Reserve unit as agreed to under the terms of the contract * 7 October 2009 – 9 June 2010, the applicant attended and completed initial entry training and advanced individual training in MOS 68S, and was honorably released from active duty to his USAR unit * 14 September 2015 – Orders Number 15-257-00060, issued by Headquarters, 88th Regional Support Command, Fort MCCOY, WI, reassigned the applicant from his contracted unit to the USAR Control Group (Reinforcement) effective 14 October 2015 * the applicants service records is void of a separation packet or any derogatory information 3. The applicant provides: * DA Form 3540 showing he agreed to serve a total of 8 years in the USAR, 6 years as an assigned member in the Selected Reserve and 2 years in the IRR and other methods of contractual fulfillment * DD Form 2789 showing a request for a waiver of his debt based on the debt notification being sent to an old address and he could not take appropriate action * DFAS letter showing his old address in which the debt notification was sent to * driver license showing his current address * Orders Number D-06-716501 honorably discharging him from the USAR effective 27 June 2017 4. On 3 December 2018, Headquarters, USAR Command (USARC) reviewed the applicant's records and rendered an advisory opinion in his case. After a thorough review, the Chief, Manning Division opined that: a. The applicant enlisted in the USAR on 24 June 2009, for a 6-year term, with a $20,000 NPSEB, in MOS 68S. The NPSEB was terminated on 16 November 2014, for unsatisfactory participation. AR 601-210 (Regular Army and Army Reserve Enlistment Program), chapter 10-8a(1) states "termination of eligibility to an incentive will occur if a Soldier becomes an unsatisfactory participant per AR 135-91." AR 135-91 states "Soldiers will be charged with unsatisfactory participation when, without proper authority, they accrue in any 12-month period a total of nine or more unexcused absences from scheduled inactive duty training periods." The applicant accrued 10 unexcused absences from 19 May 2012 to 17 March 2013, 20 unexcused absences from 22 February 2014 to 21 February 2015, and 18 unexcused absences from 22 February 2015 to 21 June 2015. His first unexcused absence occurring on 19 May 2012. Research found that the termination date of 16 November 2014 was incorrect. The applicant’s first unsatisfactory period of 19 May 2012 to 17 March 2013, should have terminated the NPSEB. During this time AR 601-210 directed the termination date of the NPSEB to be the date of the first unsatisfactory participation; therefore, the correct termination date is 19 May 2012. b. In regards to his notice of indebtedness being sent to the wrong address, the address in the finance system is currently what is reflected on the debt notice. Although he notified his unit of his new mailing address, he was still responsible for updating his address in MYPAY. Per USAR Pamphlet 37-1 (Finance Guide for USAR Soldiers), paragraph 2-11, "Soldiers should use MYPAY to change their mailing address." The USARC G-1 recommends disapproval of this request and recommends that the Board change the effective date of termination for the NPSEB from 16 November 2014, to 19 May 2012. A copy of the complete advisory opinion has been provided to the Board for their review and consideration. 5. The applicant was provided with a copy of this advisory opinion to give him an opportunity to respond and/or submit a rebuttal. He did not respond. 6. Department of Defense Instructions (DODI) 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. 7. AR 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. 1. There is insufficient evidence that the applicant completed the requirements to receive the Non Prior Service Enlistment Bonus (NPSEB), in Military Occupaitonal Specialty (MOS) 68S, Preventive Medicine Specialist. The applicant’s NPSEB was terminated on 16 November 2014 for unsatisfactory participation due to the applicant’s failing to meet the meet the requirement to accrue no more than 9 unexcused absences during a 12 month period. 2. Regarding a repayment plan, the Defense Finance and Accounting Service (DFAS) provided the applicant with instructions on how to set up a monthly installment plan in its letter to the applicant on 11 January 2017. 3. Regarding the incorrect address, the United States Army Reserve Command letter to the applicant dated 27 March 2018 explained that the applicant should use his MyPay account to update his mailing address. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : X :X :X DENY APPLICATION 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. 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. ADMINISTRATIVE NOTE(S): Not Applicable ? REFERENCES: 1. DODI 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. 2. AR 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180000929 3 1