ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

SUPPLEMENTAL RECORD OF PROCEEDINGS


	IN THE CASE OF:

	BOARD DATE:  28 January 2019

	DOCKET NUMBER:  AR20180006070


APPLICANT REQUESTS: 

In accordance with a group application submitted by the Office of the Assistant 
Secretary of the Army, Manpower and Reserve Affairs, to this Board, the applicant 
requests a record correction to show entitlement to the incentives received.  
Additionally, the applicant requests cancellation of recoupment action established by the 
California Army National Guard (CAARNG) Incentives Task Force (ITF) and 
reimbursement of all payments collected as a result of the recoupment action, as 
applicable

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Letter, CAARNG Notice of Indebtedness
*	National Guard Bureau (NGB) Advisory

FACTS:

1.  On 16 May 2018, an official with the California Army National Guard (CAARNG) 
requested ABCMR address the student loan repayment program recoupment in the 
amount of $2,000 which was not provided in the initial evidence for ABCMR Docket 
Number AR20170004501.

2.  At the time of the decision of the ABCMR in Docket Number AR20170002530, dated 
7 April 2017, it was the intent of the ABCMR to make the applicant's record as 
administratively correct as it should properly have been at the time.  The Board does not 
address an SLRP debt in the amount of $2,000.

3.  On 24 March 2000, the applicant enlisted in the CAARNG for a period of 6 years.  

5. On 3 August 2005, he was called to active duty in support of the Global War on 
Terrorism.  He served 4 months of net active service.  

4.  On 8 September 2005, while in an active status, he extended his contract for 1 year.  
In conjunction with his contract he executed a Reenlistment/Extension Bonus 
Addendum and understood for a 6-year reenlistment/extension he was to receive a total 
bonus of $15,000 to be paid in a lump sum payment to be processed on the date his 
reenlistment/extension contact takes effect (1 day after current ETS).   

5.  On 30 November 2010, he was honorably separated from the CAARNG. 

6.  The CAARNG were unable to provide an ITF audit or DD Form 139 (Pay Adjustment 
Authorization) establishing an SLRP debt.  

7.  On 21 September 2018, an official with the NGB provided an advisory 
recommending relief of recoupment in the amount of $2,647.50, it states, in pertinent 
part,  although the CAARNG provides a memorandum with the intent to recoup monies 
for the SLRP, the record is void of a CAARNG ITF audit for the incentive.   The 
CAARNG offered the SLRP incentive and the applicant served the full term of his 
contractual obligation in good faith and there is no evidence to demonstrate otherwise.  

8.  NDAA for FY17 states the Board shall evaluate the evidence in light most favorable 
to the Soldier when arriving at its findings and making its determinations. 

BOARD DISCUSSION:

After reviewing the application and all supporting evidence, the Board found, based 
upon the applicant serving his full obligation and the NGB advisory, full relief was 
warranted.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:X	:X	:X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a 
recommendation for relief.  As a result, the Board recommends that all Department of 
Army records of the individual concerned be corrected to show entitlement to the 
incentives received.  Additionally, the Board recommends cancellation of recoupment 
action established by the California Army National Guard (CAARNG) Incentives Task 
Force (ITF) and that the applicant be reimbursed all payments collected as a result of 
the recoupment action.
	 					___________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.





REFERENCES:

National Defense Authorization Action for Fiscal Year 2017 (NDAA FY17) Section 
671(c), Benefits Paid to Members of CAARNG, provides that the Secretary of Defense 
shall conduct a review of all bonus pays, special pays, student loan repayments, and 
similar special payments that were paid to members of the National Guard of the State 
of California during the period beginning on 1 January 2004 and ending on 31 
December 2015 to determine if any incentive payments paid to any member has been 
recouped and whether the recoupment was warranted.  


ABCMR Record of Proceedings (cont)	 AR20180006070

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