IN THE CASE OF:  

		BOARD DATE:  7 May2020

		DOCKET NUMBER:  AR20180009109


APPLICANT REQUESTS: Correction of her record to show cancellation/remission of 
her reenlistment bonus debt.


APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United 
	States), dated 4 December 2016
*	DA Form 3540 (Certificate and Acknowledgement of U.S. Army Reserve (USAR) 
	Service Requirements and Methods of Fulfillment), dated 4 December 2016
*	Selected Reserve Incentive Program (SRIP) USAR Reenlistment Bonus 
	Addendum, dated 4 December 2016
*	Orders Number 18-068-00005, dated 9 March 2018
*	Leave and Earnings Statement (LES), dated 20 April 2018

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 (ABCMR) 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 states while living in San Antonio, TX and assigned to the Texas Army 
National Guard (TXARNG) she elected to go into the Individual Ready Reserves (IRR) 
in May 2016.  In October 2016, she changed status from the IRR to a Troop Program 
Unit (TPU).  She acknowledges that she was aware of the stipulations surrounding her 
reenlistment in Unit Identification Code (UIC) WxxxA2, signed on 4 December 2016.  
However, at the time of reenlistment, she had no intentions of moving from San Antonio.  
Later in 2017, a career opportunity presented itself and she accepted a position within 
the Federal Government and moved to McLean, Virginia on 23 September 2017.  She 
transferred into a local unit on 1 March 2018.  She is a single parent in a one income 
household, and this debt collection is becoming a huge financial burden for her and her 
family.  Based on the above, she requests a waiver of repayment.
3.  A review of the applicant’s official records show the following on:

	a.  On 30 March 2005, having had prior enlisted service in the Regular Army, the 
applicant enlisted in the TXARNG and served in various positions.

	b.  On 14 May 2016, the applicant was honorably released from the ARNG and 
transferred to the USAR Control Group (IRR). 

	c.  On 4 December 2016, the applicant enlisted in the USAR for a period of six 
years.  In conjunction with this enlistment the SRIP bonus addendum was completed 
showing she understood the following in:

		(1)  Section 3 (Acknowledgement), item 3, she was qualified in Military 
Occupational Specialty (MOS) 42A (Human Resources Specialist) and was enlisting in 
unit identification code WxxxA2 that has been approved as a bonus unit.

		(2)  Section 4 (Obligation) she was enlisting in the USAR for 6 years and she 
must serve the entire period in the USAR Selected Reserve.

		(3)  Section 5 (Entitlement) she was enlisting for 6 years for a $12,000.00 bonus 
in accordance with the SRIP list.  

		(4)  Section 8 (Termination) her entitlement to the bonus could be terminated if 
she voluntarily moved to a non-bonus unit.

		(5)  Section 9 (Recoupment) if her bonus was terminated for a reason listed in 
section eight she may be subject to a recoupment action.

		(6)  She endorsed this form with her signature.

	d.  The applicant’s records contain a DA Form 2166-9-1 (Noncommissioned Officer 
Evaluation Report) showing she was assigned to the 328th Human Resources 
Company, TPU, Fort Sam Houston, TX.

	e.  On 9 March 2018, Orders Number 18-068-00005, issued by Headquarters,                   
63rd Readiness Division, released the applicant from her current assignment by reason 
of TPU to TPU outside of the command, effective on 1 March 2018.

4.  The applicant provides:

	a.  DA Form 3540 showing the requirements to fulfill her current enlistment in the 
USAR.

	b.  LES showing at the time she had a debt of $10,769.90.

5.  On 9 March 2020, Headquarters, USAR Command (USARC) reviewed the 
applicant's records and rendered an advisory opinion in her case.  After a thorough 
review, the Chief, Manning Division opined that;

	a.  The applicant reenlisted in the USAR on 4 December 2016 for a 6-year term with 
a $12,000.00 reenlistment bonus, in MOS 42A.  Her bonus was terminated because she 
voluntarily transferred to a non-bonus unit.  Army Regulation (AR) 601-210 (Regular 
Army and Reserve Components Enlistment Program), chapter 10-8a(5) states 
"Termination of eligibility to an incentive will occur if a Soldier-Voluntarily moves to a 
non-bonus unit or MOS."  AR 601-210, chapter 10-9a states "recoupment conditions in 
this paragraph cover all incentives.  Members who are not granted relief through the 
wavier process for incentives received must refund a pro-rata amount to the 
Government when termination is due to reasons outlined in paragraph 10-8."  The debt 
owed is for the 57 months the applicant did not serve in the bonus unit.

	b.  The USARC G-1 recommends disapproval of this request based on the fact that
the applicant failed to complete her full 6-year commitment before requesting a
voluntary transfer to a non-bonus unit.

6.  The applicant was provided with a copy of this advisory opinion to give her an 
opportunity to respond and/or submit a rebuttal.  She did not respond.

7.  Department of Defense Instructions (DODI) 1205.21 (Reserve Component Incentive 
Programs Procedures) requires each recipient of an incentive to sign a written 
agreement.  The agreement must clearly specify the terms of the Reserve Service 
commitment that authorizes the payment of the incentive.

8.  AR 601-210:

	a.  Chapter 10-8a(5) states entitlement to an incentive will be terminated when the 
member voluntarily moves to a non-bonus unit or MOS.

	b.  Chapter 10-9a states members who are not granted relief through the waiver 
process for incentives received must refund a pro-rata amount to the Government when 
termination is due to reasons outlined in paragraph 10–8.

9.  AR 600-4 (Remission or Cancellation of Indebtedness) a Soldier’s debt may be 
remitted or canceled arising from debts incurred while serving on active duty or in an 
active status and debts acknowledged as valid. 


BOARD DISCUSSION:

1.  The Board carefully considered the applicant’s request, supporting documents and 
evidence in the records.  The Board considered the applicant’s statement, her record of 
service, the terms of her contract, her relocation to a non-bonus unit and the termination 
of her incentive.  The Board considered the review and conclusions of the USARC 
advising official and concurred that the applicant’s eligibility to retain her bonus was 
terminated after her voluntary transfer to a non-bonus unit.  The Board found insufficient 
evidence of circumstances that would support remission or cancellation of the debt.  
Based on a preponderance of evidence, the Board concluded that the applicant’s debt 
was not in error or unjust.

2.  After reviewing the application and all supporting documents, the Board found that 
relief was not warranted.
?
BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XX	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.


?
REFERENCES:

1.  Title 10, USC, 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 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.

2.  DODI 1205.21 (Reserve Component Incentive Programs Procedures) requires each 
recipient of an incentive to sign a written agreement.  The agreement must clearly 
specify the terms of the Reserve Service commitment that authorizes the payment of 
the incentive.

3.  AR 601-210 (Regular Army and Reserve Components Enlistment Program):

	a.  Chapter 10-8a(5) states entitlement to an incentive will be terminated when the 
member voluntarily moves to a non-bonus unit or MOS.

	b.  Chapter 10-9a states members who are not granted relief through the waiver 
process for incentives received must refund a pro-rata amount to the Government when 
termination is due to reasons outlined in paragraph 10–8.

4.  AR 600-4 (Remission or Cancellation of Indebtedness) a Soldier’s debt may be 
remitted or canceled arising from debts incurred while serving on active duty or in an 
active status and debts acknowledged as valid. 

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20180009109


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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