ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 11 June 2019 DOCKET NUMBER: AR20180014244 APPLICANT REQUESTS: Correction of his record to cancel/remit his $1,678.73 Reenlistment Bonus (REB) debt. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Memorandum, Subject: Agreement for Deployment Stabilization Pay, dated 17 July 2010 * National Guard Bureau (NGB) Form 600-7-3-R-E (Annex R to DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) REB Addendum), dated 19 February 2013 * DA Forms 4836 (Oath of Extension of Enlistment or Reenlistment), dated 17 July 2010 and 3 March 2013 * Memorandum, Subject: Request for Exception to Policy (ETP) for REB for the applicant, dated 5 October 2015 * Oklahoma Army National Guard (OKARNG) Form 17-1-E (Separation/Discharge/Inactive National Guard Request), dated 13 March 2016 * NGB Form 22 (Report of Separation and Record of Service), dated 24 August 2016 * Orders Number 251-036, dated 7 September 2016 * ARNG current annual statement, dated 2 April 2017 * Defense Finance and Accounting Service (DFAS) debt letter, dated 11 August 2017 * U.S. Department of the Treasury letter, dated 29 August 2018 FACTS: 1. The applicant states he completed the required 36 months per his contract. He has documents showing his reenlistment date and Expiration Term of Service (ETS), which are exactly 36 months apart. The records indicate he only completed 24 months. 2. A review of the applicant’s service records show the following on: * 17 July 2010 – the applicant’s record is void of a DD Form 4, however, DA Form 4836 shows he enlisted in the OKARNG on 25 March 2005, in conjunction with this extension he agreed to extend his service obligation by 17 months for the deployment extension stabilization pay * 3 March 2013 – the applicant extended his enlistment by a period of 3 years which changed his ETS from 24 August 2013 to 24 August 2016, DA Form 4836 shows bonus control number R13030131OK, he endorsed this form with his electronic signature, in conjunction NGB Form 600-7-3-R-E was completed * he agreed to extend in military occupational specialty 12B (Combat Engineer) for 3 years * he would receive a bonus in the amount of $5,000.00 * the bonus would be processed affective the day after his current ETS as a lump sum payment * he endorsed this from with his signature * 5 October 2015 – by memorandum, the applicant was notified his request for ETP to retain the $5,000.00 REB was approved because an incentive was offered at the time of contract and he had fulfilled his obligations under the contract * 3 April 2016 – the applicant requested and was approved by his chain of command for an ETS date of 24 August 2016 due to no military service obligation * 7 September 2016 – Orders Number 251-036, issued by Joint Forces Headquarters, OKARNG, honorably discharged the applicant from the ARNG by reason of ETS, effective on 24 August 2016 3. The applicant provides: * NGB Form 22 showing he was honorably discharged from the ARNG by reason of ETS * ARNG current annual statement showing he had 11 years of creditable service for retirement pay * DFAS letter wherein he was informed he had a $1,668.07 debt related to an unearned portion of his bonus due to his unit reporting he only satisfactorily performed 24 months of his contract * U.S. Department of the Treasury letter wherein he was informed his debt was now $1,678.73 and was referred to them for collection 4. Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interest of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty). Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled. 5. 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. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents, evidence in the records and the approved exception to policy regarding his bonus. The Board discussed the terms of his bonus, his period of service and determined, by preponderance of evidence that his had fulfilled the terms of his contract and served the requires 36 months to retain the bonus. 2. After reviewing the application and all supporting documents, the Board found that 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 the Army records of the individual concerned be corrected by showing that his reenlistment bonus debt of $1,668.07 was cancelled and that he was refunded any previous collections as a result of his completion of all required obligated service. 2 July 2019 X Chairperson Signed by: 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. AR 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States, the debt was incurred while on active duty or in an active status, and the Soldier received an honorable discharge (if separated from active duty). Under Title 10, United States Code (USC), section 4837 a debt acknowledged as valid may be remitted or cancelled. 2. 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.