ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	

	BOARD DATE:  23 July 2019

	DOCKET NUMBER:  AR20180016779


APPLICANT REQUESTS: 

*	records corrected to show no violation to his Selected Reserve Incentive Policy 
(SRIP) bonus contract 
*	cancellation of associated debt
*	repayment of all funds collected

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record)
*	Defense Finance and Accounting Service (DFAS) Letter of Recoupment 
*	DD Form 139 (Pay Adjustment Authorization)
*	Memorandum Subject: Termination of Bonus for [applicant] 
*	Soldier Summary
*	NGB 22 (National Guard Bureau Report of Separation and Record of Service)
*	Army National Guard Retirement Point History Statement
*	Debt and Claims Management 
*	Email Correspondence from Florida Army National Guard State Incentive 
Manager

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 states he was issued a Letter of Recoupment from the Defense 
Finance and Accounting Service (DFAS) stating that he satisfactory performed 51 
months of his 72 month contract with the Florida Army National Guard (FLARNG), and 
that the unearned portion of his bonus of $5,833.33 is due for recoupment.  He reports 
this is incorrect, he completed all 72 months of his contract with no violations to his 
bonus contract per the Selected Reserve Incentive Policy (SRIP).  He is requesting the 
correction of documents, cancellation of the debt, and repayment of all funds collected.

3.  The applicant provided:

*	DFAS Letter of Recoupment – showing DFAS notifying applicant he owes a debt 
for failure to complete 72 months of enlistment contract 
*	DD Form 139 (Pay Adjustment Authorization) – which explains effective                      
27 September 2013, the applicant completed service with FLARNG with no 
violations to his bonus contract per SRIP
*	Memorandum Subject: Termination of Bonus for [applicant] – shows on                         
28 March 2007, the applicant was paid $20,000.00 bonus in full; there were no 
violations to his bonus contract per SRIP, termination was erroneous, and he 
should not be held accountable
*	Soldier Summary – shows control number for bonus, $20,000.00 paid out on 
29 March 2010
*	NGB 22 (National Guard Bureau Report of Separation and Record of Service) – 
shows the applicant completed 6 years of net service 
*	Army National Guard Retirement Point History Statement – shows his 6 years of 
service, and he has 920 points towards retirement 
*	Debt and Claims Management – the applicant inquired about the debt attempting 
to correct the error
*	Email Correspondence from Florida Army National Guard State Incentive 
Manager – shows the applicant was instructed to file a case with Army Board for 
Correction of Military Records (ABCMR)

4.  A review of the applicant’s records show:

*	28 September 2007 – he enlisted in the FLARNG 
*	28 September 2007 – he signed Annex E to DD Form 4 (Enlistment/Reenlistment 
Document Armed Forces of the United States) showing he received a 
$20,000.00 bonus for completing 6 years/ 72 months in paid drills 
*	27 September 2013 – he was honorably discharged from FLARNG 
*	23 January 2017 – he received a letter from DFAS recouping unearned bonus
*	8 March 2017 – he received a memorandum from FLARNG Adjutant General 
Office, State Incentive Manager showing effective 27 September 2013, the 
applicant had no violation to his bonus contract per the SRIP

5.  See REFERENCES below for further applicable regulations and policy to this case.

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, his record of 
service, the terms of his incentive, his NGB 22 and ARNG Retirement Points History 
Statement, the DFAS notification of debt, the Pay Adjustment Authorization submitted 
by the FLARNG, the reason for his separation and the memorandum from the Florida 
National Guard State Incentive Manager.  The Board found no evidence that the 
applicant violated the terms of his enlistment bonus memorandum and that termination 
of his incentive and any associated debt was in error.

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 to show:
-	The applicant completed his obligated service, met the terms of his incentive 
contract and remained eligible for the entire amount of his bonus;
-	The termination of his bonus was erroneous, and any associated debt is 
cancelled, and;
-	Any money recouped as a result of the erroneous termination will be 
reimbursed to the applicant.


	  
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.  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.  Army National Guard (ARNG) Selected Reserve Incentive Program (SRIP) 
Guidance for Fiscal Year (FY) 2007, 1 January 2007 - 31 January 2007 (Policy Number 
07-04), dated 1 January 2007 prescribes the guidance for M-Day ARNG Soldier to 
receive the SRIP.  It states, 

     a.  Re-enlisment/Extension Bonus (REB): The ARNG offers a REB to Soldiers who 
meet the following eligibility requirements:

*	extend for three or six-years
*	be qualified in the Military Occupational Specialty for the position for which 
extending
*	extend in a valid, vacant position, or against a projected vacancy
*	have not more than 20-years time in service at current Expiration Term of 
Service (ETS)
	
	b.  REB Options and Payment Schedule:

*	the ARNG offers a $ 15,000 REB to Soldiers who re-enlist or extend for six-
years
*	Soldiers will receive their REB in a lump-sum payment, which is payable upon 
the effective date of the new contract (day after current contractual ETS)
*	the ARNG offers a $7,500 REB to Soldiers who re-enlist or extend for three-
years
*	Soldiers will receive their REB in a lump-sum payment, which is payable upon 
the effective date of the new contract (day after current contractual ETS)

	c.  Termination with Recoupment: 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 the member must refund a prorated amount to the Government, if such 
termination is for any of the following reasons:

*	fails to participate satisfactorily in required training during the entire period of 
service agreed to, in accordance with the written agreement, unless the 
failure to participate satisfactorily was due to reasons beyond the control of 
the member (i.e., death, injury, illness, or other impairment)
*	separates from the ARNG for any reason (including enlistment or voluntary 
order to active duty in the active forces)
*	moves to a non-bonus skill or unit, unless the move is required by the ARNG
*	fails to extend the contracted term of service for a period of authorized non-
availability
*	accepts an Active Guard and Reserve (AGR) position or a Military Technician 
(Mil Tech) position where membership in the ARNG is a condition of 
employment, and member has not served at least six months of the incentive 
contract term
*	serves one year or less of an enlisted incentive contract term upon entry into 
the Simultaneous Membership Program (SMP), Reserve Officer Training 
Corps (ROTC) Advanced Course or ROTC Control Group
 
3.  National Defense Authorization Act for Fiscal Year 2017 states at Subtitle F—Other 
Matters SEC. 671. RECOVERY OF AMOUNTS OWED TO THE UNITED STATES BY 
MEMBERS OF THE UNIFORMED SERVICES STATUTE OF LIMITATIONS.—Section 
1007(c)(3) of title 37, United States Code, is amended by adding if the indebtedness of 
a member of the uniformed services to the United States occurs, through no fault of the 
member, as a result of the overpayment of pay or allowances to the member or upon 
the settlement of the member’s accounts, the Secretary concerned may not recover the 
indebtedness from the member, including a retired or former member, using deductions 
from the pay of the member, deductions from retired or separation pay, or any other 
collection method unless recovery of the indebtedness commences before the end of 
the 10-year period beginning on the date on which the indebtedness was incurred. 


ABCMR Record of Proceedings (cont)	 AR20180016779
	
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