ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:  

                  BOARD DATE:  11 October 2019

                  DOCKET NUMBER:  AR20190011340

APPLICANT REQUESTS:  reduce his bonus debt from $13,333.33 to $3,333.33.

APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:  

*	DD Form 149 (Application for Correction of Military Record)
*	Memorandum from Joint Force Headquarters, Kentucky Army National Guard 
(KYARNG)

FACTS:

1.  The applicant states:
*	his debt was originally set at $13,333.33 because of an error/glitch in the 
KYARNG incentives system
*	his debt should have been $3,333.33
*	he was notified of the glitch in the system in 2014 or 2015
*	he didn't hear anything about it again until August 2018

2.  The applicant provides a memorandum from Joint Force Headquarters, KYARNG to 
the United States Property and Fiscal Office of the KYARNG, dated 9 October 2018, 
which states in pertinent part:

*	the purpose of the memorandum was to reduce the bonus recoupment amount 
incorrectly charged to the applicant
*	the applicant received a non-prior service enlistment bonus of $20,000
*	he received two payments from Defense Finance and Accounting Service 
(DFAS) in the amount of $10,000 each
*	the applicant was discharged from the KYARNG early and did not fulfill his bonus 
contract obligation
*	the KYARNG incentives department is only recouping $3,333.33 from the 
applicant 
*	the KYARNG incentives system that reports recoupment to DFAS encountered a 
glitch
*	it reported the applicant had a $13,333.33 debt to be paid back
*	DFAS is requiring the minimum payment of $376 be paid monthly
*	the adjustment to DFAS needs to be made as soon as possible
*	the system error is at no fault of the applicant

3.  The applicant's service records contain the following documents for the Board's 
consideration:

*	his bonus addendum agreeing to serve 6 years for the enlistment bonus of 
$20,000, dated 14 August 2007
*	an NGB Form 22 (Report of Separation and Record of Service) showing he was 
discharged with a general, under honorable conditions, under the authority of 
NGR 600-200, 6-35h alcohol or other substance abuse rehabilitation failure, 
effective 2 March 2013 with 5 years, 6 months, and 19 days of service
*	a Memorandum from National Guard Bureau denying his request for an 
exception to policy to retain his $20,000.00 non-prior service enlistment bonus 
due to not completing his service obligation

4.  Department of Defense Instruction Number 1205.21 (Reserve Component Incentive 
Programs Procedures) states in Paragraph 6.8.2, persons who separate from the 
Selected Reserve for any reason will lose their bonus with recoupment.

5.  National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) 
states to calculate enlistment bonus recoupment or balance due as follows:    

    a.  Multiply the number of months served satisfactorily during the term for which the 
incentive was authorized by the proportionate monthly dollar amount.  (The 
proportionate monthly dollar amount will be determined by dividing the total authorized 
enlistment bonus amount by 72 months).

     b.  Subtract that amount from the total bonus paid to the soldier to date (initial plus 
any later payments).

     c.  If the calculation indicates overpayment to the soldier, that amount will be 
recouped.

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found the 
requested relief is warranted.

2.  The Board noted that the Kentucky National Guard has confirmed that the intent was 
to only recoup $3,333.33 of the $20,000 enlistment bonus the applicant received, but a 
systems error resulted in a debt amount of $13,333.33 being transmitted to DFAS.  The 
Board agreed that the memorandum from the Kentucky National Guard confirming the 
intended amount of recoupment is a sufficient basis for a recommendation to grant 
relief.  


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 and Army National Guard records of the individual concerned be corrected by 
showing the amount of his enlistment bonus to be recouped is $3,333.33 and returning 
to him any monies he may be due, if any, as a result of this correction.

												 
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. Department of Defense Instruction Number 1205.21 (Reserve Component Incentive 
Programs Procedures) states in Paragraph 6.8.2, persons who separate from the 
Selected Reserve for any reason will lose their bonus with recoupment.

2.    National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Programs) 
states to calculate enlistment bonus recoupment or balance due as follows:    

    a.  Multiply the number of months served satisfactorily during the term for which the 
incentive was authorized by the proportionate monthly dollar amount.  (The 
proportionate monthly dollar amount will be determined by dividing the total authorized 
enlistment bonus amount by 72 months).

     b.  Subtract that amount from the total bonus paid to the soldier to date (initial plus 
any later payments).

     c.  If the calculation indicates overpayment to the soldier, that amount will be 
recouped.


                                                //NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)		AR20190011340
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