IN THE CASE OF: BOARD DATE: 8 December 2021 DOCKET NUMBER: AR20210012917 APPLICANT REQUESTS: remission of debt associated with a previously received Prior Service Enlistment Bonus (PSEB). 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 U.S.), dated 3 October 2017 * Unit Manning Report, dated 24 June 2020 * Email Communication * Leave and Earnings Statement (LES), dated 24 June 2020 * Orders Number D-05-610608, dated 10 May 2016 * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Reserve Annex (Certificate and Acknowledge U.S. Army Reserve (USAR) Service Requirements and Methods of Fulfillment), dated 3 October 2017 * DA Form 5261-5 (Selected Reserve Incentive Program (SRIP) – USAR PSEB Addendum), dated 3 October 2017 * Orders Number 18-179-00126, dated 28 June 2018 * DA Form 1059 (Service School Academic Evaluation Report) FACTS: 1. The applicant states in pertinent part that his previously received PSEB is currently being recouped from his monthly pay. He contests that the recoupment was noted during an audit of his pay records that occurred several years after he received the bonus. The total amount being recouped was $11,250.00; current balance of $9,487.90 at the time of application. He argues that he met all of the contractual obligations to retain the PSEB. The current recoupment is due to no fault of his and to date, he has not received a notification of indebtedness from his assigned unit. 2. A review of the applicant's available service records reflects the following: a. On 9 May 2008, the applicant enlisted in the Army National Guard (ARNG) for 8 years, to serve in Military Occupational Specialty (MOS) 31B (Military Police). In connection with this enlistment, the applicant received a $20,000.00 enlistment bonus to be paid in 2 increments (50 percent upon completion of Initial Active Duty Training (IADT) and award of his MOS, remaining 50 percent upon reaching his 36-month anniversary of enlistment). b. On 29 July 2008, the applicant was ordered to active duty. c. On 16 December 2008, the applicant was released from active duty following the completion of his IADT as a 31B. d. On 8 May 2014, the applicant was honorably discharged from the ARNG and transferred into the U.S. Army Reserve (USAR) Control Group (Reinforcement). e. On 10 May 2016, HRC issued Orders Number D-05-610608 honorably discharging the applicant from the USAR Control Group (Reinforcement). f. On 3 October 2017, the applicant enlisted in the USAR for 6 years, to serve as a 36B (Financial Management Specialist). In connection with this enlistment, the applicant received a $15,000.00 PSEB. g. On 9 February 2018, the applicant completed Phase II of the Financial Management Technician (36B) course. h. On 28 June 2018, Headquarters, 88th Readiness Division issued Orders Number 18-179-00126 retroactively awarding the applicant the 36B MOS effective 9 February 2018. 3. The applicant provides the following a: a. Unit Manning Report, dated 24 June 2020, reflective of the applicant being assigned as a 36B with the 384th Military Police Battalion, effective 3 October 2017. b. Email Communication reflective of an electronic conversation concerning the recoupment of the applicant's NPSEB wherein the applicant was advised to request an Exception to Policy (ETP) citing the signed bonus agreement. Upon review, it was noted that the applicant should not have been entitled to the PSEB since he had previously received a NPSEB. c. LES, dated 24 June 2020, reflective of $266.97 being deducted from the applicant's pay due to a previously received PSEB; $11,250.00 (total debt being recouped), $10,983.03 (total remaining balance). d. DD Form 214, dated 2 June 2013, reflective of the applicant's service on active duty from 23 June 2012 – 2 June 2013, in support of Operation Enduring Freedom. e. DA 5261-5 (SRIP – USAR PSEB Addendum), dated 3 October 2017, reflective of the applicant contracting to serve in the USAR for 6 years as a 36B with entitlement to a $15,000.00 PSEB to be paid in 3 increments (50 percent upon award of the 36B MOS, 25 percent at the end of the 2nd and 4th year of satisfactory service). This document is void of evidence related to a Bonus Control Number being issued. 4. On 20 September 2021, the U.S. Army Reserve Command (USARC) Human Resources (G-1) office provided an advisory opinion recommending denial of the applicant's requested relief citing that the applicant enlisted into the USAR on 3 October 2017, for a 6-year term with a $15,000.00 PSEB incentive, in MOS 36B. The applicant initially entered military service by enlisting into the ARNG on 9 May 2008 and received a Non-Prior Service Enlistment Bonus (NPSEB). The USAR Pay Center identified that the applicant was erroneously receiving PSEB payments during an annual audit review and therefore initiated recoupment procedures. Department of Defense Instruction (DoDI)1304.34 (General Bonus Authority for Officers) [sic], dated 12 March 2013, prohibits service members who have previously received an enlistment or selected retention bonus from receiving subsequent enlistment bonuses. The applicant erroneously received monetary incentives that he was not eligible to receive and the USAR Pay Center took the appropriate corrective action. 5. On 12 November 2021, the applicant was provided with a copy of the advisory opinion and afforded 15 days to provide comments. As of 6 December 2021, the applicant had not responded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, U.S. Army Reserve Command (USARC) Human Resources (G-1) advisory opinion and regulatory guidance. The Board considered the applicant’s statement, his military service record, the review and conclusion of the (USARC) Human Resources (G-1) opinion and documents provided by the applicant. The Board concurred with the (USARC) Human Resources (G-1) opinion finding insufficient evidence to support the applicant’s endorsement for debt cancellation. Evidence in the record show the applicant enlisted into the USAR on 3 October 2017, for a 6-year term with a $15,000.00 PSEB incentive, in the MOS 36B. The applicant initially entered military service by enlisting into the ARNG on 9 May 2008 and received a Non-Prior Service Enlistment Bonus (NPSEB). Based on the evidence in the record the applicant was erroneously receiving PSEB payments during an annual audit review they initiated recoupment procedures. Based on a preponderance of evidence, the Board determined there was insufficient evidence of an error or injustice which would warrant cancellation or remission of the applicant’s indebtness. 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. Department of Defense 7000.14-R (Financial Management Regulation) provides that a service member may not be paid a Prior Service Enlistment Bonus (PSEB) if he/she has previously received an enlistment bonus. 2. Army Regulation (AR) 601-210 (Regular Army and Army Reserve Enlistment Program) provides entitlement to an incentive will be terminated when it is determined that a service member was not eligible to receive incentive payments or has reached the maximum benefit authorized. Once declared ineligible, termination of an incentive would not affect the Soldier's responsibility to serve his or her current statutory or contractual service commitment. Members who are not granted relief through the waiver process for incentives received must refund a pro-rata amount to the Government. Cases considered for waiver or exception are those in which recoupment would be contrary to personnel policy or other management objectives, against equity or good conscience or contrary to the best interests of the United States, and clearly in the best interest of the Army. 3. 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. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, section 4837 when the debt is incurred while not on active duty or in an active status. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210012917 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1