IN THE CASE OF:

		BOARD DATE: 19 July 2023

		DOCKET NUMBER: AR20230001041


APPLICANT REQUESTS:  

*	reconsideration of his previous request for remission of debt associated with 
previously received enlistment bonus
*	a personal appearance via video or telephone

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Self-authored letter
*	Defense Finance and Accounting Service (DFAS) letter, 12 September 2022
*	DFAS Debt and Claims letter, 13 October 2022
*	Web articles


FACTS:

1.  Incorporated herein by reference are military records which were summarized in the 
previous consideration of the applicant's case by the Army Board for Correction of 
Military Records (ABCMR) in Docket Number AR20130002998 on 5 November 2013.

2.  The applicant states in pertinent part that in conjunction with his 2007 enlistment in 
the Army National Guard (ARNG), he elected to receive a $20,000.00 enlistment bonus 
and enrollment in the Student Loan Repayment Program (SLRP) ($20,000.00). He 
contests that he never received any payment under the SLRP despite submitting 
documentation. Therefore, he would like for his current debt of $6,041.33 adjusted since 
he never received any loan payments under the SLRP. He would also like an 
investigation conducted to determine why his loans were never paid. He denies being 
aware of the debt until 29 October 2022. In a self-authored letter, he provides that he is 
a test subject for an experimental program pertaining to classified technology of mind 
reading/mind control radar. He notes that at the end of his active-duty career, he 
believes that the "Mind Control Radar" people at the Department of Defense, did not 
want him to enlist in the ARNG. He enlisted because he was in debt for over 
$100,000.00 worth of student loans. This letter is further provided in its entirety within 
the supporting documents for the Board's review. 

3.  A review of the applicant's available service records provides the following: 

   a.	After serving on active duty for more than 4 years as a 68W (Health Care 
Specialist), on 13 November 2007, the applicant was released from active duty and 
transferred into the U.S. Army Reserve Control Group (Reinforcement).

   b.	On 14 November 2007, the applicant enlisted in the Washington ARNG for  
6 years with entitlement to the SLRP and a $20,000.00 Affiliation Bonus (AB) as a 68W 
to be disbursed in one lump sum payment upon enlistment. National Guard Bureau 
(NGB) Form 600-7-4-R-E (Annex B to DD Form 4 – Enlisted Affiliation Bonus 
Addendum ARNG), Section VI (Termination with Recoupment) provides 
acknowledgement by the applicant, that termination of his entitlement to the AB with 
recoupment will occur if the applicant exceeds the maximum time in the Inactive 
National Guard (ING) or separates from the ARNG for any reason unless due to injury, 
illness or other impairment not the result of own misconduct. NGB Form 600-7-5-R-E 
(Annex L to DD Form 4 (Student Loan Repayment Program Addendum)), Section IV 
(Suspension) provides acknowledgment by applicant that his entitlement to the SLRP 
would be suspended if he entered into a period of non-availability (placement in the 
ING). The maximum period of non-availability is 1-year for personal reasons and  
3-years for missionary. Reinstatement of the bonus eligibility is not guaranteed. 
Termination will occur if the service member fails to extend their enlistment for the time 
served in the ING or exceeds the maximum time in the ING. 

   c.	On 5 December 2007, the U.S. Army Human Resources Command (AHRC) 
issued Orders Number C-12-732174 reassigning the applicant to the Washington 
ARNG, effective 14 November 2007.

   d.	On 10 July 2008, the applicant voluntarily transferred into the Colorado ARNG.

   e.	On 13 March 2009, the applicant voluntarily transferred into the Illinois ARNG 
(ILARNG).

   f.	On 18 June 2009, the ILARNG issued Orders Number 169-159 transferring the 
applicant into the ING, effective 7 June 2009. The applicant remained in the ING from  
7 June 2009 until 27 March 2012.

   g.	On 14 April 2010, the ILARNG issued Orders Number 104-065 withdrawing the 
applicant's military occupational specialty (68W), effective 6 April 2010, due to his 
certification expiration.

   h.	On 4 June 2012, the applicant was notified that the State Surgeon found him 
medically unfit for continued military service due to a "Not in Line of Duty" related 
impairment. 

   i.	On 31 July 2012, the ILARNG issued Orders Number 213-020 discharging the 
applicant from the ARNG and as a reserve of the Army, effective 30 July 2012. 

4.  The applicant provides the following a: 

   a.	DFAS letter dated 12 September 2022, reflective of the applicant being notified of 
the collection of a debt owed to the U.S. government.

   b.	DFAS Debt and Claims letter dated 13 October 2022, reflective of the applicant 
being advised of a $6,041.33 debt owed to the U.S. government. The reason for the 
debt is not provided. 

   c.	Web articles reflective of information pertaining to research conducted pertaining 
to Human Brain to Brain Interference, Brain Decoding, Deep Image Reconstruction from 
Human Brain Activity, Remote Neural Monitoring etc. These documents are provided in 
their entirety for the Board's review within the supporting documents. 

5.  On 5 November 2013, in Docket Number AR20130002998, the Board denied the 
applicant's request for cancellation of his AB debt in the amount of $20,000.00 noting 
that the evidence presented did not demonstrate the existence of a probable error or 
injustice. The applicant noted that he was medically discharged due to psychiatric 
issues. However, his medical discharge was not the basis for his for the termination of 
his AB. Instead, the termination was due to him remaining in the ING for more than 1-
year. 


BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, the Board found that relief was not warranted. The Board 
carefully considered the applicant's record of service, documents submitted in support 
of the petition and executed a comprehensive and standard review based on law, policy 
and regulation. Upon review of the applicant’s petition and available military records, the 
Board determined there was insufficient evidence to support remission of debt 
associated with the applicant’s previously received enlistment bonus.  Evidence in the 
record show the applicant’s SLRP was terminated due to him remaining in the ING for 
more than a year which was longer than allowed. 

2.  The Board agreed the applicant acknowledgement of understanding, that termination 
of his entitlement to the AB with recoupment would occur if the applicant exceeds the 
maximum time in the Inactive National Guard (ING) or separates from the ARNG for any 
reason unless due to injury, illness or other impairment not the result of own 
misconduct. Furthermore, the Board determined there was sufficient evidence the 
applicant understood the requirements associated with his SLRP. Based on the 
preponderance of evidence the Board found no error or injustice that would warrant 
remission of debt associated with previously received enlistment bonus and denied 
relief to amend the previous Board decision.

3.  The applicant’s request for a personal appearance hearing was carefully considered.  
In this case, the evidence of record was sufficient to render a fair and equitable 
decision.  As a result, a personal appearance hearing is not necessary to serve the 
interest of equity and justice in this case.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:X	:X	:X	DENY APPLICATION


?
BOARD DETERMINATION/RECOMMENDATION:

The Board found 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 to amend the decision of the ABCMR set forth in Docket 
Number AR20130002998 on 5 November 2013.


	 
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.  National Guard Regulation (NGR) 600-7 (Selected Reserve Incentive Program) 
provides that the Enlisted Affiliation Bonus (AB) incentive is offered to an applicant who 
is a former enlisted member of an armed force who enlists in the Selected Reserve 
(SELRES) of an armed force for a period of not less than three years in a critical skill, 
unit, or pay grade designated by the Secretary concerned, after being discharged or 
released from active duty under honorable conditions. Soldier must execute a written 
agreement to serve as enlisted member in the SELRES and meet the eligibility criteria 
for affiliation as prescribed by governing law. Termination with recoupment is defined as 
termination of the incentive in which the Soldier is entitled to a prorated incentive 
amount based on the number of months served satisfactorily prior to the incentive 
termination date. The Soldier may be required to pay funds back to the government or 
the Soldier may be entitled to a payment. Termination with recoupment will occur, if a 
Soldier exceeds the maximum authorized period of non-availability or fails to extend the 
contracted term of service for an authorized period of non-availability within 90 days of 
returning to active drilling status. Termination date is effective the date of transfer into 
the ING or IRR. 

2.  Department of Defense Instruction (DODI) 1205.21 (Reserve Component Incentive 
Program Procedures) states in Paragraph 6.2, 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. Paragraph 6.8.2 states, a Soldier's incentive will be terminated with 
recoupment if they separate from the Reserves for any reason (including enlistment or 
voluntary order to active duty in the active forces).

3.  NGR 614-1 (Assignment, Details and Transfers – Inactive National Guard) provides 
that Soldiers temporarily transferred to the ING will be suspended from the SRIP while 
in the ING. Soldiers who remain in the ING for more than one year will have their 
participation in the SRIP terminated and may be subject to recoupment of incentives 
previously received.

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 
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. 

5.  AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military 
records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in 
its discretion, hold a hearing or request additional evidence or opinions. Additionally, it 
states in paragraph 2-11 that applicant's do not have a right to a hearing before the 
ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice 
requires.
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230001041


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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