IN THE CASE OF: 

		BOARD DATE: 3 January 2024

		DOCKET NUMBER: AR20230007941


APPLICANT REQUESTS:  in effect, 

*	cancellation of indebtedness regarding his Assignment Incentive Pay (AIP)
*	a personal appearance before the Board via video or telephonic

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

*	DD Form 149 (Application for Correction of Military Record)
*	1072nd Transportation Company CA Army National Guard Memorandum for 
Record (MFR)

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code 
(USC), section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) 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 in effect, he had a debt; however, he paid it in full. He provided 
an MFR which shows he repaid the monies in full.

3.  A review of the applicant's service record shows:

	a.  DD Form 214 (Certificate of Release from Active Duty) shows that he enlisted in 
the Regular Army (RA) on 21 August 1979. It also shows he reenlisted for the period of 
11 August 1982 through 1 August 1985. He completed 5-years, 11-months and 11-days 
of active service.

	b.  The applicant's Enlisted Record Brief shows the applicant's Date of Initial Entry to 
Military Service is 21 August 1979.

	c.  The applicant enlisted in the Army National Guard (ARNG) on 25 February 2002.

	d.  On 10 February 2003, Orders Number 042-594, issued by the State of CA Office 
of the Adjutant General, the applicant was ordered to active duty in support of Operation 
Enduring Freedom, effective 10 February 2003.

	e.  The applicant was honorably released from active duty on 14 June 2004. 
DD Form 214 shows the applicant completed 1-year, 4-months and 5-days of active 
service. 

	f.  DD Form 214 shows the applicant was ordered to active duty effective 
24 October 2004. He was honorably released from active duty on 31 December 2005 
after completion of 1-year, 2-months and 7-days of active service.

	g.  On 13 June 2006, Orders Number 164-552, issued by the State of CA Office of 
the Adjutant General, the applicant was ordered to active duty in support of Operation 
Iraqi Freedom, effective 10 July 2006.

	h.  On 16 June 2006, Orders Number A-06-615075, issued by the U.S. Army Human 
Resources Command (HRC), the applicant was ordered to active duty for Contingency 
Operation Temporary Tour of Active Duty in support of Operation Iraqi Freedom, 
effective 6 March 2007.

	i.  On 26 February 2007, the applicant reenlisted in the ARNG for 6-years for a 
$15,000.00 bonus. 

	j.  On 21 August 2007, Orders Number A-08-717960, issued by HRC, the applicant 
was ordered to active duty for Contingency Operation for Active Duty Operational 
Support (CO-ADOS), effective 11 September 2007.

	k.  On 15 April 2008, Orders Number A-04-807056, issued by HRC, the applicant 
was ordered to active duty for CO-ADOS in support of Operation Iraqi Freedom, 
effective 27 June 2008.

	l.  On 5 May 2009, Orders Number A-05-912989, issued by HRC, the applicant was 
ordered to active duty for CO-ADOS in support of Operation Enduring Freedom, 
effective 27 June 2009.

	m.  On 11 January 2010, Orders Number A-01-001028, issued by HRC, the 
applicant was retained on active duty, effective 12 January 2010, to participate in 
Reserve component warriors in transition medial retention processing program for the 
purpose of medical care and treatment.

	n.  On 2 March 2010, Orders Number A-03-006471, issued by HRC, the applicant 
was retained on active duty, effective 3 March 2010, to participate in Reserve 
component warriors in transition medial retention processing program for the purpose of 
medical care and treatment.

	o.  The applicant was honorably released from active duty on 26 April 2010. 
DD Form 214 shows the applicant completed 3-years, 9-months and 17-days of active 
service. 

	p.  On 23 July 2010, Orders Number 204-384, issued by the State of CA Office of 
the Adjutant General, the applicant was ordered to full time National Guard duty for 
operational support, effective 24 July 2010.

	q.  On 28 August 2012, the applicant extended his enlistment for 1-year in the ARNG 
with a Deployment Extension Stabilization Pay (DESP). He volunteered to extend his 
service obligation by 12-months for the purpose of AIP at the rate of $500.00 per month 
for 12-months for each month he was mobilized and served on active duty in a Title 10 
status, not to exceed $6,000.00. A failure to complete the service requirement may 
result in the termination of the agreement and repayment of any unearned portion of the 
DESP.

	r.  On 21 February 2015, the applicant extended his enlistment for 1-year in the 
ARNG .

	s.  On 31 March 2016, Orders Number 91-1065, issued by the Joint Force 
Headquarters CA ARNG, the applicant was assigned to the U.S. Army Reserve Control 
Group (Retired Reserve), effective 26 February 2016.

	t.  On 27 February 2017, Orders Number C02-791564, issued by HRC, the applicant 
was placed on the retired list, effective 27 February 2016.

	u.  On 30 June 2017, the Joint Force Headquarters Office of the Adjutant General 
CA National Guard, notified the applicant he was identified in an audit conducted by the 
CAARNG as potentially owing a debt to the Government as a result of receiving 
incentives in connection with his service. The Secretary of Defense ordered a team to 
review cases in which the CAARNG audit determined a member may have received an 
improper bonus payment. Based on his records the CAARNG did not intend to formally 
establish a debt or take any collection action related to his incentive he may have 
received between 2004 through 2010. The decision was final and the CAARNG 
considered the matter closed related to the incentive received during that period. This 
memorandum did not affect the status of other potential debts associated with his 
military service or other debts that may be on record with the Defense Finance and 
Accounting Service (DFAS).

4.  The applicant provides an MFR from the 1072nd Transportation Company, CAARNG 
dated 19 March 2023 which states the document was to serve as a receipt of 
repayment of a debt incurred by the applicant. The debt was incurred for a dual 
payment from DFAS that was recorded through the CAARNG financial department U.S. 
Property and Fiscal Office. A debt in the amount of $6,813.00 was incurred in the first 
quarter of 2015 which he repaid in full directly to the Readiness Officer of his unit that 
was routed to DFAS on 2 November 2015. The receipt number for the transaction was .

5.  On 13 October 2023, in the processing of this case, the Office of the Deputy Chief of 
Staff G-1, provided an advisory opinion regarding the applicant's request for 
cancellation of his indebtedness for AIP. The advisory official stated it was 
recommended disapproval of the applicant's request. In August 2009, a collection was 
initiated regarding the AIP for voluntary extensions beyond 12-months Boots-on-Ground 
in Iraq/Afghanistan or certain theater unit policy in the amount of $14,000.00. At the 
same time, the applicant received a repayment of voluntary AIP in the amount of 
$8,000.00. Since the debt collection was not accelerated to offset the payment, the 
lump sum payment was made in error. A payroll check was issued on 21 August 2009, 
in the amount of $8,207.00. There was no evidence the applicant made restitution to 
warrant administrative relief.

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, available military records and 
Office of the Deputy Chief of Staff G-1 – Compensation and Entitlements Division 
advisory opinion, the Board concurred with the advising official finding the applicant 
received a repayment of voluntary AIP in the amount of $8,000.00.  Evidence in the 
record show the debt collection was not accelerated to offset the payment, causing the 
lump sum payment to be made in error. The Board noted in the opine, the applicant 
received a payroll check on 21 August 2009, in the amount of $8,207.00. There was no 
evidence the applicant made restitution to warrant administrative relief. The Board 
agreed based on the advisory opine, there is insufficient evidence to support the 
applicant’s contentions for cancellation of indebtedness regarding his Assignment 
Incentive Pay (AIP).  The Board denied relief. 

2.  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 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.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within 3 years after discovery of the alleged error or injustice. This 
provision of law also allows the ABCMR to excuse an applicant's failure to timely file 
within the 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 600-4 (Remission or Cancellation of Indebtedness) provides 
policy and instructions for submitting and processing packets for remission or 
cancellation of indebtedness to the U.S. Army. Requests for remission or cancellation of 
indebtedness must be based on injustice, hardship, or both. A Soldier's debt to the U.S. 
Army may be remitted or canceled based on this regulation in cases arising from debts 
incurred while serving on active duty or in an active status as a Soldier.

3.  Title 37 USC, section 307a (Special pay: assignment incentive pay), the Secretary 
concerned may pay incentive pay under this section to a member of a uniformed service 
who performs service, while entitled to basic pay, in an assignment designated by the 
Secretary concerned. Incentive pay payable under this section may be paid on a 
monthly basis, in a lump sum, or in installments. If a member extends an assignment 
specified in an agreement with the Secretary under subsection (b), incentive pay for the 
period of the extension may be paid under this section on a monthly basis, in a lump 
sum, or in installments. Repayment: A member who enters into an agreement under this 
section and receives incentive pay under the agreement in a lump sum or installments, 
but who fails to complete the period of service covered by the payment, whether 
voluntarily or because of misconduct, shall be subject to the repayment. 

4.  AR 637-1 (Army Compensation and Entitlements Policy), provides Department of the 
Army (DA) policies for entitlements and collections of pay and allowances for active duty 
Soldiers. It is used in conjunction with the Department of Defense (DoD) Financial 
Management Regulation (FMR), Volume 7A. For the purpose of this regulation, active 
duty is defined in accordance with Title 37, USC. The term "active duty" means full-time 
duty in the active service of a uniformed service and includes full-time training duty, 
annual training duty, full-time National Guard duty, and attendance, while in the active 
service, at a school designated as a service school by law or by the Secretary of the 
Army (SECARMY).

	a.  Paragraph 9-1, assignment and special duty pays are awarded for the 
performance of duty in an assignment, location, or unit designated and under the 
conditions of service specified by the SECARMY. Assignment and special duty pay 
include AIP, Special duty assignment pay (SDAP), Hardship duty pay (HDP), Sea pay. 
Assignment and special duty pay will be paid in addition to any other pay and allowance 
to which the Soldier is entitled. Assignment and special duty pays are not performance 
based. Assignment and special duty pay will not be made contingent upon successful 
achievement of assigned objectives or other additional requirements beyond the scope 
of this regulation. Repayment. A Soldier who receives AIP and who fails to fulfill the 
eligibility requirements for receipt of such pay will be subject to the repayment.

5.  DFAS website, (Assignment Incentive Pay (AIP)), Assignment Incentive Military Pay 
is the military's preferred way to compensate troops from all services. Assignment 
Incentive Military Pay is often paid to service members for unusual assignment 
circumstances. Those service members who have involuntarily extended their tours in 
Iraq and Kuwait combat zones receive an additional $200.00 in hardship duty pay and 
another $800.00 in assignment incentive pay for a total of an extra $1000.00 a month. 
Those service members in certain skills who have served 12 months Iraq and 
Afghanistan and volunteer to agree to extend their tours receive this assignment 
incentive military pay. They receive additional pay for extensions including $900.00 per 
month for a 12 month extension, $600.00 a month for a 6 month extension and $300.00 
a month for a three month extension. Service members with critical intelligence skills will 
receive up to $1000.00 a month for each month's extension. Service members in other 
areas such as South Korea may also receive Assignment Incentive Military Pay for 
extensions of their tours. The Assignment Incentive Military Pay Program has become 
extremely popular and is the military's preferred way to compensate troops from all of 
the services for certain unusual and extended assignments. 


//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20230007941


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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