IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110003171 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests termination of her reenlistment bonus recoupment.

2.  The applicant states:

	a.  she entered into a binding contract with the U.S. Army Reserve (USAR) on 8 September 2006 which authorized her to receive an enlistment bonus;

	b.  the recoupment action is an injustice because both her recruiter and G-1 personnel provided her guidance indicating she was authorized to accept a reenlistment bonus as a military technician assigned overseas in Germany; and

	c.  the Defense Finance and Accounting Service (DFAS) recoupment action has caused her to establish a repayment plan for the debt resulting in a great hardship for her family.

3.  The applicant provides the following documents:

* Military Personnel Message Number 05-001, dated 3 January 2005
* Under Secretary of Defense memorandum, dated 3 November 2005
* DD Forms 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 13 March 2000 and 8 September 2006, with associated enlistment documents
* Department of the Army Office of the Deputy Chief of Staff, G-1, memoranda, dated 7 December 2005 and 14 August 2008
* DA Form 2823 (Sworn Statement), dated 22 September 2008
* DA Form 3508 (Application for Remission or Cancellation of Indebtedness), dated 2 October 2008
* Headquarters, 7th Civil Support Command, memorandum, dated 1 June 2009
* USAR Command (USARC) memoranda, dated 5 January 2006 and 1 July 2009
* DFAS letter, dated 6 January 2011

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows on 8 September 2006, she executed a 6-year reenlistment in the USAR at Tompkins Barracks, Schwetzingen, Germany.  Item 8b (Remarks) of her DD Form 4 shows she reenlisted in a troop program unit in accordance with chapter 6 of Army Regulation 140-11 (USAR Reenlistment Program).  She was assigned Bonus Control Number ARCO060033.

2.  A DA Form 5261-2-R (Selected Reserve Incentive Program-Reenlistment/Extension Bonus Addendum), Section III (Acknowledgement), indicated the applicant acknowledged she met the following eligibility criteria, including that she was not reenlisting/extending to fill a permanent civilian position where membership in the Selected Reserve was a condition of employment.  The applicant authenticated this document with her signature in Section IX (Statement of Understanding).

3.  She completed a DA Form 3540 (Certificate and Acknowledgement of USAR Service Requirements and Methods of Fulfillment) in connection with this reenlistment wherein she acknowledged her understanding that she was receiving a selective reenlistment bonus of $15,000.00 in return for her 6-year reenlistment.

4.  On 1 July 2009, the USARC Deputy Chief of Staff (DCS), G-1, replied to the applicant's request for an exception to policy to cancel her debt resulting from her reenlistment bonus indicating:

	a.  she reenlisted on 8 September 2006 for a 6-year $15,000.00 reenlistment bonus while serving as a military technician,

	b.  at the time of her reenlistment, the applicant was ineligible to receive a reenlistment bonus because Department of Defense (DOD) policy does not allow military technicians to receive a bonus, except when deployed in theater, and 

	c.  disapproval of her request.
5.  On 6 January 2011, DFAS notified the applicant she was previously notified of the debt she owed to the government and her agreed-upon payment had not yet been received.  This was her third notice concerning the delinquent debt.  The reason for the debt was not indicated in this letter; however, it showed a remaining debt balance of $13,676.74.

6.  USARC memorandum, dated 5 January 2006, subject:  Implementation Guidance of Change in Selected Reserve Incentive Program (SRIP) Policy for Army Reserve Military Technicians, states mobilized Soldiers who are also military technicians are authorized to receive a reenlistment bonus effective 7 December 2005 if the reenlistment is executed while serving in Afghanistan, Iraq, or Kuwait in support of Operations Enduring Freedom or Iraqi Freedom and are otherwise eligible for reenlistment and have completed not more than 16 years of total military service.

7.  Army Regulation 600-4 (Remission or Cancellation of Indebtedness) outlines the policies and guidance for remission or cancellation of indebtedness to the U.S. Army.  It allows all Active Army Soldiers and those in the Active Guard Reserve Program to submit an application for remission or cancellation of indebtedness to the U.S. Army.  A Soldier's debts to the U.S. Army may be remitted or canceled on the basis of this regulation in cases arising from payments made in error to a Soldier, payments made in excess of an allowance on behalf of a Soldier, debts incurred while serving on active duty as a Soldier, debts acknowledged as valid, debts for which an appeal has been denied, debts for which a waiver has been denied, or debts established as a result of financial liability of investigation of property loss.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends repayment of her selective reenlistment bonus should be cancelled because she received the bonus in good faith based on guidance received from her recruiter and G-1 personnel.  However, the evidence of record confirms she acknowledged she met the eligibility criteria for the bonus, one criterion being that she was not reenlisting to fill a permanent civilian position where membership in the Selected Reserve was a condition of employment.  Had she not reenlisted she could not have retained her military technician position.  Therefore, she in effect acknowledged that she did not meet the eligibility criteria for the bonus.

2.  Further, at the time of the applicant's reenlistment, DOD policy prohibited military technicians from receiving reenlistment bonuses unless deployed to Afghanistan, Kuwait, or Iraq.  The applicant reenlisted while assigned to Germany.  Based on the evidence in this case, the applicant was not entitled to a selective reenlistment bonus during the period in question.  Accordingly there is no basis to grant relief in this case.

BOARD VOTE:

________  ________  ________  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.



      __________X____________
               CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20110006098



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110003171



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1