IN THE CASE OF:
BOARD DATE: 1 November 2012
DOCKET NUMBER: AR20120002526
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 remission/cancellation of her debt to the government.
2. The applicant states she was separated due to her sexual orientation and since the "Don't Ask, Don't Tell" policy has been abolished, she does not believe she should have to repay the debt. Additionally, she states her enlistment contract bonus addendum did not address repayment.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty) and bonus addendum.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Illinois Army National Guard (ARNG) on 9 November 2007 for a period of 8 years, training as a military policeman and a $20,000.00 enlistment bonus to be paid in two increments, the first payment due upon completion of initial active duty training (IADT). At the time of her enlistment she signed a bonus addendum indicating she understood the terms for termination with recoupment (Section I) which included separation from the ARNG for any reason except death, injury, illness, or impairment not the result of her own misconduct.
2. She was ordered to IADT at Fort Leonard Wood, Missouri, on 21 July 2008 for one-station unit training. On 11 December 2008, she was honorably released from IADT and returned to her Illinois ARNG unit.
3. On 30 July 2009, the applicant's commander notified her that he was initiating action to discharge her from the service under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations), paragraph 12-1d, due to abuse of illegal drugs. He cited that the applicant had tested positive for cocaine in a 31 May 2009 urinalysis as the basis for his recommendation.
4. The applicant waived her right to counsel and submitted a request for a conditional waiver in which she agreed to waive her right to appear before an administrative separation board in return for a characterization of under honorable conditions.
5. Her discharge proceedings indicate the command recommended her for discharge after she lied about doing drugs, she refused to enroll in rehabilitation, and she tested positive for a high amount of cocaine.
6. Her request for a conditional waiver was approved and she was discharged under honorable conditions from the Illinois ARNG and the U.S. Army Reserve on 26 August 2009 after completing 1 year, 9 months, and 18 days of service.
7. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for the remission or cancellation of indebtedness. It provides that the objective of remission or cancellation is to remit or cancel debts that are considered unjust.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that her debt should be cancelled/remitted because she was discharged due to her sexual orientation and because she was never informed of the provisions for recoupment of her bonus have been noted and are found to lack merit.
2. The applicant was informed at the time of her enlistment that her bonus would be recouped if she were separated from the ARNG for other than death, injury, illness, or impairment not the result of her own misconduct.
3. The applicant tested positive for cocaine and was separated in accordance with the applicable regulations with no indication of any violation of the applicant's rights. Likewise, the unserved portion of her bonus was required to be recouped.
4. The applicant's records show no evidence of the applicant being discharged due to sexual orientation and there appears to be no basis to grant her request to cancel or remit her bonus debt.
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) AR20120002526
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