IN THE CASE OF:
BOARD DATE: 22 January 2013
DOCKET NUMBER: AR20120006156
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, in effect, that his enlistment bonus of $6,500.00 recouped by the Defense Finance Accounting Service (DFAS) be returned.
2. The applicant states his reenlistment bonus of $6,500.00 should not have been recouped because he fulfilled his 3-year reenlistment obligation in the Alabama Army National Guard (ALARNG). The applicant further states:
* the retention noncommissioned officer (NCO) did not inform him he had time to make up to the ARNG prior to his expiration of term of service (ETS)
* his unit S-1 was supposed to put him in as active Inactive National Guard (ING) for 4 months, but instead he was put in the Individual Ready Reserve (IRR)
* he is willing to make up the time and reenlist
3. The applicant provides no additional documentation in support of this case.
CONSIDERATION OF EVIDENCE:
1. The applicant had prior active duty service. He enlisted in the ALARNG on
25 February 2005 for a 3-year term of service.
2. A DA Form 4836 (Oath of Extension of Enlistment or Reenlistment), dated
14 March 2007, shows the applicant extended his current enlistment in the ALARNG by 3 years, thereby changing his ETS date to 24 February 2011.
3. A National Guard Bureau (NGB) Form 600-7-6-R (Annex X to DD Form 4 (Prior Service Enlistment Bonus Addendum Army National Guard of the United States)), dated 14 March 2007, shows in Section III - Bonus Amount and Payments the applicant enlisted for a $7,500.00 bonus, less taxes, to be paid in a lump sum and processed for payment on the date reenlistment or contract extension takes effect. Section VI - Termination with Recoupment states, "I understand that I will be terminated from the bonus eligibility with recoupment, if I fail to extend within 30 days of my status for any time served in the ING." The applicant initialed and signed the document.
4. Orders 039-574, issued by the Joint Force Headquarters, ALARNG, dated
8 February 2011, show the applicant would be discharged from the ARNG and as a reserve of the Army, effective 24 February 2011.
5. The applicant's NGB Form 22 (Report of Separation and Record of Service) shows he was honorably discharged from the ALARNG on 24 February 2011 after completing 11 years, 6 months, and 28 days of total service for pay.
6. There is no evidence of record and the applicant did not provide any evidence that shows he extended or reenlisted past his separation date.
7. The applicant's military service record contains an NGB Form 23 (ARNG Current Annual Statement) prepared on 1 March 2011, showing the applicant was assigned to the ING on two occasions:
* 30 August 2008 - 2 January 2010
* 20 August 2010 - 24 February 2011
8. In the processing of this case, on 24 April 2012, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Incentive and Budget Branch, Enlisted Accessions Division. The advisory official recommended the applicant's request be denied. The official continued that the applicant:
* signed a 3-year extension on 14 March 2007, extending his time in service to 24 February 2011
* received an extension bonus of $6,500.00
* had two periods in the ING (30 August 2008 - 2 January 2010 and
20 August 2010 - 24 February 2011)
9. The advisory official concluded that the Reenlistment/Extension Bonus Addendum the applicant signed on 14 March 2007 clearly states in Section VI
that his bonus would be terminated and the money paid to him would be recouped if he failed to extend within 30 days of return to active status for any time served in the ING. The applicant initialed at the end of this section of the bonus addendum confirming he read and understood the contents of the section.
10. On 25 April 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. The applicant did not respond.
DISCUSSION AND CONCLUSIONS:
1. The applicants request to have his extension bonus of $6,500.00 recouped by the DFAS returned to him was carefully considered.
2. Evidence of record shows the applicant initially enlisted in the ALARNG on
25 February 2005. On 14 March 2007, he extended his current enlistment in the ALARNG by 3 years, thereby establishing a new ETS date of 24 February 2011. He was paid $6,500.00 bonus for his extension. He initialed and signed Section VI of his bonus addendum that stated, "I understand that I will be terminated from the bonus eligibility with recoupment, if I fail to extend within 30 days of my status for any time served in the ING."
3. The applicant's NGB Form 23 shows that prior to his discharge from the ALARNG he was assigned to the ING during the periods 30 August 2008 -
2 January 2010 and 20 August 2010 - 24 February 2011. There is no evidence of record and the applicant did not provide any evidence that shows he extended in the ARNG within 30 days after his ING periods. As such, the $6,500.00 enlistment bonus he received was appropriately recouped by DFAS.
4. In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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 that 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) AR20120006156
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ABCMR Record of Proceedings (cont) AR20120006156
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