IN THE CASE OF:
BOARD DATE: 13 November 2012
DOCKET NUMBER: AR20120008529
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 a waiver of recoupment of his terminated reenlistment bonus.
2. The applicant states, in effect, he reenlisted with a $15,000.00 reenlistment bonus and he has completed the 3 years of service required in accordance with the contract. He claims he remained in good standing with his unit and the Wyoming Army National Guard (WYARNG) and received an honorable discharge for his period of service. He claims recoupment of the bonus would place a hardship on him and his family.
3. The applicant provides the documents identified in item 9 (In support of this application, I submit as evidence the following attached documents) in support of his request.
CONSIDERATION OF EVIDENCE:
1. On 30 January 2002, the applicant initially enlisted in the WYARNG. He reenlisted for 3 years on 30 January 2003.
2. On 8 February 2009, the applicant extended his enlistment of 30 January 2003 for 3 years.
3. In conjunction with this extension, a Reenlistment/Extension Bonus Addendum-Annex R (NGB Form 600-7-3-R-E) was completed. Section III (Bonus Amounts and Payments) states, in pertinent part, that for a 3 year reenlistment/extension the amount of $7,500.00 less taxes would be received by the applicant. Item 7 reads I have read Section III and understand the contents therein and contains the applicants initials confirming his understanding of the terms of Section III.
4. On 30 January 2012, the applicant submitted a request for an exception to policy requesting waiver of payment/recoupment of the remaining $7,500.00 of his bonus. This request was supported by his unit commander and the WYARNG Education Services Officer.
5. On 8 February 2012, the Army National Guard Bureau (NGB), Deputy Chief of Staff, G-1, denied the applicants exception to policy request. The G-1 indicated the applicant acknowledged his understanding of the total amount of bonus he was due in conjunction with his 2009 extension, which was $7,500.00, and it was the applicants responsibility to report the overpayment.
6. In connection with the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 Incentives and Budget Branch, Enlisted Accessions Division. This G-1 office recommends the applicants request be denied based on the fact that in conjunction with his extension, he signed a reenlistment/extension bonus addendum which clearly stated he would receive $7,500.00 for this reenlistment/extension. The Reenlistment/Extension Bonus Addendum also contained the applicants initials at the end of the section of the bonus addendum confirming he read and understood the contents of the section. G-1 opines it was the applicants responsibility to report the overpayment.
7. On 22 May 2012, the applicant was provided a copy of the G-1 advisory opinion in order to have the opportunity to respond to or rebut its contents. To date, he has failed to reply.
8. Army Regulation 135-7 (Army National Guard and Army Reserve Incentive Programs) prescribes the policy and procedures for the administration of the Army National Guard and the U.S. Army Reserve incentive programs. The regulation identifies the documents required to effect a reenlistment or extension which includes reenlistment/extensive incentive annexes which applicants' are required to read and understand prior to effecting a reenlistment or extension.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request that recoupment of the bonus overpayment be waived has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms the applicant acknowledged the amount of the bonus he was authorized was 7,500.00 in conjunction with his 2009 extension in Annex R and that he understood the terms of the bonus payment.
3. While it is unfortunate that the applicant was overpaid, he clearly had the responsibility to report the overpayment at the time it was received. As a result, there is no apparent error or injustice related to recoupment the overpayment.
4. In view of the foregoing, there is an insufficient evidentiary basis to support granting the 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) AR20120008529
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ABCMR Record of Proceedings (cont) AR20120008529
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