IN THE CASE OF: 

		BOARD DATE:	    20 November 2012

		DOCKET NUMBER:  AR20120008764 


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 cancellation/remittance of his Prior Service Enlistment Bonus (PSEB) recoupment.

2.  The applicant states on 1 January 2010 he was transferred to the Inactive National Guard (ING) due to family complications, financial hardships, and employment conflicts.  He goes on to state he was granted a transfer to the ING for 2 years with a return date of 1 January 2012 and he returned to duty in December 2011 after 23 months in the ING.  He continues by stating that because he was in the ING for more than 1 year, action was taken to recoup the remainder of his bonus.  He also states had he known that he could have remained in the ING for only 1 year, he would have attempted to return sooner in order to avoid recoupment and the financial hardship it is placing on his family.

3.  The applicant provides a copy of his request for transfer to the ING and a copy of his request for an exception to policy to retain the PSEB.

CONSIDERATION OF EVIDENCE:

1.  The applicant served 3 years, 11 months, and 29 days of active duty in the U.S. Coast Guard (USCG).  He was honorably released from active duty (REFRAD) on 25 September 2003 and was transferred to the U.S. Naval Reserve (USNR).


2.  He was ordered to active duty in support of Operation Noble Eagle/Enduring Freedom from 28 February 2005 to 21 February 2006.

3.  On 22 June 2006, he enlisted in the Washington Army National Guard (WAARNG) in the rank/grade of sergeant (SGT)/E-5 for a period of 6 years, training as an infantryman, a $15,000.00 PSEB, and the student loan repayment program.  At the time of his enlistment he acknowledged he understood his bonus would be terminated if he failed to extend his enlistment for time served in the ING within 30 days after return to his unit or for exceeding the maximum time in the ING.  He also acknowledged he understood the maximum time in the ING for personal reasons was 1 year and that recoupment would begin from the time he entered the ING and prorated based on 72 months.

4.  On 6 November 2009, the applicant submitted a request to be placed in the ING for a period of 2 years due to personal, financial, and employment reasons.  His request was approved for the period 1 January 2010 to 1 January 2012.

5.  On 5 December 2011, a memorandum was dispatched from the State Incentive Manager informing the applicant that action was being taken to recoup the unearned portion of his PSEB due to him exceeding 1 year in the ING.

6.  On 12 December 2011, the applicant submitted a request for an exception to policy that would allow him to keep his bonus in order to alleviate financial hardship to his family.  He asserted he was unaware he could only remain in the ING for 1 year in order to avoid recoupment action and contended he would have attempted to return earlier had he known.  The applicant returned to duty in December 2011.

7.  On 28 February 2012, the National Guard Bureau (NGB) denied his request for cancellation/remission of his bonus debt due to the fact he had exceeded the 1-year service limitation in the ING and because he had not taken action to extend his enlistment within 30 days of returning to duty.  He was advised to apply to the Army Board for Correction of Military Records (ABCMR) if he still felt there was an error or injustice.

8.  In the processing of this case, on 29 May 2012, a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1.  The advisory official recommended approval of the applicant’s request based on extenuating circumstances provided he extended his enlistment (23 months) to meet the full incentive contract period.


9.  The advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 11 June 2012, the applicant responded to the effect he needed the Board to delay its decision while he conferred with his family as to their preferred course of action.

10.  On 21 June 2012, the applicant was honorably discharged at the expiration of his term of service (ETS).

11.  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 his debt should be cancelled/remitted because he was unaware that being in the ING for more than 1 year would result in recoupment has been noted and found to lack merit.

2.  The applicant was informed at the time of his enlistment that his bonus would be recouped if he exceeded the maximum of 1 year in the ING unless he took steps to extend his service to complete the entire incentive contract.

3.  While the applicant may have forgotten about the 1-year maximum provision, he returned to duty in December 2011; however, there is no evidence that shows he made any attempts to extend his enlistment contract to cover the 23-month period he was in the ING.

4.  Additionally, the applicant was provided the advisory opinion from the Office of the Deputy Chief of Staff, G1 that recommended retention of the PSEB provided he extended his enlistment.  However, it appears the applicant elected to be discharged on his ETS rather than to fulfill his full incentive contract period.

5.  He has not shown through the evidence of record or the evidence submitted with his application that his debt is in error or unjust.

6.  In view of the foregoing, there is no 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:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by him in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _ 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)                                         AR20120008764



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ABCMR Record of Proceedings (cont)                                         AR20120008764



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