BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019023 


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 of a debt recouped from him in the amount of $8,333.33 for an enlisted affiliation bonus (EAB).

2.  The applicant states:

	a.  In December 2007, after serving in the Regular Army (RA), he enlisted in the U.S. Army Reserve (USAR) for a period of 6 years and a bonus of $20,000.00.  He was assigned to the 94th Military Police (MP) Company, Manchester, NH, and received the first half of his bonus in the amount of $10,000.00 before taxes.  He served in the Reserves until June 2010 when, based on his spouse's illness, he decided he needed to be closer to home and he joined the New Hampshire Air National Guard (NHANG).

	b.  When he did this, he didn't know he would have any problems with his bonus.  Before he left the USAR, he was never told he had to pay back any part of his bonus and was not counseled as he was supposed to be.  He questioned the retention noncommissioned officer (NCO) about the possibility of the recoupment of his bonus before he made a career move to the NHANG and was improperly informed on the requirements that had to be met for a change in his obligation.  

	c.  He was in the NHANG until September 2011 and then he entered the Maine Army National Guard (MEARNG) so he could have a better chance to fill a fulltime spot.  He never knew there was a problem until he received his first drill pay and it was only half of what he would normally receive.  The ARNG is now taking about 80 percent of his pay each month and during any school or training periods.  

3.  The applicant provides a DA Form 4856 (Developmental Counseling Form), four letters, a memorandum, and seven pages of processed pay transactions.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the RA on 26 May 2005 and he held military occupational specialty (MOS) 31B (MP).  He was promoted to the rank of sergeant (SGT) on 1 August 2007.  

2.  He was honorably released from active duty on 25 May 2008 in the rank of SGT and he was transferred to the 94th MP Company, USAR, Londonerry, NH.

3.  His DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States) for his enlistment in the USAR and his enlisted bonus addendum under the Selected Reserve Incentive Program are not available for review with this case.  

4.  The applicant provides a DA Form 4856, dated 1 April 2010, wherein it shows he was counseled on that date by his Army Reserve Career Counselor for his decision to separate from the USAR Troop Program Unit (TPU) and transfer to the NHANG.  This form stated his contractual and statutory obligations [to the USAR] ended on 24 May 2014 and the many benefits he had in the USAR would stop upon his separation.  This form also stated the "Soldier understands any Reserve enlistment incentives will sieze [sic] and/or be recouped in accordance with Army Regulation 135-7 (ARNG and USAR Incentive Programs)" (emphasis added).  The copy of this form the applicant provides is void of the applicant's signature but contains the signature of the unit career counselor.

5.  He was subsequently released from the USAR and he enlisted in the NHANG for a period of 6 years and 1 week on 11 June 2010.

6.  He was subsequently released from the NHANG and he enlisted in the MEARNG for a period of 3 years on 14 September 2011.

7.  In a memorandum, dated 4 November 2011, the Education Services Officer, MEARNG, Augusta, ME, stated:

	a.  A review of the applicant's records showed he signed a Reserve Affiliation Bonus [Addendum] on 31 December 2007, in the amount of $20,000.00, in MOS 31B and assignment to the 94th MP Company, USAR.  Under his written agreement, his bonus was subject to termination and recoupment once he voluntarily moved to a non-bonus unit or voluntarily reclassified to a non-bonus MOS.  

	b.  The applicant voluntarily transferred to the NHANG in June 2010.  Currently there were no units or MOS's in the ANG that would have allowed him to retain his bonus; therefore, his bonus was subject to recoupment.  The applicant received a total of $15,000.00 between 2008 and 2010 and his debt owed for his failure to fulfill his original contract is $8,333.33.  As of 12 October 2011, no funds had been deducted from his pay for this debt.  The funds that have been deducted from his pay are Servicemen's Group Life Insurance payments that were not originally deducted from his drill pay while a member of the ANG.

8.  In a letter to his State Senator, dated 30 January 2012, from the Deputy Director, Deputy Chief of Staff, G-1, USAR, the director stated the applicant affiliated with the USAR on 31 December 2007, for a 6-year $20,000.00 EAB.  His debt is owed to the government for his failure to fulfill his original contract as he [voluntarily] transferred to the NHANG on 11 June 2010.  Army policy required the bonus be terminated unless the Chief, National Guard Bureau (NGB) authorized continued entitlement to the bonus.  No monies have been recouped from the applicant for his EAB.  

9.  In a letter to his State Senator, dated 10 September 2012, from the Chief, Congressional Inquiries, NGB, the chief stated in response to the inquiry into the applicant's EAB, the ARNG Education, Incentives and Employment Division stated the applicant accepted a bonus to enter the USAR.  He did not fulfill his obligations under the contract agreement when he was discharged to enter the NHANG in June 2010.  There was no indication of an incentive offered in connection with his enlistment in the NHANG.  He was later discharged for enlistment in the MEARNG.  There was no indication of an incentive being offered with his enlistment in the MEARNG.

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated he enlisted in the USAR for a 6-year period in MOS 31B and for an EAB of $20,000.00.  He was assigned to the USAR 94th MP Company on 25 May 2008 and his obligation date ended on 24 May 2014.  His records indicated he was paid $15,000.00 of the $20,000.00 EAB.  Although his enlistment bonus written agreement is not available for review with this case, it appears the agreement required him to remain a member of the USAR in a selected TPU for the 6-year period.  It also appears that his EAB addendum informed him his bonus was subject to termination and recoupment if he voluntarily moved to a non-bonus unit.

2.  His records show he voluntarily requested to be released from the USAR 94th MP Company and he enlisted in the NHANG on 11 June 2010.  He was subsequently voluntarily released from the NHANG and he enlisted in the MEARNG on 14 September 2011.

3.  In view of the foregoing, there is an insufficient evidentiary basis upon which to grant him 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)                                         AR20120019023





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ABCMR Record of Proceedings (cont)                                         AR20120019023



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