IN THE CASE OF:	  

		BOARD DATE:  5 November 2013

		DOCKET NUMBER:  AR20130002998 


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 of his affiliation bonus debt in the amount of $20,000.

2.  He states:

	a.  he was in the inactive National Guard (ING) in 2009 to go back to school for his masters degree.  He had to take more than a year in order to finish.  He didn't realize that if he was in the ING for more than a year he would have to pay back his bonus. 

	b.  the bonus was being recouped in late 2010 or early 2011 for the remainder of the amount he owed of the bonus.

	c.  he received a medical discharge related to psychiatric issues that were associated with a 50 percent Department of Veterans Affairs (VA) rating in July 2012.

3.  He provides his discharge orders from the Army National Guard (ARNG) and a letter from a VA psychiatrist.  

CONSIDERATION OF EVIDENCE:

1.  After completion of prior service in the Regular Army and the U.S. Army Reserve, the applicant enlisted in the ARNG on 14 November 2007.

2.  In conjunction with his enlistment in the ARNG, he signed a National Guard Bureau (NGB) Form 600-7-4-R-E (Enlisted Affiliation Bonus Addendum - ARNG of the United States) for a 6-year affiliation bonus under the Selected Reserve Incentive Program (SRIP) in the amount of $20,000.  He enlisted for affiliation in military occupational specialty 68W1O (Health Care Specialist).  He and the Enlisting Official both signed the written agreement on 14 November 2007.

3.  Section VI (Termination with Recoupment) of his affiliation bonus addendum states, "I understand I will be terminated from bonus eligibility with recoupment if I fail to extend my enlistment for time served in the ING within 30 days after return to my unit.  Recoupment is required from the effective date of transfer to the ING."  It also states, "Exceed the maximum time authorized in the ING.  Recoupment will be calculated from the date of transfer into the ING."

4.  Orders 169-159, dated 18 June 2009, show he was transferred to the ING effective 7 June 2009.  

5.  His NGB Form 22 shows he served in the ING from 7 June 2009 to 27 March 2012 (a period of 2 years, 9 months and 20 days).

6.  He provided a letter, dated 3 May 2012, from a psychiatrist at the Jesse Brown VA Medical Center, Chicago IL who stated the applicant was in on-going treatment for attention deficit disorder, obsessive compulsive disorder, and bipolar disorder.  The psychiatrist stated the applicant continues to need regular psychotherapy and take medication on a daily basis and will need to focus on maintaining his mental stability.  

7.  On 25 June 2012, he was placed on a permanent profile of 111114 for obsessive compulsive disorder.  

8.  Orders 213-020, dated 31 July 2012, discharged him from the ARNG effective 30 July 2012 under the provisions of National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management) for being medically unfit for retention per Army Regulation 40-501 (Standards of Medical Fitness).  

9.  In 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.  The advisory official recommended the applicant's request be denied.  The opinion stated:

	a.  the applicant requests that the bonus debt against him be cancelled and he contends his discharge for psychiatric reasons in the ARNG three years after he voluntarily changed status should be applied retroactively to preclude recoupment of his bonus related debt.  

	b.  the applicant was separated from the Regular Army on 13 November 2007 and he immediately joined the ARNG on 14 November 2007 for 6 years and he was paid a $20,000 affiliation bonus.  He voluntarily left the ARNG unit in 2009 and went into the ING to pursue a master's degree.

	c.  the applicant was informed of a bonus-related debt based on the fact that he voluntarily departed the Selected Reserve to pursue a master's degree.  The applicant contends that since he was found unfit for further service in the ING on 4 June 2012 and separated for medical reasons related to psychiatric problems his bonus-related debt should be forgiven.

	d.  although Soldiers separated for medical reasons are not subject to bonus recoupment, in the applicant's case the debt was the result of a voluntary change in status and not the medical condition which was diagnosed three years later.

10.  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.  However, he did not respond within the allotted timeframe.  

11.  NGR 614-1 (ING), paragraph 2-21 (Suspension and reinstatement of the SRIP) states Soldiers who remain in the ING for more than one year will have their participation in the SRIP terminated and may be subject to recoupment of incentive previously received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions regarding his request for cancellation of his affiliation bonus debt are acknowledged.  However, his service record is void of evidence and he has not provided any evidence that indicates an error or injustice exists in this case.

2.  The evidence of record shows he enlisted in the ARNG on 14 November 2007.  At that time, he was eligible for an affiliation bonus in the amount of $20,000.

3.  The applicant contends he did not realize that if he was in the ING for more than a year he would have to pay back his bonus.  While his Bonus Addendum may not have been perfectly clear as to what the maximum stay in the ING was it did state, "Exceed the maximum time authorized in the ING.  Recoupment will be calculated from the date of transfer into the ING."  This should have given the applicant a clear idea that there was a maximum time.  It appears he did not use due diligence to inquire as to what that time period was.

4.  Evidence shows he was placed in the ING from 7 June 2009 to 27 March 2012, which is a period of 2 years, 9 months, and 20 days.

5.  He states he received a medical discharge related to psychiatric issues; however, his medical discharge was not the basis for the termination of his affiliation bonus.  It appears his affiliation bonus was terminated because he remained in the ING for more than one year.

6.  In view of the foregoing, there is an insufficient evidence on which to grant 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)                                         AR20130002998





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ABCMR Record of Proceedings (cont)                                         AR20130002998



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