IN THE CASE OF:	  

		BOARD DATE:	  14 November 2013

		DOCKET NUMBER:  AR20130004688 


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, cancellation of the recoupment action that requires him to repay his Selective Enlistment Bonus (SEB).

2.  The applicant states he has been notified that he must pay back $6,222.00 that he never received and that failure to do so will result in garnishment of his wages.  He adds that he supposedly received the funds while he was in an absent without leave (AWOL) status or after he was discharged.  However, the bank account that he had at the time has been closed since September 2008 due to inactivity.  Thus, any funds that were sent to that account were automatically returned to the sender.

3.  The applicant provides copies of a DFAS-IN Form 0-641 (Statement of Military Pay Account) and SEB Recoupment document.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve Delayed Entry Program on 13 November 2006 for a period of 8 years and he further enlisted in the Regular Army on 4 January 2007 for a period of 3 years.

2.  A DA Form 3286 (Statement for Enlistment, U.S. Army Enlistment Program), Annex B, dated 4 January 2007, shows the applicant enlisted for, in pertinent part, U.S. Army Incentive Enlistment Program (U.S. Army Cash Bonus, 3-Year Enlistment, U.S. Army Seasonal Bonus - High Priority Seat, I-IIIA).

   a.  Item 1 (Acknowledgement) shows he acknowledged his term of enlistment was 3 years for training in military occupational specialty (MOS) 21C (Bridge Crewmember) and that the bonus amount was $8,000.

   b.  Item 4 (Statement and Conditions) shows the applicant indicated that he understood his incentive bonus was subject to, in part, staying qualified in the incentive MOS for the duration of his initial enlistment and that if he failed to complete his term of enlistment, he must complete at least 30 months of his
3-year enlistment (in order to retain the incentive bonus).

3.  A review of the applicant's military personnel records shows that he was:

* awarded MOS 21C in June 2007
* AWOL from 4 September 2007 to 3 October 2007
* Dropped From Rolls (DFR) on 4 October 2007
* Returned to Military Control (RMC) on 26 March 2011
* AWOL from 26 March to 29 May 2011
* DFR on 30 May 2011
* RMC on 13 June 2011

4.  On 16 June 2011, court-martial charges were preferred against the applicant for being AWOL from 26 March 2011 to on or about 13 June 2011.

5.  The applicant consulted with legal counsel and he voluntarily requested discharge in lieu of trial by court-martial.  The applicant's request for discharge states he was not subjected to coercion with respect to his request for discharge.

	a.  He was also advised that he could submit any statements he desired in his own behalf.  He submitted a statement accepting responsibility for his actions; expressing regret for the time, expense, and inconvenience he caused; and he requested an upgrade of his discharge.

	b.  The applicant and his counsel placed their signatures on the document.

6.  The applicant's commander recommended approval of the applicant's request for discharge with service characterized as under other than honorable conditions.

7.  The separation authority approved the applicant's request for discharge and he be given an under other than honorable conditions discharge.

8.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 4 January 2007 and he was discharged on 8 August 2011 in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 10, in lieu of trial by court-martial with an under other than honorable conditions discharge.

   a.  He completed 9 months and 25 days of net active service.

   b.  He had time lost from 4 September 2007 through 13 June 2011.

9.  In support of his application, the applicant provides the following documents:

   a.  Statement of Military Pay Account, dated 8 August 2011, that shows the applicant's pay computation covered the period 1 September 2007 through
8 August 2011.  It also shows:

    	(1)  He was in an AWOL/Deserter (no pay due) status from 4 September 2007 through 13 June 2011.

    	(2)  It refers to an attached SEB Recoupment Worksheet for details and shows:  "Gross = $8,000, Federal Income Tax Withheld = $2,000, Net Paid = $6,000, dated 27 June 2007" and "Debts computed on the Gross Entitlement and not on the Net Amount you actually received because the taxes were reported to the Internal Revenue Service and you received the benefit on your tax return in 2007."

    	(3)  It also shows payments were sent to Bank of America, Checking Account # *****0348 and that the applicant was overpaid $6,009.70.

   b.  SEB Recoupment document that shows the applicant enlisted on 
4 January 2007 for a period of 36 months.  It also shows a period of lost time from 4 September 2007 through 3 January 2010 for a total of 840 days, which results in an SEB recoupment amount of $6,222.22.

10.  In the processing of this case, an advisory opinion was obtained from the Chief, Enlisted Incentives Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, Washington, DC.

	a.  The advisory official recommends the applicant's request be denied.

   b.  The advisory official notes that the applicant enlisted in the Army on
4 January 2007 for 3 years in MOS 21C.  He was authorized an $8,000 enlistment bonus payable upon reporting to his first permanent duty station and upon completion of MOS training.  Shortly after arriving at his first duty station he went AWOL and remained in that status from 4 September 2007 to 25 March 2011, and again from 26 March to 13 June 2011.  During the course of his AWOL he was DFR as a deserter and upon RMC he was discharged in lieu of being court-martialed.

   c.  Soldiers separated with AWOL time have the number of AWOL days subtracted from their total service and any bonus paid is recouped.  Thus, recoupment of the applicant's enlistment bonus was the correct course of action.

11.  The applicant was provided a copy of the DCS G-1 advisory opinion in order to have the opportunity to respond; however, a response was not received.

DISCUSSION AND CONCLUSION:

1.  The applicant contends that the action to recoup the SEB he was paid should be cancelled because the bank account that he had at the time was closed in September 2008 and any funds that were sent to that account were automatically returned to the sender.

2.  The applicant's claim was carefully considered.

   a.  Records show the applicant enlisted in the RA on 4 January 2007 and he agreed to serve in MOS 21C for a period of 3 years in return for an $8,000 SEB.  

   b.  The evidence of record shows the applicant was paid the $8,000 SEB and he received payment in the net amount of $6,000 on 27 June 2007.

   c.  Records also show the applicant went AWOL on 4 September 2007 and he remained in a no pay due status through 13 June 2011.  On 8 August 2011, he was discharged in lieu of being court-martialed.

   d.  Records show the applicant completed less than 10 months of his 3-year active duty obligation.  Thus, the evidence of record clearly shows the applicant failed to comply with the terms of his enlistment contract with respect to the SEB agreement.

3.  There is no evidence of record and the applicant provides insufficient evidence to show that the funds that were deposited in his bank account as payment for his SEB were returned to the Defense Finance and Accounting Service.

4.  Therefore, in view of all of the foregoing, there is an insufficient basis 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)                                         AR20130004688



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004688



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1