IN THE CASE OF:	   

		BOARD DATE:	  16 January 2014

		DOCKET NUMBER:  AR20130007921 


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 waiver of her debt.

2.  The applicant states: 

* her husband had received orders to Vilseck, Germany in March 2011; they transferred there in September 2011 and will be there until September 2014
* she was pregnant with twins prior to her husband being stationed in Germany and gave birth in May 2011
* she felt that having twins as well as moving to Germany was a decent decision to request to be discharged
* she has no family to take care of her children, especially in another country
* her husband's unit deployed in June 2013
* she does not think she should have to pay back the money, and they do not have the $4,000.00 that she owes.

3.  The applicant provides a request for an exception to policy (ETP), and a U.S. Army National Guard (ARNG) notice of incentive termination and exception to policy notice denial.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the ARNG on 4 August 2006.  Her service obligation was for 6 years as a member of a unit in the Selected Reserve and 2 years as a member of the Individual Ready Reserve.

2.  Her enlistment contract includes a copy of Annex E to her DD Form 4 (Enlistment Bonus Addendum, ARNG of the United States) that shows her eligibility for a $20,000.00 enlistment bonus.  The form states her bonus eligibility would be terminated, with recoupment, if she separated from the ARNG for any reason other than death, injury, illness, or other impairment not the result of her own misconduct.  Recoupment is based upon multiplying the number of months served satisfactorily during the term for which the incentive was authorized by the proportionate monthly dollar amount.  This amount is determined by dividing the total authorized bonus amount by 72 months.  The amount of the bonus she would be entitled to keep would be subtracted from the total bonus paid to date.  If calculations indicate an overpayment, that amount will be recouped.  If calculations indicate that she earned more than she received, she would be paid the difference less taxes in a final installment.

3.  With 1 year and 5 days of prior inactive service, the applicant served on initial active duty for training (IADT) from 9 August 2007 through 14 December 2007 and she was awarded military occupational specialty 31E (Corrections Specialist).

4.  In addition to her normal inactive duty training (IDT) requirements, the applicant was also ordered to active duty for special work (ADSW) from 13 through 27 September 2008.

5.  On 17 April 2011, she was discharged from the ARNG and she was assigned to the U.S. Army Reserve (USAR) Control Group (Annual Training), St. Louis, MO.

6.  The applicant applied for and she was denied an ETP to retain the entire amount of her enlistment bonus.  She was notified that she had a debt of $4,400.00.

7.  The available record does not contain any documentation related to her marriage, the birth of any children, her ARNG separation, or a copy of the National Guard Bureau (NGB) Form 55A (Honorable Discharge from the Federally Recognized ARNG).


8.  Army Regulation 135-178 (ARNG and Army Reserve Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the ARNG of the United States and the USAR.  It provides the following:

	a.  On request, a Soldier may be discharged when it has been determined that the pregnancy occurred after she was processed for enlistment and the separation authority determines she is eligible but possesses no potential to perform useful service if ordered to active duty to meet mobilization requirements.

	b.  When it has been determined that a Soldier became pregnant after her enlistment, she will be allowed to elect one of the options under the provisions of Army Regulation 135–91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures).

9.  Army Regulation 135-91 states if a female Soldier becomes pregnant after IADT has been completed, she will be advised that she has the following options:

	a.  Transfer/reassignment to the Retired Reserve or to the Individual Ready Reserve (IRR), if eligible;

	b.  Transfer to the Inactive National Guard (ING) until pregnancy is no longer a factor; or

	c.  Continue membership in a unit and be granted maternity leave.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's available records do not contain any evidence related to her marriage, birth of a child, or her 17 April 2011 transfer to the IRR except the orders directing the transfer.

2.  However, based on her statements, it is reasonable to accept her statement that her separation was due to a voluntary election to transfer to the IRR due to pregnancy.

3.  The record does not contain and the applicant has not provided any evidence that she incurred any medical impairment that, as a result of her pregnancy, would have prevented her from continuing her active service as a member of an ARNG unit.


4.  The applicant's voluntary election to discontinue her participation as an active member of the National Guard is a violation of the eligibility requirements to retain all of her enlistment bonus and it is appropriate to recoup that portion of the bonus to which she was not entitled.

5.  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:

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)                                         AR20130007921



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ABCMR Record of Proceedings (cont)                                         AR20130007921



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