IN THE CASE OF:	  

		BOARD DATE:	  11 February 2014

		DOCKET NUMBER:  AR20130008773 


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 that he be allowed to retain the prior service enlistment bonus (PSEB) he received for his enlistment in the California Army National Guard (CAARNG).

2.  The applicant states:

	a.  He received notice for repayment/recoupment of the reenlistment bonus in the amount of $15,000 from the CAARNG Incentive Task Force.

	b.  He enlisted in the CAARNG on 24 January 2006 and his recruiter, Staff Sergeant C. J______, had him fill out a National Guard Bureau (NGB) Form 600-7-6-R-E (Annex X to DD Form 4 or DA Form 4836 PSEB Addendum, Army National Guard of the United States).  He never received the full amount of $15,000 as stated in the memorandum he received on 12 February 2013 from the Incentive Task Force CAARNG.  He did receive an initial payment, which was a portion of the $15,000 and he is unsure of the amount.  He is trying to find his bank statement to verify the amount.  He asks to be relieved of the recoupment due to no fault of his own.

3.  The applicant provides:

* DD Form 4 (Enlistment/Reenlistment Document, Armed Forces of the United States), dated 24 January 2006
* NGB Form 600-7-6-R-E, dated 24 January 2006
* Joint Force Headquarters CAARNG Orders 8-1058, dated 8 January 2007
CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  His Army Military Human Resource Record (AMHRR) shows the following previous service:

* 13 November 1991 - U.S. Army Reserve (USAR)
* 12 October 1993 - Regular Army (RA)
* 29 October 1996 - RA
* 8 June 2000 - Washington ARNG
* 9 October 2001 - Utah Army National Guard (UTARNG)
* 7 February 2003 - UTARNG
* 22 November 2004 - transferred to the CAARNG
* 8 November 2005 - Discharged from the CAARNG and as a Reserve of the Army

3.  An email from the Defense Finance and Accounting Service (DFAS) states his master military pay account shows he received the first payment of $7,500 on
9 November 2005 and the second payment of $7,500 on 10 November 2005.  He received a total of $15,000 less taxes, net $10,249.25.

4.  On 24 January 2006, he enlisted in the CAARNG for 6 years.  He signed an NGB Form 600-7-6-R-E on 24 January 2006 for a total PSEB of $15,000 for a 
6-year enlistment.  

   a.  His initial payment of $7,500 less taxes was to be processed on the date that his enlistment contract took effect.  A subsequent payment of $7,500 less taxes was to be processed upon his 4th year anniversary of service in the National Guard.

	b.  He understood he would be terminated from bonus eligibility with recoupment if he separated from the ARNG for any reason unless due to death, injury, illness, or other impairment not the result of own misconduct.

	c.  Recoupment was to be based upon multiplying the number of months served satisfactorily during the term of which the incentive was authorized by the proportionate monthly dollar amount.  This amount will be determined by dividing the total authorized bonus amount by 72 months for a 6-year bonus.  The amount he is entitled to keep is subtracted from the total bonus paid to date.  If calculations indicate an overpayment that amount will be recouped.

5.  On 7 December 2006, he was discharged from the CAARNG by reason of employment conflict.  He completed 10 months and 14 days of service that was characterized as honorable.

6.  On 23 January 2007, he was discharged from the USAR with an honorable discharge.

7.  The memorandum the applicant stated that he received on 12 February 2013 from the Incentive Task Force CAARNG was not available.

DISCUSSION AND CONCLUSIONS:

1.  The memorandum he received from the Incentive Task Force CAARNG was not in his AMHRR and he did not provide a copy with his application.

2.  The evidence indicates he was paid a PSEB for his 6-year enlistment in the CAARNG.  The reason for the disparity in the dates of payment shown by DFAS and the date of his enlistment is unknown.  The reason he received two payments instead of only the initial payment is also unknown.  The fact remains that he was paid a total of $15,000 less taxes for a net of $10,249.25.

3.  Bonus eligibility is terminated and recoupment of a PSEB is required when an individual is separated from the ARNG unless due to death, injury, illness, or other impairment not the result of own misconduct.  The applicant's discharge due to employment did not meet these criteria; therefore, recoupment is required.

4.  The amount to be recouped is determined by subtracting the amount earned during the months satisfactorily served from the total amount paid.

5.  In view of the above, there is no basis for granting relief in this case.


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)                                         AR20130008773



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ABCMR Record of Proceedings (cont)                                         AR20130008773



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