IN THE CASE OF:
BOARD DATE: 27 February 2014
DOCKET NUMBER: AR20130015444
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 the recoupment action taken against him be stopped, that all funds recouped be returned to him, and that all credit agencies be notified that the debt was invalid.
2. The applicant states, in effect, that he received a Critical Skills Retention Bonus (CSRB) in 2009 and in 2011 he accepted an Active Guard Reserve (AGR) position. He was told that acceptance of the AGR position would cause further bonus payments to stop but that there would be no recoupment; however, the Defense Finance and Accounting Service (DFAS) initiated recoupment actions against him without any notice and his tax return was attached and was reported to credit agencies. He has attempted to contact DFAS officials without any results.
3. The applicant provides a statement of events and his request to the U.S. Army Reserve (USAR) Command for an exception to policy.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving as a USAR captain on 21 September 2009 when he signed a CSRB agreement for $20,000 and a period of 3 years. His agreement stated his bonus would be terminated and subject to recoupment if:
* He became an unsatisfactory participant
* Voluntarily transferred to a non-critical skill Area of Concentration (AOC), except to fulfill promotion obligation
* Failed to become AOC qualified within 24 months
2. His agreement also stated that the bonus would be terminated but not recouped for:
* Death of the service member not the result of members misconduct
* Injury or illness of the service member not the result of members misconduct
* Service-directed employment in another military specialty, drawdown or elimination of the specialty, involuntary reduction in force
* Separation or reassignment for hardship or dependency
3. On 26 November 2011, the applicant entered into the AGR Program.
4. On 1 April 2013, the applicant was notified by the Internal Revenue Service (IRS) that he had a delinquent debt with the Department of Defense in the amount of $6,713.59 and due to penalties and fees the debt was now $8,593.40.
5. On 8 April 2013, the applicants unit submitted a request for an exception to policy to stop the recoupment of the applicants bonus. The applicants chain of command fully supported the action and indicated the applicant had been informed at the time he accepted the AGR position that his bonus would not be recouped.
6. On 15 July 2013, the USAR Command at Fort Bragg, North Carolina denied the request for an exception to policy contending that he had violated the terms of his agreement when he entered into the AGR Program. He was advised to apply to this Board.
7. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1which opines that the applicant served the entire period of his CSRB obligation in the appropriate AOC and career management field and because the Department of the Army and Army Reserve implementation guidance and CSRB Agreement did not clearly specify entry into the AGR Program would result in termination and recoupment, there is no evidence that he was appropriately advised of the implication if he became an AGR officer while serving the CSRB obligation. The Deputy Chief of Staff, G-1 recommends that his request for relief be granted. The advisory opinion was provided to the applicant for comment and to date, no response has been received by the staff of the Board.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and appear to have merit.
2. The applicants CSRB Agreement does not contain language that suggests that his bonus would be recouped if he entered into an AGR agreement and he served the entire period of his CSRB in the specialty in which he contracted.
3. While subsequent guidance was issued that provides for recoupment of a CSRB, it was not published at the time he entered into his CSRB Agreement. Additionally, the applicant was informed by USAR officials at the time he entered into the AGR Program that recoupment of his bonus would not occur.
4. Therefore, as a matter of equity, the recoupment action should be rescinded, any monies recouped should be returned to the applicant, and all credit agencies should be notified that the debt was invalid.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the recoupment action pertaining to his CSRB was rescinded, refunding all monies collected, and notifying all credit agencies that the debt was invalid.
_______ _ 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) AR20130015444
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ABCMR Record of Proceedings (cont) AR20130015444
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