IN THE CASE OF:
BOARD DATE: 24 June 2014
DOCKET NUMBER: AR20130017108
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 the financial recoupment action pertaining to his Selected Reserve Incentive Program (SRIP) bonus.
2. The applicant states, in effect, that he extended his enlistment for a period of 6 years and received a $15,000 SRIP bonus on 6 November 2006. He was asked if he wanted a job in the Health Service Division and he accepted the position on 19 November 2006, not knowing that it was a military technician (MILTECH) position which would negatively affect his bonus entitlement. He was never counseled by his new supervisor regarding the impact his taking the position would have on his bonus and he was not made aware at the time of his extension the impact of accepting a MILTECH position would have on his bonus. Recoupment action initiated 7 years after the fact will create a financial hardship for him and his family. Had he been properly counseled, he would have made a different decision.
3. The applicant provides a list of enclosures on pages 5 and 6 of his application.
CONSIDERATION OF EVIDENCE:
1. On 3 November 2006, while serving in the Idaho Army National Guard (IDARNG) in the rank of sergeant, the applicant extended his enlistment for a period of 6 years and a $15,000 SRIP bonus. He also signed a NGB Form 600-7-3-R-E (Reenlistment /Extension Bonus Addendum) which states termination of his bonus would occur without recoupment if he accepted a MILTECH position or Active Guard Reserve (AGR) position and on the effective date of his orders had served at least 6 months of the incentive contract term. With his signature, he acknowledged he had read the addendum in its entirety and understood all of the statements contained therein.
2. On 6 March 2013, the IDARNG G1 submitted a request for an exception to policy to stop recoupment action of the SRIP bonus. He stated that the debt was through no fault of the applicants and cancellation of recoupment was in the best interest of the applicant, the command, and the Army.
3. On 16 July 2013, the National Guard Bureau (NGB) denied the request for an exception to policy.
4. A review of the available records failed to show he applied to the Defense Finance and Accounting Service (DFAS) or the U.S. Army Human Resources Command (HRC) for cancellation or remission of his debt due to hardship.
5. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) serves as the authority for the remission or cancellation of indebtedness. It provides that the objective of remission or cancellation is to remit or cancel debts that are considered unjust.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions that his debt should be cancelled/remitted because he was not made aware of the consequences of his decision when he accepted a MILTECH position is noted and found to lack merit.
2. The applicant was informed through his enlistment and bonus contract that his SRIP bonus would be recouped if he failed to complete the terms of his incentive contract. His contract specified that acceptance of a MILTECH or AGR position would result in termination and recoupment of the incentive if he had not served 6 months of that contract. Although he may not have read the addendum, he signed his name acknowledging that he had read it. He signed the contract on
3 November 2006; he accepted the MILTECH position two weeks later.
3. The applicant further contends that the recoupment would impose a financial hardship on his family; however, he has provided no evidence to substantiate that claim.
4. He has not shown through the evidence of record or the evidence submitted with his application that his debt is in error or unjust. Therefore, it would be inappropriate to allow him to keep unearned monies for service he did not perform as directed by the bonus addendum. To do so would afford him a benefit not afforded to others in similar circumstances.
5. Accordingly, there is no basis to grant the applicants request to remit or cancel his bonus debt.
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) AR20130017108
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ABCMR Record of Proceedings (cont) AR20130017108
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