BOARD DATE:	  26 August 2014

		DOCKET NUMBER:  AR20130020414 


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 of a debt incurred as a result of a bonus he received at the time of enlistment.

2.  The applicant states:

* He enlisted in the California Army National Guard (CAARNG) in 2006 and he is currently in an Individual Ready Reserve (IRR) status
* All he knows about his bonus is that he received a bonus that was promised at the time of his enlistment
* He was never notified that it was erroneous until completion of his required service
* A letter of notification did not clearly specify what the error was, but it states "no contract" with some reference that he was never able to find
* He is an honor guardsman and for 6 years he has always been there and has done his best to accomplish his duties and obligations for his country
* It is truly unjust to charge him with something that he was never told about
* He does not believe it was his fault because all he did was sign for the bonus and fulfill his obligation

3.  The applicant provides:

* An Incentive Notice of Indebtedness, dated 26 September 2013
* Request for Remission of Debt, dated 3 October 2013
* Korea Postal Receipt
* DA Form 3508 (Application for Remission or Cancellation of Indebtedness), dated 26 September 2013
* DA Forms 2823 (Sworn Statement), dated 1 November 2013 and 
2 November 2013
* Bank of America Statement, dated 7 November 2013
* Korea Bank Statement
* Credit Card Payment Statement
* Vehicle Lease Statement
* DA Form 3508 Receipt

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the CAARNG for 8 years on 24 October 2006.  His Enlistment/Reenlistment Agreement shows he was enlisting as a Simultaneous Membership Program (SMP) Reserve Officers’ Training Corps (ROTC) cadet and he was assured of attending the school course for military occupational specialty (MOS) 09R (Officer Candidate/Trainee).  It does not appear that he was ever commissioned.

2.  A review of the applicant's official records fails to show a bonus addendum contained therein.

3.  On 26 September 2013, the applicant was notified that the National Guard California Incentives Task Force had found him to be indebted to the U.S. Government as a result of a Non-Prior Service (NPS) bonus.  He was informed that he received Selective Reserve Incentive Program funds erroneously in the amount of $20,000.00.  He was told that action had been taken to collect the debt through salary deductions in accordance with the Department of Defense Financial Management Regulation (DODFMR) Volume A, Military Pay Policy and procedures.

4.  The applicant applied to the Defense Finance and Accounting Service requesting remission of his debt.  He was told that they did not have the authority to process a remission application for Army personnel.

5.  During the processing of this case, an advisory opinion was obtained from the Office of the Deputy chief of Staff, GI.  The Chief, Incentives and Budget Branch states:

* The applicant alleges the recruiter told him he'd receive a bonus for a military intelligence MOS, which he apparently did not qualify for because of color blindness
* 
He later accepted training in MOS 27D, a non-bonus MOS 
* The applicant served the full term of his 6-year contract and was honorably separated
* The error in this case belongs to the ARNG for not advising the applicant of any erroneous payments while he was serving

6.  The Chief, Incentives and Budget Branch recommends that the applicant be granted relief and that any debt incurred based on erroneous bonus payments be cancelled.

7.  On 27 January 2014, a copy of the advisory opinion was forwarded to the applicant for his information and to allow him the opportunity to submit comments or a rebuttal.  He did not respond.

8.  DODFMR, Volume 7A (Military Pay Policy and Procedures - Active Duty and Reserve Pay), Chapter 9 (Special Pay - Enlistment, Reenlistment and Retention Bonus - Enlisted Members), paragraph 0901 (Enlistment Bonus), provides that an enlistment bonus is authorized for individuals who enlist in a Military Service for a specific period and, if applicable, for service in a military skill that is experiencing critical personnel shortages as designated by the Secretary of the Military Department concerned.  It also provides that non-prior service enlistees who have received an enlistment bonus under the Selective Reserve Incentive Program retain eligibility for the Regular Component enlistment bonus under this section if all other eligibility criteria are met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant enlisted in the CAARNG as an SMP for training as an ROTC cadet.  It does not appear that he was ever commissioned.  The advisory opinion notes that the applicant alleges his recruiter told him he'd receive a $20,000.00 NPS enlistment bonus for a military intelligence MOS.

2.  Through no fault of his own, he was subsequently told that he could not train in that MOS due to color blindness.  Therefore, he trained in an alternate MOS without ever being told that he was no longer eligible to receive the enlistment bonus.  The MOS in which he trained was not authorized an enlistment bonus.

3.  According to the available evidence, the misinformation was provided to him by his recruiter.  He was notified 7 years later that he was not authorized the bonus.  Therefore, it would not be in the interest of justice to recoup the enlistment bonus he received.


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 the State Army National Guard records and the Department of the Army records of the individual concerned be corrected by:

* Showing the National Guard Bureau granted an exception to policy allowing him to retain the NPS bonus
* Cancelling the recoupment of all debt he accrued as a result of the bonus he received at the time of his enlistment as a result of the above correction
* Reimbursing him, from Army National Guard funds, for any and all bonus payments recouped from him through no fault of his own



      _______ _  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)                                         AR20130020414



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ABCMR Record of Proceedings (cont)                                         AR20130020414



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