IN THE CASE OF:
BOARD DATE: 16 September 2014
DOCKET NUMBER: AR20140000206
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 relief from recoupment of his $15,000 reenlistment bonus (REB) and $9,000 Student Loan Repayment Program (SLRP) incentive.
2. The applicant states, in effect, that his REB is being recouped based on an incorrect calculation of his service and his SLRP incentive is being incorrectly recouped based on him not being military occupational specialty (MOS) qualified. However, he did not have over 20 years of service and he was MOS qualified.
3. The applicant provides a list of documents submitted on page 4 of his application.
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. The applicant was serving in the California Army National Guard, deployed to Kuwait, and serving in pay grade E-6, when he signed a 6-year extension of his enlistment on 10 November 2006 to receive a $15,000 REB and the SLRP incentive.
3. In 2012, the applicant was notified that an audit conducted by an incentive task force determined that he was ineligible for the REB due to having over
20 years of service at the time of his extension and that he was ineligible for the SLRP incentive because he was not MOS qualified.
4. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opines that the applicant is entitled to partial approval of his request. Officials at the NGB opine that the applicable policy allowed deployed Soldiers 36 months to become MOS qualified and the applicant became MOS qualified within 22 months of receiving the incentive. Therefore, he is eligible to receive the contracted SLRP incentive. In regard to his REB, officials opine that the applicant was eligible to contract for his REB; however, he should have received a pro-rated contract of 49 months based on when he attained 24 years of service. Accordingly, he was entitled to receive $10,208.33 and the remaining $4,491.67 should be recouped. The advisory opinion was provided to the applicant for comment and he concurred with the opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and it appears to have some merit.
2. The applicants SLRP incentive was cancelled and recoupment was initiated because he was not MOS qualified; however, he met the policy requirements for MOS qualification and his incentive was improperly cancelled. Accordingly, his SLRP incentive should be reinstated, recoupment action terminated and any monies collected for that debt returned to the applicant.
3. In regard to his REB, the applicant was eligible to receive an REB; however, he was only eligible to receive 49 months of the 72-month incentive due to having reached 24 years of service. Accordingly, only $4,491.67 should be recouped from the REB. Any funds in excess of that amount should be returned to the applicant.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by:
a. Voiding the recoupment action associated with the SLRP incentive, restoring the remainder of his SLRP incentive, and returning any funds recouped in connection with the SLRP incentive to the applicant.
b. Amending the applicants REB contract to show that he is entitled to receive 49 months of the REB incentive instead of 72 months and recouping $4,491.67 of the REB incentive. Any funds recouped in excess of this amount will be refunded to the applicant.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to cancelling the entire recoupment action involving his REB debt.
__________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) AR20140000206
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140000206
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013240
The applicant states: * it is true he was not DMOSQ at the time of his extension * he was DMOSQ by 2 May 2007, well before his 12 July 2007 contract effective date * regarding acceptance of the AGR position, policy has since changed to allow a Soldier to retain incentives * he entered into a contract trusting he was eligible for the REB and SLRP * per the terms he had fully performed his end of the contract * he would not have agreed to the extension if not for the REB and SLRP 5. The...
ARMY | BCMR | CY2013 | 20130022385
Application for correction of military records (with supporting documents provided, if any). He stated: * review of the applicant's record showed he extended his ARNG enlistment on 10 April 2005 for 6 years in MOS 88M for an REB of $15,000.00 * the applicant served the full term of his extended contract and his MOS appeared on the 2005 Selected Reserve Incentive Program (SRIP) list 7. As a result, the Board recommends that all Department of the Army and State Army National Guard records of...
ARMY | BCMR | CY2014 | 20140007216
f. In a memorandum, subject: [ABCMR] Appeal for [Applicant], dated 19 November 2013, the ITF Commander confirms the findings of ITF audits and states: * the applicant relied on MSG J____ and his command and there is no evidence of fraud on his part * the applicant has three certified debts $22,500.00 (REB), $10,000.00 (OAB), and $6,000.00 (SLRP) * as of 13 November 2013, he had repaid $1,096.57 of his SLRP debt * he did not sign his SLRP addendum or REB addendum at the time of his...
ARMY | BCMR | CY2014 | 20140007216
f. In a memorandum, subject: [ABCMR] Appeal for [Applicant], dated 19 November 2013, the ITF Commander confirms the findings of ITF audits and states: * the applicant relied on MSG J____ and his command and there is no evidence of fraud on his part * the applicant has three certified debts $22,500.00 (REB), $10,000.00 (OAB), and $6,000.00 (SLRP) * as of 13 November 2013, he had repaid $1,096.57 of his SLRP debt * he did not sign his SLRP addendum or REB addendum at the time of his...
ARMY | BCMR | CY2014 | 20140002359
The opinion states the applicant requested relief from the recoupment of an REB and SLRP offered at the time of her reenlistment in the CAARNG. She also received on 22 August 2007 an REB payment of $7,500.00 as a later payment for her REB in 2003. The applicant contends that her military records should be corrected to show she is authorized the REB and SLRP funds she received.
ARMY | BCMR | CY2014 | 20140018059
The applicant states, in effect: * he enlisted in the California Army National Guard (CAARNG) with no prior service in 2006 * his recruiter advised him about the current benefits (e.g. GI Bill, Kicker and SLRP) available for enlisting in military occupational specialty (MOS) 92Y (Unit Supply Specialist), which was considered a critical MOS * being out of school for so long, he only scored a 49 on his AFQT (Armed Forces Qualification Test ); however, he needed a test score of 50 in order to...
ARMY | BCMR | CY2014 | 20140018945
The applicant states, in effect: a. after having prior service in the U.S. Air Force, he enlisted in the Connecticut Army National Guard (CTARNG) in December 2007; b. in July 2008, he applied for an interstate transfer to the California Army National Guard (CAARNG) and in December 2008 inquired about his SLRP benefits; c. Master Sergeant (MSG) J_____ informed him he qualified for the SLRP and that she would process his payments directly to Sallie Mae; d. through an audit process conducted by...
ARMY | BCMR | CY2015 | 20150000083
The advisory official recommended relief from recoupment of the applicants SLRP in the amount of $6,000.00, contracted on 19 January 2007. He further stated that the applicant did not extend within the proper time frame to receive the $15,000.00 REB, the bonus addendum was not dated or signed by a verifying service representative, and the applicant was in a non DMOSQ 13R position at the time of extension. Partial payment of $1,250.00 of his $2,500.00 REB (3-year commitment), dated on 22...
ARMY | BCMR | CY2015 | 20150002718
The applicant requests that he be granted an exception to policy to retain his reenlistment extension bonus (REB). On 23 November 2014, the applicant extended his enlistment for a period of 6 years which takes his enlistment to 13 October 2021. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected by showing that he is granted an exception to policy, that he is qualified to retain his REB, and that any...
ARMY | BCMR | CY2014 | 20140000470
h. It was recommended: (1) approval of the applicant's request for relief of recoupment of the REB in the amount $15,000.00, recoupment of the $10,000.00 OAB, and recoupment of the $7,579.10 SLRP funds received prior to his commissioning date; and (2) disapproval of his request for waiver of recoupment of $5,100.00 SLRP funds received after his commissioning date. The applicant completed valid contracts for receipt of an REB and payment under the SLRP, and when he was commissioned he...