BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20140001144
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 the remission/cancellation of his indebtedness for a $15,000 reenlistment bonus.
2. The applicant states, in effect, that he was paid a $15,000 reenlistment bonus under the Selected Reserve Incentive Program (SRIP) and he completed his military occupational specialty (MOS) qualifications and deployed to Iraq as a team leader. However, his bonus addendum has come up missing and the California Army National Guard (CAARNG) has initiated recoupment action for the $15,000 he was paid.
3. The applicant provides copies of the notification from the CAARNG notifying him of his debt, retirement points statement, his reenlistment contract, DD Forms 214 (Certificates of Release or Discharge from Active Duty), Academic Evaluation Report, MOS orders, orders transferring him to and from the inactive Reserve, discharge orders, orders to active duty, Combat Infantryman Badge (CIB) orders, certificate of training, a letter referring him for evaluation under the Physical Disability Evaluation System, and his personnel qualification record.
CONSIDERATION OF EVIDENCE:
1. The applicant was serving in the CAARNG on 10 May 2007 when he reenlisted for a period of 6 years and a $15,000 reenlistment bonus in MOS 11B.
2. The applicant completed his training as an infantryman on 29 September 2007 and was deployed to Iraq during the period 20081018 20090805.
3. The applicant was determined to be medically unfit for retention and was medically discharged on 23 December 2011.
4. On 5 March 2013, officials at the CAARNG notified the applicant that his bonus was subject to recoupment due to the lack of a contract authorizing payment of the reenlistment bonus.
5. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff G-1 which opines that it is clear he served beyond his initial term of service as evidenced by the fact that he deployed to Iraq and was subsequently medically discharged. Accordingly, his contract should be reconstructed and debt recoupment action should be terminated. The advisory opinion was provided to the applicant for comment and he responded to the effect that he concurred with the opinion.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and appear to have merit.
2. Although not contained in the available evidence, it is reasonable to presume that the required addenda did at some point exist as he was paid the $15,000 reenlistment bonus by the Defense Finance and Accounting Service (DFAS) and it is well known that DFAS does not disburse funds without authorization documents for disbursements.
3. In light of the recommendations from the Office of the Deputy Chief of Staff
G-1, the applicants contract should be reconstructed and recoupment action should be stopped.
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 and Army National Guard records of the individual concerned be corrected by showing the CAARNG rescinded the recoupment action pertaining to his reenlistment bonus and refunding to him any monies collected.
_______ _ 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) AR20140001144
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ABCMR Record of Proceedings (cont) AR20140001144
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