IN THE CASE OF:
BOARD DATE: 30 October 2014
DOCKET NUMBER: AR20140001626
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 correction of his military records to show he was authorized an exception to policy to retain a reenlistment bonus (REB) in the California Army National Guard (CAARNG).
2. The applicant states, in effect, he was told that his primary military occupational specialty (PMOS), 92R (Parachute Rigger), was eligible for an REB. He reenlisted for six years and was paid a $15,000.00 bonus in two installments of $7500.00. He did not do anything wrong and the recoupment of this bonus is causing his family a great financial hardship.
3. The applicant provides his reenlistment documents, military orders, pay records, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
CONSIDERATION OF EVIDENCE:
1. Having prior service in the U.S. Army Reserve (USAR), the applicant enlisted in the CAARNG on 14 June 2004.
2. On 1 June 2006, he executed a 6-year extension of his enlistment in the CAARNG on a DA Form 4836 (Oath of Extension of Enlistment or Reenlistment). This document is void of his signature. In connection with his enlistment, he completed a memorandum, SUBJECT: Enclosure to DA Form 4836 (Extension of Enlistment), wherein he acknowledged that he met the requirements for reenlistment and authenticated this document with his signature. His record is void of a bonus addendum showing the specific bonus criteria.
3. On 28 August 2014, in the processing of this case, an advisory opinion was obtained from the Reserve Components Incentives Program Manager, Office of the Deputy Chief of Staff, G-1, Headquarters, Department of the Army. The advisory official recommended approval of the applicant's request for administrative relief from recoupment. He further stated:
a. the Soldier's DA Form 4836 indicates that he was offered an incentive. A Soldier should not be held accountable for a lost or misplaced document that should have been filed in an official personnel file; and
b. the Soldier fulfilled his service obligation as required; therefore, he should be granted relief from recoupment.
4. The applicant was provided with a copy of this advisory opinion but did not provide further comments.
5. Title 37, U.S. Code, section 332(d) states to receive a bonus under this section, a person or officer determined to be eligible for the bonus shall enter into a written agreement with the Secretary concerned that specifies the amount of the bonus, the method of payment of the bonus, the period of obligated service, and the type or conditions of the service.
DISCUSSION AND CONCLUSIONS:
A review of the evidence shows that the absence of an REB Addendum is the only basis for recouping the applicant's $15,000.00 REB. Lacking evidence of his ineligibility for the bonus, and having met his service obligation, it would be appropriate to correct his record by adding an appropriate REB Addendum dated 1 June 2006. As a result of this correction, any action to recoup his REB should be cancelled and he should be repaid any monies already recouped, if any.
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 State Army National Guard records of the individual concerned be corrected by showing an appropriate REB Addendum dated
1 June 2006 was properly prepared and added to his records. As a result of this correction, any action to recoup his REB should be cancelled and he should be repaid, out of Army National Guard funds, any monies already recouped, if any.
____________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.
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