BOARD DATE: 13 January 2015
DOCKET NUMBER: AR20140009483
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 bonus debt.
2. The applicant states, in effect, that he enlisted in the United States Army Reserve (USAR) for a period of 6 years for assignment to a troop program unit (TPU) and a $6,000 enlistment bonus. He received a portion of the bonus with the remainder to be paid as earned. He volunteered for active duty and served 18 months on active duty. After his release from active duty, he was having a hard time finding a civilian job, so he applied for an overseas civilian contractor job and was transferred to the USAR Control Group (Reinforcement) until his contract overseas was completed. He then applied for an Active Guard Reserve (AGR) position at Fort Hood, TX, where he served for 3 years. In August 2013, he was notified that his debt had been remitted in the amount of $3,750.00; however, in November 2013, he was notified that the approval for debt remission had been cancelled because of inaccurate information regarding his spouses income. In his sworn statement, he indicated he was married with four children and his spouse did not work because they have two special needs children. He also indicated that she was unemployed from June to December 2012, when she accepted an AGR tour in Wisconsin. Additionally, it is his intent to continue to serve in the USAR.
3. The applicant provides a two-page letter explaining his application, letters from the U.S. Army Human Resources Command (HRC) regarding his request to remit/cancel his debt, a Sworn Statement (DA Form 2823), copies of his orders, his request for repayment of his reenlistment bonus debt, and his Application for Remission or Cancellation of Indebtedness (DA Form 3508).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 8 July 1998 for a period of 3 years and training as a petroleum supply specialist. He completed his training and remained on active duty through continuous reenlistments. He was promoted to the pay grade E-6 on 1 March 2005.
2. After receiving orders transferring him to Korea, he elected to sign a declination of continued service statement. Consequently, he was processed for discharge.
3. On 10 March 2006, he enlisted in the USAR for a period of 6 years, assignment to a TPU, and a $6,000.00 enlistment bonus. His bonus addendum is not contained in the available records.
4. On 9 April 2009, the applicant was transferred to the USAR Control Group (Reinforcement) to accept civilian employment overseas.
5. On 23 August 2011, he was ordered to active duty at Fort Hood, TX for a period of 1 year. On 1 December 2011, he was promoted to the pay grade E-7.
6. On 11 October 2012, he married a USAR Soldier who was ordered to active duty in the AGR Program for a period of 3 years in pay grade E-6.
7. On 29 May 2013, a Pay Adjustment Authorization (DD Form 139) directed the bonus recovery of $4,043.13.
8. The applicant submitted a request for remission/cancellation of debt and included a sworn statement indicating that he was married with four children and his wife did not work because they had two special needs children. He indicated that his wife had no income and his expenses exceeded his income. He applied for remission/cancellation of his debt based on hardship.
9. On 13 November 2013, the HRC notified him that the approval for partial remission of his debt made on 1 August 2013 was rescinded due to inaccurate information he provided regarding his spouses income. He was advised to apply to this Board.
10. On 21 March 2014, his spouse had their marriage annulled.
11. He is currently serving on active duty as a USAR Recruiter.
12. 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. While the applicants bonus addendum is not present in the available evidence and he has not provided it, it appears that he enlisted in the USAR for a period of 6 years and assignment to a TPU.
2. It also appears that the reasons for him not fulfilling his contract with service in a TPU were all based on personal decisions he made, none of which constitute an error or injustice on the part of the Army.
3. It also appears that he was not forthcoming in his application for remission/cancellation of his debt, as he indicated his spouse did not work and stayed at home with their two special needs children. At the time he completed that application, his spouse was serving on an AGR tour in pay grade E-6.
4. Therefore, since the applicant failed to show that there is an error or injustice or that the debt has created a hardship on him, there appears to be no basis to grant his request.
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.
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