IN THE CASE OF: 

		BOARD DATE:	  2 September 2014

		DOCKET NUMBER:  AR20140011329 


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 action pertaining to his Prior Service Enlistment Bonus (PSEB).

2.  He states that on 11 July 2006 he enlisted in the Florida Army National Guard (FLARNG) for a PSEB in the amount of $15,000.00.  He adds received his first installment of $7,500.00 after completing his military occupational specialty training in May 2007.  On 27 October 2007, he became a permanent full-time military technician.  He was deployed to Iraq the following year.  The second installment was automatically paid to him without his request.  He was unaware that he was not entitled to the second installment and assumed it was based on being deployed overseas under Title 10.  It was over 4 years since he received the final payment of his bonus when he received a memorandum from his State notifying him of the recoupment action of the second installation of the PSEB.  He kept all his contractual obligations and in view of the clerical error that was due to no fault of his own, the amount of time that has passed, and the financial burden he would incur, he requests dismissal of the recoupment action. 

3.  He provides:

* Self-authored statement
* Memorandum, Subject:  Notification of Incentive Eligibility Termination, dated 9 September 2013
* Memorandum, Subject:  Request for Exception to Policy (ETP) for PSEB (Applicant), dated 7 January 2014  

* Standard Form (SF) 50 (Notification of Personnel Action), dated 
28 October 2007
* Enlistment/Reenlistment Documents
* Defense Finance and Accounting Service Leave and Earnings Statement (LES) 
* DA Forms 1059 (Service School Academic Evaluation Report), dated 
30 April 2007 and 22 May 2007
* DD Form 214 (Certificate of Release or Discharge from Active Duty)

CONSIDERATION OF EVIDENCE:

1.  After having prior service in the Regular Army, on 11 July 2006 he enlisted in the FLARNG for a period of 6 years.  

2.  In conjunction with this enlistment, he completed Annex X to DD Form 4 (Enlistment/Reenlistment Document) or DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) Prior Service Enlistment Bonus Addendum which shows in:

   a.  Section III (Bonus Amount and Payment), paragraph 2, he initialed the statement of "I will receive a total bonus of $15,000.00 for a 6-year enlistment.  My initial payment of $7,500.00 less taxes will be processed on the date that my enlistment contract takes effect.  Subsequent payment of $7,500.00 less taxes will be processed upon my 3rd anniversary of service in the National Guard."  
   
   b.  Section V (Termination) he understood he would be terminated from bonus eligibility, with recoupment, if he accepted a military technician position effective on the start date.  "Recoupment is not required if I have served at least 6 months of the incentive contract following the date of bonus payment eligibility."

	c.  Section VII (Statement of Understanding) he initialed this section indicating that he had read the addendum in its entirety.  He understood all of the above statements concerning his enlistment bonus.  He understood that the addendum would be voided if he did not meet all of the requirements.  No other promises had been made to him in connection with his enlistment bonus addendum.

3.  On 30 April 2007 and 22 May 2007, he completed Phase I and Phase II of the Tactical Satellite Communications Systems Operator/Maintainer Course and he was subsequently awarded MOS 25S (Satellite Communications Systems Operator/Maintainer).  

4.  On 28 October 2007, he was assigned as a military technician.

5.  On 5 November 2009, he was ordered to active duty and served in Iraq/Kuwait from 25 November 2008 to 25 September 2009.  On 5 November 2009, he was honorably released from active duty and returned to his FLARNG unit.   

6.  His LES for the period 1 July 2009 shows he received a payment of $7,500.00 which was listed as a "6-year reenlistment bonus."

7.  On 24 August 2011, the applicant was appointed as a warrant officer one in the FLARNG.

8.  On 9 September 2013, the Incentive Manager (IM), FLARNG, notified the applicant of a discrepancy found in his incentive contract for a PSEB contracted on 11 July 2006.  The recoupment amount was listed as $7,500.00 and the reason was listed as an overpayment of an authorized bonus payment made while he was in a permanent technician status.

9.  On 7 January 2014, the Deputy G1, National Guard Bureau, denied the applicant's request to retain the $15,000.00 PSEB.  He said the State IM will terminate the incentive with recoupment.  He further stated: 

* The applicant became a military technician 179 days or less after his contract started (awarded MOS on 22 May 2007; accepted military technician position on 28 October 2007)
* His contract/bonus addendum cannot be found and a review of his reenlistment documents do not support an incentive being offered

10.  On 9 September 2013, the FLARNG IM notified the applicant of his incentive eligibility being terminated and the recoupment amount of $7,500.00 being forwarded for debt collection action.  The reason for the recoupment was listed as overpayment of an authorized bonus; a payment made while he was in a permanent technician status.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that on 11 July 2006 the applicant enlisted for a PSEB in the amount of $15,000.00.  During his enlistment processing, he acknowledged he understood that if he accepted a military technician position and on the effective date of his orders had served at least 6 months of the incentive contract term, he would be terminated from bonus eligibility without recoupment.

2.  He was awarded his contracted MOS on 22 May 2007.  On 28 October 2007, he was assigned as a military technician.  Therefore, he only served in the MOS for 5 months and 7 days prior to becoming a military technician.  Since the applicant did not fulfill his contractual agreement by serving as a military technician, he was no longer eligible for the second payment of his PSEB.  The fact that he was erroneously paid the second payment of the bonus and not notified of the recoupment action until several years later is not sufficient justification to cancel the recoupment action.  

3.  In view of the foregoing, he was not entitled to the PSEB which he was erroneously paid.  There does not appear to be any inequity or injustice in this case.  Therefore, there is an insufficient basis and lack of evidence to grant the applicant's 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.


ABCMR Record of Proceedings (cont)                                         AR20140011329





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ABCMR Record of Proceedings (cont)                                         AR20140011329



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