BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140016032
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, the remission/cancellation of his bonus debt.
2. The applicant states that he signed up for an enlisted affiliation bonus (EAB) with the Alaska Army National Guard (AKARNG) and received his first half of his bonus in the amount of $3,500. He goes on to state that just prior to enlisting in the AKARNG, he had returned from a 13 month deployment to Afghanistan and was suffering from post-traumatic stress disorder (PTSD). He continues by stating that he did not seek help, he suffered through it, which caused him to miss participation in the AKARNG. There was a lot of miscommunication that led to him being transferred to the Individual Ready Reserve and he was subsequently notified that he was to repay $2,603.69 due to unsatisfactory participation. He concludes by stating that he served his country honorably and is currently attending school full time for nursing and having this debt on him is affecting him mentally and financially.
3. The applicant provides no additional documents with 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 enlisted in the Regular Army on 10 January 2005. He completed basic training at Fort Jackson, South Carolina, advanced individual training as a petroleum supply specialist at Fort Lee, Virginia, and airborne training at Fort Benning, Georgia before being transferred to Fort Bragg, North Carolina for his first and only assignment. He deployed to Afghanistan during the period 22 January 2007 through 31 January 2008.
3. On 30 April 2008, while still serving on active duty, the applicant entered into an enlistment contract with the AKARNG for a period of 3 years and a $10,000 EAB. As part of his bonus agreement, he acknowledged that his bonus was subject to recoupment if he incurred 9 or more unexcused absences in a 1-year period.
4. On 11 June 2008, the applicant was honorably released from active duty due to completion of required service. He had served 3 years, 5 months, and 2 days of active service and was transferred to his AKARNG unit.
5. On 18 November 2010, the applicant was discharged from the AKARNG due to unsatisfactory participation. He had nine or more absences in a 1-year period and was transferred to the United States Army Reserve Control Group (Individual Ready Reserve).
6. On 31 July 2014, the National Guard Bureau disapproved the applicants request for an exception to policy to retain his EAB because he had 9 or more absences in a 1-year period and did not complete his service obligation with the AKARNG in violation of Selective Reserve Incentive Program (SRIP) Policy Number 07-06.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been carefully considered and appear to lack merit.
2. The applicant did not fulfill the terms of his SRIP agreement in that he had
9 or more unexcused absences within a 1-year period and he has provided no evidence to show those absences for which he was charged were in error.
3. While he contends that he was suffering from PTSD and that repayment of the bonus will create a hardship for him he has provided no evidence to support his contentions.
4. Accordingly, there appears to be no error or injustice in his case and no basis to grant his request for remission/cancellation of his debt.
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) AR20140016032
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