I don't like that. I don't like that at all. So now will some judge or bureaucrat get to decide whether or not the soldier knew or reasonably should have known?
That wording can only lead to more stress and uncertainty. If the soldier did his hitch, forgive any over-payment. Period.
See the link to the article I posted above. Doesn’t look like any of the beneficiaries of these bonuses had any way to know these were overpayment. It was Guard recruiting that screwed them, and people went to jail for this. The enlisted men look like total victims to me.