2.  The applicant requests, in effect, that recoupment of the unearned portion of his selective reenlistment bonus (SRB) be stopped and that the debt be remitted.

3.  The applicant states that he reenlisted on 14 February 1994 for a period of 6 years with entitlement to an SRB-2A in military occupational specialty (MOS) 97B (counterintelligence special agent).  On 16 June 1995, after undergoing a selection and qualification process, he reclassified to MOS 95D (Criminal Investigation Command Special Agent) which also has an SRB-2A.  He goes on to state that he is serving in a shortage MOS which apparently best serves the needs of the Army, since the Department deemed it appropriate to approve his reclassification.  He also states that although he realizes that he will not be entitled to any further payments, the recoupment action will impose an undue financial hardship on him and his family.   

4.  The applicant’s military records show that he reenlisted on 14 February 1994 for a period of 6 years with entitlement to an SRB-2A in military occupational specialty (MOS) 97B.  After serving approximately 1 year of his reenlistment, he voluntarily requested reclassification to the shortage specialty of 95D, which also has an SRB-2A.  His request was approved by the Total Army Personnel Command (PERSCOM).  After being reclassified to MOS 95D, he was transferred to Panama, where he received notification from the finance office that he would have to pay back the unearned portion of the SRB that he had already been paid.

5.  In the processing of this case a staff advisory opinion was obtained from the PERSCOM.  It opined that in accordance with Army Regulation 601-280 recoupment of the unearned portion of an SRB is required when a soldier voluntarily reclassifies out of the bonus MOS.  Since the applicant’s reclassification was voluntary, recoupment was required.  The PERSCOM recommended that his request be denied.

6.  Army Regulation 601-280 serves as the authority for the SRB program.  It states, in pertinent part, that a soldier who voluntarily reclassifies and fails to complete the obligated service for which the SRB was paid will refund that percentage of the bonus for which he or she did not fulfill the agreement.  Soldiers who are bonus recipients may voluntarily reclassify provided they volunteer in writing and agree to recoupment of the unearned portion of the bonus.  It also states, in paragraph 8-23, that a soldier need not forfeit any portion of his or her bonus when utilization or reclassification is directed by the Department in another MOS to meet CONUS, overseas, or other mission requirements. 

7.  Army Regulation 600-200 serves as the authority for reclassification of enlisted personnel.  It states, in pertinent part, that reclassification of a primary MOS is prohibited during the period of service for which a soldier has received an SRB.  However, soldiers requesting reclassification into MOS 95D may request reclassification at anytime regardless of the status of their PMOS.

CONCLUSIONS:

1.  Although the applicant was properly reclassified into a shortage MOS within his career management field and was aware that he would no longer be entitled to receive 
anymore SRB payments, he apparently was unaware that he would have to repay the unearned portion of the SRB payments he had already received.

2.  Consequently, the recoupment action is creating a financial burden on the applicant that he may otherwise have been able to avoid, had he known about the recoupment policy before submitting his request for reclassification. 

3.  Inasmuch as there are provisions for allowing soldiers to retain their bonus entitlements when they are reclassified by the Department into a different MOS to meet the needs of the Department, and given that he reclassified into a shortage MOS that has the same SRB and that allows reclassification under all circumstances, it would be appropriate and just to stop the action to recoup the unearned portion of his SRB and allow the applicant to keep that portion of his bonus as an exception to policy.  Additionally, any SRB funds recouped from him as a result of his reclassification should be returned to him.

4.  In view of the foregoing, it would be appropriate and just to correct the applicant’s records as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by remitting the unearned portion of the SRB owed by the individual concerned which was incurred as a result of his reclassification on or about 16 June 1995.

2.  That any portion of the remitted amount that has already been collected be repaid to him.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		      CHAIRPERSON