2. The applicant requests that his records be corrected to show that he reenlisted on 22 November 1994 for a period of 3 years instead of 2 years and that he be authorized repayment of $326.94 that was recouped from his pay as an unearned enlistment bonus.

3.  The applicant states, in effect, that he reenlisted on 22 November 1994 for a period of two years because that was the most he could reenlist for without exceeding the retention control point (RCP) for his grade.  He further states that had he been informed that his enlistment bonus was going to be recouped, he would have requested an exception to policy to exceed his RCP and would have reenlisted for an additional year to avoid the recoupment.  In support of his application he submits a statement from his retention NCO indicating that he had not informed the applicant of the provision for recoupment of his enlistment bonus and that the applicant’s unearned enlistment bonus was recouped because he (the retention NCO) failed to take the necessary actions to request an exception to policy prior to reenlisting the applicant.

4.  The applicant’s military records show that he enlisted on 5 July 1989 for a period of 6 years, for training in military occupational specialty 95B, and for a cash bonus in the amount of $3,000.00.  The scheduled date of the expiration of his term of service was to be 4 July 1995.  

5.  On 22 November 1994 he reenlisted in the pay grade of E-4 for a period of 2 years.  On 31 January 1995, $326.94 was recouped from his pay as an unearned enlistment bonus.

6.  In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  It opined, in effect, that subsequent to the applicant’s reenlistment, the applicable regulation was changed to allow soldiers serving in the pay grade of E-4 who enlisted for a period of 6 years to reenlist for a period of 3 years (exceeding the RCP for that grade) in order to avoid recoupment of the enlistment bonus.  Prior to that change, soldiers were required to request an exception to policy from the Department. 

7.  Army Regulation 601-280, paragraph 8-22b, states that an enlistment bonus recipient who is discharged and immediately reenlists before completing the obligated service will not be required to refund the unearned portion as long as the reenlistment is for at least 2 years beyond the time which the enlistment bonus was paid.

CONCLUSIONS:

1.  The failure of retention personnel to properly counsel the applicant concerning his reenlistment has worked an injustice upon him.

2.  In order to have been eligible to retain the unearned portion of his enlistment bonus, the applicant needed to reenlist for a period of 3 years.

3.  Had the applicant been properly advised of his available options, as well as the policy concerning bonus recoupment, it is reasonable to presume that he would have elected to reenlist for 3 years so as to avoid bonus recoupment.

4.  Therefore, it would be equitable and just to correct the applicant’s term of service to reflect 3 years instead of 2 years and return that portion of his enlistment bonus which was recouped through no fault of his own.

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

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned reenlisted on 22 November 1994 for a period of 3 years and by reimbursing him with that portion of the enlistment bonus which was recouped as a result of his 2-year reenlistment on 22 November 1994. 

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON