IN THE CASE OF:	  

		BOARD DATE:	  30 June 2011

		DOCKET NUMBER:  AR20100024301 


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 reversal of the decision to recoup his reenlistment bonus.

2.  The applicant states that he has been informed by finance personnel that he must repay his reenlistment bonus because of a U.S. Army Reserve Command (USARC) G1 policy that in order to receive a bonus a Soldier must be a member of a troop program unit (TPU) and not in a drilling individual mobilization augmentee (DIMA) position.  He goes on to state that he is currently assigned to the mortuary affairs section at Human Resources Command – Alexandria (HRC-Alex) and attends drills monthly and supports a very critical Army mission, which is primarily staffed by Reservist.  He further states that the current USARC policy goes contrary to the Army’s philosophy of “One Army – One Fight” and he therefore requests that his reenlistment contract be honored.  

3.  The applicant provides a copy of his reenlistment contract and a copy of his leave and earnings statement for September 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a USAR master sergeant when he reenlisted on 16 November 2008 for an indefinite period and a $15,000 reenlistment bonus.  He was assigned to the 316th Expeditionary Sustainment Command, a USAR TPU in Coraopolis, Pennsylvania at the time of his reenlistment.  He was subsequently reassigned to HRC-Alex for duty in the Casualty and Mortuary Affairs Branch.
2.  The applicant did not provide any notification from the Defense Finance and Accounting Service to establish exactly what his debt entailed; however, he provided a copy of his LES showing that he had a debt of $7,291.67 that was being recouped at $882.00 per month.  This would coincide with one-half of his bonus entitlement which is paid in installments.

3.  In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G1 which recommends that the Board grant relief to the applicant by cancelling any bonus-related debts the applicant has.  Officials at the G1 cited three memoranda that address the termination and recoupment of bonus funds and contend that the intent of the memoranda was that Soldiers not be penalized when they transfer from one uniformed element of the Department of Defense to another.  The advisory opinion was provided to the applicant and he concurred with the opinion as written.

DISCUSSION AND CONCLUSIONS:

1.  Given the advisory opinion received from the Office of the Deputy Chief of Staff, G1 which clarifies the intent of the Principal Deputy Under Secretary of Defense memoranda regarding the termination and recoupment of bonus funds, it appears that the recoupment of the applicant’s bonus was the result of an administrative error.

2.  Therefore, given that the applicant was authorized to retain his bonus after being transferred to another activity, it would be in the interest of equity that his bonus recoupment be terminated as an erroneous collection and that any funds recouped from him be returned.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION






BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was allowed to retain his reenlistment bonus, that his bonus recoupment actions were an erroneous collection/debt, and that all funds collected from him to date be returned to him.




      _______ _   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)                                         AR20100024301





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100024301



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1