IN THE CASE OF:	  

		BOARD DATE:	  10 February 2015

		DOCKET NUMBER:  AR20140005729 


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).


CONSIDERATION OF ADDITIONAL EVIDENCE:

20.  On 1 April 2014, new information was received from the applicant regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120009942, dated 28 March 2013.

21.  The new information indicates:

* the applicant signed a Selected Reserve Special Pay Program Contract for a retention bonus in the amount of $15,000.00 for 3 years in 2010
* she was unable to complete the obligation for the 2012 bonus year because she was erroneously separated from the USAR on 2 March 2012
* her separation was voided and she was reinstated in her previous USAR status based on the decision of the ABCMR in Docket Number 
AR20120009942, dated 28 March 2013
* her records were corrected to show she completed a qualifying year of service for retired pay purposes for the retirement year ending 8 April 2013
* on 26 February 2014, the Defense Finance and Accounting Service argued that the ABCMR made no determination or recommendation regarding bonus recoupment in the approximate amount of $40,000.00

ADDITIONAL DISCUSSION AND CONCLUSIONS:

8.  At the time of the decision of the ABCMR in Docket Number AR20120009942, dated 28 March 2013, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time.

9.  The ABCMR's decision in Docket Number AR20120009942 voided her 2 March 2012 separation and reinstated her in her previous status in the USAR, but failed to show she was entitled to the 2010 retention bonus in the amount of $15,000.00 or any other amount she would have been entitled had it not been for her 2 March 2012 erroneous discharge.

10.  Since her 2 March 2012 separation was voided and she was reinstated in her previous status in the USAR and credited with completing a qualifying year of service for retired pay purposes for the retirement year ending 8 April 2013, she is entitled to her full 2010 retention bonus in the amount of $15,000.00 or any other amount she would have been entitled had it not been for her 2 March 2012 erroneous discharge, less any payments already received.

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

2.  The Board determined the evidence presented is sufficient to warrant amendment of the decision of the ABCMR set forth in Docket Number 
AR20120009942, dated 28 March 2012, to show the applicant is entitled to the full 2010 retention bonus in the amount of $15,000.00 or any other amount she would have been entitled had it not been for her 2 March 2012 erroneous discharge, less any payments already received.



      _______ _   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)                                         AR20140005729



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 SUPPLEMENTAL RECORD OF PROCEEDINGS


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ABCMR Supplemental Record of Proceedings (cont)                 AR20140005729



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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