2. The applicant requests that her records be corrected to show that she reenlisted on 11 July 1994 for a period of 3 years instead of 2 years and that she be authorized repayment of $568.73 that was recouped from her pay as an unearned enlistment bonus.
3. The applicant states, in effect, that she reenlisted on 11 July 1994 for a period of two years because that was the most she could reenlist for without exceeding the retention control point (RCP) for her grade. She further states that had she been informed that her enlistment bonus was going to be recouped, she would have requested an exception to policy to exceed her RCP and would have reenlisted for an additional year to avoid the recoupment. However, after being informed that her enlistment bonus was being recouped, she submitted her request which was approved by the Office of the Deputy Chief of Staff for Personnel (ODCSPER).
4. The applicants military records show that she enlisted on 2 March 1989 for a period of 6 years, for training in military occupational specialty 63H, and for a cash bonus in the amount of $4,500.00. The scheduled date of the expiration of her term of service was to be 1 March 1995.
5. On 11 July 1994 she reenlisted in the pay grade of E-4 for a period of 2 years.
6. On 5 November 1994 the applicant submitted a request to increase her period of reenlistment from 2 years to 3 years due to the recoupment of the unearned portion of her enlistment bonus. The ODCSPER approved her request on 22 November 1994.
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 her reenlistment has worked an injustice upon her.
2. In order to have been eligible to retain the unearned portion of her enlistment bonus, the applicant needed to reenlist for a period of 3 years.
3. Had the applicant been properly advised of her available options, as well as the policy concerning bonus recoupment, it is reasonable to presume that she would have elected to reenlist for 4 years so as to avoid bonus recoupment.
4. Therefore, it would be equitable and just to correct the applicants term of service to reflect 3 years instead of 2 years and return that portion of her enlistment bonus which was recouped through no fault of her own.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants 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 11 July 1994 for a period of 3 years and by reimbursing her with that portion of the enlistment bonus which was recouped as a result of her 2-year reenlistment on 11 July 1994.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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