2. The applicant requests that his records be corrected to show that he reenlisted on 17 February 1993 for a period of 4 years instead of 3 years and that he be authorized repayment of $493.73 that was recouped from his pay as an unearned enlistment bonus.
3. The applicant states that he was selected by the Department to attend recruiting school and was informed that he had to reenlist prior to attending school to meet the service remaining requirements for a follow-up assignment on recruiting duty. Had he been informed that his enlistment bonus was going to be recouped, he would have reenlisted for an additional year to avoid the recoupment.
4. The applicants military records show that he enlisted on 10 May 1989 for a period of 5 years, for training in military occupational specialty 31V, and for a cash bonus in the amount of $2,000.00. The date of the expiration of his term of service (ETS) was to be 9 May 1994.
5. On 17 February 1993 he reenlisted in the pay grade of
E-5 for a period of 3 years. He subsequently extended that enlistment an additional 6 months on 26 February 1993 to meet the service remaining requirements for recruiting duty.
6. His leave and earnings statement for March 1993 indicates that $493.73, the unearned portion of his enlistment bonus, was recouped.
7. In the processing of this case and advisory opinion was obtained from the Office of the Deputy Chief of Staff for Personnel (ODCSPER). The ODCSPER opined, in effect, that the applicant had not been properly advised on enlistment bonus recoupment policies as required by the applicable regulations. It further recommended that the applicants request to extend his reenlistment of 17 February 1993 to a period of 4 years be approved, thus canceling his 6-month extension and allowing the applicant to be reimbursed the recouped portion of his unearned enlistment bonus.
8. 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 4 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 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 4 years instead of 3 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 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 17 February 1993 for a period of
4 years and by reimbursing him with that portion of the enlistment bonus which was recouped as a result of his 3-year reenlistment on 17 February 1993.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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