2. The applicant requests, in effect, that recoupment of the unearned portion of her selective reenlistment bonus (SRB) be stopped and that the debt be remitted.
3. The applicant reenlisted on 22 February 1990 for a period of 6 years with entitlement to an SRB-1A in military occupational specialty (MOS) 95B (military policeman). After serving 4 years of her reenlistment she voluntarily requested reclassification to the shortage specialty of 95D (criminal investigator special agent). Her request was approved by the Total Army Personnel Command (PERSCOM). After being reclassified to MOS 95D, she was transferred to Korea. After arriving in Korea, she went to the local finance office and informed them that her MOS had changed and that she should no longer receive her monthly SRB installments. Shortly thereafter, she received notification from the finance office that she owed $918.35 for the unearned portion of the SRB that she had already been paid. She goes on to state that she believes that she has been unfairly assessed in the recoupment of her SRB because she had served 4 years of her 6-year reenlistment and had reclassified to a shortage MOS.
4. The applicant's military records show that she enlisted on 22 August 1984 for a period of 2 years and training as a military policewoman. She subsequently reenlisted on 28 February 1986 for a period of 3 years and on 3 March 1988 for a period of 4 years.
5. On 22 February 1990 the applicant reenlisted for a period of 6 years in MOS 95B with entitlement to an SRB-1A. As part of her enlistment contract, the applicant signed a statement of entitlement to the SRB (DA Form 4789) in which she acknowledged by her signature that she understood that she was getting an SRB in return for her reenlistment in MOS 95B for a period of 6 years. She further acknowledged that she had been advised and understood that if she did not complete the full period of her service, or did not remain technically qualified in MOS 95B, she would not get anymore installments of the SRB. She also acknowledged that she would have to pay back as much of the bonus as she had already received for the unexpired part of the period of obligated service.
6. The applicant was voluntarily reclassified to MOS 95D on 20 April 1994 and was subsequently promoted to the pay grade of E-6 in that MOS on 1 December 1994.
7. In the processing of this case a staff advisory opinion was obtained from the PERSCOM. It opined that in accordance with Army Regulation 601-280 recoupment of the unearned portion of an SRB is required when a soldier voluntarily reclassifies out of the bonus MOS. Since the applicants reclassification was voluntary, recoupment was required. The PERSCOM recommended that her request be denied.
8. Army Regulation 601-280 serves as the authority for the SRB program. It states, in pertinent part, that a soldier who voluntarily reclassifies and fails to complete the obligated service for which the SRB was paid will refund that percentage of the bonus for which he or she did not fulfill the agreement. Soldiers who are bonus recipients may voluntarily reclassify provided they volunteer in writing and agree to recoupment of the unearned portion of the bonus. It also states, in paragraph 8-23, that a soldier may not forfeit any portion of his or her bonus when utilization or reclassification is directed by the Department in another MOS to meet CONUS, overseas, or other mission requirements.
9. Army Regulation 600-200 serves as the authority for reclassification of enlisted personnel. It states, in pertinent part, that reclassification of a primary MOS is prohibited during the period of service for which a soldier has received an SRB. However, soldiers requesting reclassification into MOS 95D may request reclassification at anytime regardless of the status of their PMOS.
CONCLUSIONS:
1. Although the applicant was properly reclassified into a shortage MOS within her career management field and was aware that she would no longer be entitled to receive
anymore SRB payments, she apparently was unaware that she would have to repay the unearned portion of the SRB payments she had already received.
2. Consequently, the recoupment action is creating a financial burden on the applicant that she may otherwise have been able to avoid, had she known about the recoupment before submitting her request for reclassification.
3. Inasmuch as there are provisions for allowing soldiers to retain their bonus entitlements when they are reclassified by the Department into a different MOS to meet the needs of the Department and given that she reclassified into a shortage MOS that allows reclassification under all circumstances, it would be appropriate and just to stop the action to recoup the unearned portion of her SRB and allow the applicant to keep that portion of her bonus as an exception to policy. Additionally, any SRB funds recouped from her as a result of her reclassification should be returned to her.
4. In view of the foregoing, it would be appropriate and just to correct the applicants records as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by remitting the unearned portion of the SRB ($918.35) owed by the individual concerned which was incurred as a result of her reclassification on 20 April 1994.
2. That any portion of the remitted amount that has already been collected be repaid to her.
JOHN N. SLONE
CHAIRPERSON
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