APPLICANT REQUESTS: In effect, that the unearned portion of his Selective Reenlistment Bonus (SRB) that was recouped from him be given back to him.
APPLICANT STATES: That the unearned portion of his SRB was recouped from him under the false assumption that his separation was due to his own misconduct. He contends that separation due to weight control failure is not considered misconduct under Army Regulation 635-200, the regulation governing administrative separation of enlisted soldiers, or under the Uniform Code of Military Justice. Therefore, the money was illegally collected from him.
EVIDENCE OF RECORD: The applicant's military records show:
On 18 January 1990 the applicant reenlisted in pay grade E-4 for a period of 6 years. His reenlistment contract included a DA Form 4789, Statement of Entitlement to SRB. That form stated in pertinent part that I have been advised and understand that if I do not complete the full period of service, or if I do not remain technically qualified in MOS 91C [practical nurse], I will not get any more installments of the bonus, and I will have to pay back as much of the bonus as I have already received for the unexpired part of the period of obligated service.
The applicant was promoted to pay grade E-5 and, on 22 March 1994, he was honorably discharged due to weight control failure.
Army Regulation 601-280 outlines the objectives of the SRB program and establishes the zones of eligibility. It states, in pertinent part, that the purpose of the SRB program is to offer an incentive for retention of soldiers in critical skills necessary to meet the needs of the Army which are subject to change. It further states that a soldier who voluntarily, or because of misconduct, fails to complete obligated service for which an SRB was paid will refund a percent of he SRB equal to the percent of obligated service not performed.
The Department of Defense Pay Manual (DODPM) provides statutory provisions for entitlements, deductions and collections and establishes Department of Defense policy on the pay and allowances of military personnel. It is issued by the Comptroller of the Department of Defense in coordination with the Director, Defense Finance and Accounting Service. Paragraph 10933 of the DODPM states For purpose of recoupment of any unearned portions of enlistment or reenlistment bonuses, the term who voluntarily or because of misconduct includes (but is not limited to) members separated for the reasons listed below. Subparagraph n provides for the recoupment of unearned SRB monies in separations directed by the Secretary of the service concerned, which includes voluntary separations and separations for the convenience of the Government. Subparagraph n(6) lists overweight/obesity and physical fitness as reasons for recoupment of unearned SRB monies.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The applicant acknowledged on his SRB addendum that he would be required to pay back any unearned portion of his bonus if he was separated prior to completing his period of obligated service. That addendum did not specify that he would be allowed to keep the unearned portion of his SRB if he was prematurely separated for specific reasons.
2. The applicant is attempting to base his application on the actual wording of the regulation pertaining to the recoupment of SRBs. In that regulation it specifies that recoupment will be made for soldiers who are voluntarily separated or separated due to misconduct. The applicant has chosen to believe that his discharge is categorized as misconduct. However, the DODPM considers weight control failure to fall in the category of a voluntary separation.
3. It is reasonable to presume that a soldier who is placed on a weight control program and is given a weight loss plan (diet, exercise, etc.), who fails to lose weight has, by his failure, consented to his or her separation.
4. In view of the preceding, the applicants separation for weight control failure was properly considered voluntary for the purpose of the collection of the unearned portion of his SRB monies.
5. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
ARMY | BCMR | CY1996 | 9605188C070209
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. 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. Inasmuch as there are provisions for allowing soldiers to retain their bonus entitlements when they are...
ARMY | BCMR | CY2014 | 20140012476
Her DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program U.S. Army Delayed Entry Program) shows: * she enlisted for training in military occupational specialty (MOS) 68W (Health Care Specialist) * she enlisted under the U.S. Army Incentive Enlistment Program (Reduced Military Service Obligation (MSO) Enlistment Bonus 3 Years Active and 3 Years Selected Reserve) * she was authorized an enlistment bonus in the amount of $30,000 2. Enlistment bonuses for RA Soldiers are...
ARMY | BCMR | CY1995 | 9511845C070209
The applicant requests, in effect, that recoupment of the unearned portion of his selective reenlistment bonus (SRB) be stopped and that the debt be remitted. 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. 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...
ARMY | BCMR | CY2010 | 20100010241
On 6 July 2006, by memorandum, her immediate commander notified her of his intent to initiate separation action against her under the provisions of Army Regulation 635-200, chapter 5-8, by reason of parenthood (failure to maintain an FCP). On 11 July 2006, her immediate commander initiated separation action against her under the provisions of chapter 5-8 of Army Regulation 635-200 by reason of failure to maintain an FCP. With respect to the separation code, the evidence of record shows the...
ARMY | BCMR | CY2006 | 20060015880
The advisory opinion further indicates that regarding cases when Soldiers are separated for an unfulfilled contract or in doubtful cases, commanders have the option to request a waiver of recoupment provisions. Memoranda provided by the applicant's chain of command and career counselor both concur that the Department of the Army breached the terms of the applicant's reenlistment contract; therefore, the applicant is not obligated to repay the reenlistment bonus. Considering there is no...
ARMY | BCMR | CY2014 | 20140001483
On 2 November 2011, his erroneous discharge order was rescinded and he was honorably discharged in accordance with Army Regulation 135-178 (Enlisted Administrative Separations), for hardship reasons. The evidence of record shows the applicant was honorably separated for hardship reasons. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. amending Orders Number 11-306-00119, issued by Headquarters, 63rd Regional Support...
ARMY | BCMR | CY2002 | 2002072881C070403
The Board considered the following evidence: It states, in pertinent part, that the Enlistment Bonus is an enlistment incentive offered to those enlisting in the Regular Army for duty in a specific MOS. Army Regulation 601-280 sets forth the basic authority for the Army Enlistment Program for all military personnel of the Active Army.
ARMY | BCMR | CY2008 | 20080009628
Army Regulation 635-200 (Personnel Separations) set forth the basic authority for the separation of enlisted personnel. In the applicant and counsels request to grant the applicant pro rata of recoupment of any SRB already paid by installments based upon the percentage of service completed, counsel provides many in-depth trains of logic which address whether the applicant obtained his SRB through fraud, whether the applicants discharge from his erroneous reenlistment contract constituted...
ARMY | BCMR | CY2006 | 20060008382
The applicant provides: a. On 6 May 2003, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 5-13, by reason of a personality disorder. Based on the Army G-1 opinion and the in the interest of justice, it would now be appropriate to correct the record to show that applicant requested and was granted a waiver of recoupment of his unearned portion of his bonus incentive prior to his discharge from the Army.
NAVY | BCNR | CY1999 | 07322-98
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 MEH:mh Docket No: 7322-98 25 May 1999 This is in reference to your application for correction of your naval record pursuant to the provisions of title 10 of the United States Code, section 1552. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 May 1999. equests repayment of tive Reenlistment Bonus (SRB) recouped...