2. The applicant requests that his records be corrected to show that he reenlisted on 22 November 1994 for a period of 3 years instead of 2 years and that he be authorized repayment of $326.94 that was recouped from his pay as an unearned enlistment bonus.
3. The applicant states, in effect, that he reenlisted on 22 November 1994 for a period of two years because that was the most he could reenlist for without exceeding the retention control point (RCP) for his grade. He further states that had he been informed that his enlistment bonus was going to be recouped, he would have requested an exception to policy to exceed his RCP and would have reenlisted for an additional year to avoid the recoupment. In support of his application he submits a statement from his retention NCO indicating that he had not informed the applicant of the provision for recoupment of his enlistment bonus and that the applicants unearned enlistment bonus was recouped because he (the retention NCO) failed to take the necessary actions to request an exception to policy prior to reenlisting the applicant.
4. The applicants military records show that he enlisted on 5 July 1989 for a period of 6 years, for training in military occupational specialty 95B, and for a cash bonus in the amount of $3,000.00. The scheduled date of the expiration of his term of service was to be 4 July 1995.
5. On 22 November 1994 he reenlisted in the pay grade of E-4 for a period of 2 years. On 31 January 1995, $326.94 was recouped from his pay as an unearned enlistment bonus.
6. In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM). It opined, in effect, that subsequent to the applicants reenlistment, the applicable regulation was changed to allow soldiers serving in the pay grade of E-4 who enlisted for a period of 6 years to reenlist for a period of 3 years (exceeding the RCP for that grade) in order to avoid recoupment of the enlistment bonus. Prior to that change, soldiers were required to request an exception to policy from the Department.
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 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 3 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 3 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 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 22 November 1994 for a period of 3 years and by reimbursing him with that portion of the enlistment bonus which was recouped as a result of his 2-year reenlistment on 22 November 1994.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
ARMY | BCMR | CY1995 | 9511534C070209
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. 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. RECOMMENDATION: That all of the Department of the Army...
ARMY | BCMR | CY2014 | 20140017645
He also referred to DOD FMR, page 9-20, paragraph 0905, dated March 2006 (in effect at the time the applicant signed his contract) that stated: "hardship and dependency separations are considered involuntary and do not require recoupment of unearned portions of bonus." The IAARNG terminated the REB incentive with recoupment. National Guard Regulation 614-1 (Inactive Army National Guard) prescribes rules for use of the ING, enlistment into the ING as part of the Recruit Force Pool (RFP),...
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 | 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 | CY1996 | 9605183C070209
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. 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. It further recommended that the applicants request to extend his reenlistment of 17 February...
ARMY | BCMR | CY1996 | 9608480C070209
However, because the applicant reenlisted for 2 years instead of 3 years, he did not meet the minimum requirement of reenlisting for a minimum of 3 years to qualify for payment of the SRB. Had the applicant been informed that he would not have been eligible to qualify for an SRB by reenlisting for only 2 years, he could have requested an exception to the RCP to be reenlisted for a period of 3 years so as to qualify for payment of the SRB. RECOMMENDATION: That all of the Department of the...
ARMY | BCMR | CY1996 | 9605486C070209
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. 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.
ARMY | BCMR | CY2012 | 20120008764
The applicant requests cancellation/remittance of his Prior Service Enlistment Bonus (PSEB) recoupment. He goes on to state he was granted a transfer to the ING for 2 years with a return date of 1 January 2012 and he returned to duty in December 2011 after 23 months in the ING. He has not shown through the evidence of record or the evidence submitted with his application that his debt is in error or unjust.
ARMY | BCMR | CY2013 | 20130015239
The applicant requests, in effect, correction of his records by changing dates to show he is entitled to the $2,500.00 reenlistment bonus (REB) and $20,000.00 Student Loan Repayment Program (SLRP) incentive written in his enlistment contract. To receive the incentive, the applicant should have contracted for a term of service other than 3x5, 6x2, or 8x0 and have at least one qualifying loan. f. To be eligible for the $2,500.00, a properly-executed REB addendum is required at the time of...
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...