| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Elzey J. Arledge, Jr. | Chairperson | |
| Mr. Thomas B. Redfern, III | Member | |
| Ms. Karen A. Heinz | Member |
APPLICANT REQUESTS: In effect, that recoupment of his enlistment bonus for an overall indebtedness of $152.63 be cancelled.
APPLICANT STATES: That the initial enlistment contract signed makes no note of having to pay a recoupment of the bonus if the SM (service member) separates prior to the original ETS (expiration term of service) date. He provided a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 21 October 2001, his DD Form 4/1 (Enlistment/Reenlistment Document, Armed Forces of the United States), and a Separations Worksheet, which shows a bonus recoupment of $646.40.
EVIDENCE OF RECORD: The applicant's military records show:
On 6 August 1997, the applicant enlisted in the Army Reserve Delayed Enlistment Program (DEP), in pay grade E-3, with the understanding that he would enlist in the Regular Army (RA) for 5 years. At that time, he contracted to enlist for training in military occupational specialty (MOS) 74G (Telecommunications Computer Operator-Maintainer) with an enlistment cash bonus of $3,500.00.
On 21 July 1998, he enlisted in the RA, for 5 years. He completed his required training and was awarded MOS 74G.
On 21 October 2001, he was honorably separated from active duty under Army Regulation 635-200, chapter 18, based on weight control failure. His separation document indicates he had 3 years, 3 months and 1 day of creditable service.
The applicant’s Separation Worksheet shows he is indebted for a gross amount of $646.40 for bonus recoupment, and a net recoupment of $152.63 based on other entitlements and payments.
Department of Defense Financial Management Regulation, Volume 7A (Military Pay Policy and Procedures – Active Duty and Reserve Pay), Chapter 9 (Special Pay – Enlistment and Reenlistment Bonus – Enlisted Members), Paragraph 090503 (Reasons for Recoupment) states for the purpose of recouping any unearned portions of enlistment, reenlistment, or retention bonuses, the term “who voluntarily or because of misconduct” includes (but is not limited to) members separated for several reasons, including “Overweight/obesity or lack of physical fitness.”
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant is not entitled to the relief he has requested.
2. The applicant enlisted for a period of 5 years; however, through his own neglect, he failed to complete the contracted period and therefore is not entitled to payment for service he did not perform. He has not shown otherwise.
3. The recoupment is correct and proper in accordance with Department of Defense Regulations.
4. The Board also concluded that since the applicant’s enlistment contract required 5 years of active duty service with the $3,500.00 enlistment cash bonus, he did not fulfill his active duty contract, and his bonus was reduced accordingly ($2.40 a day for each day less than 5 years) for a total of $646.40, with a net recoupment of $152.63.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
6. In view of the foregoing, there is no basis for granting the applicant's 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
_EJA____ _KAH___ _TBR____ DENY APPLICATION
| CASE ID | AR2002073451 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020917 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY1996 | 9605948C070209
The applicant requests payment of his Hi-Grad bonus as indicated on his enlistment contract dated 6 May 1993. He goes on to state that he was initially paid the bonus money as promised in his contract; however, the Hi-Grad bonus was later recouped by the finance office with an explanation indicating that there was no authorization for him to receive such a bonus. His enlistment contract indicates that he was to receive $5,500.00 in bonus payments.
ARMY | BCMR | CY2013 | 20130004688
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. b. SEB Recoupment document that shows the applicant enlisted on 4 January 2007 for a period of 36 months. The evidence of record shows the applicant was paid the $8,000 SEB and he received payment in the net amount of $6,000 on 27 June 2007. c. Records also show the applicant went AWOL on 4 September 2007 and he remained in a no pay due status through 13 June 2011.
ARMY | BCMR | CY2006 | 20060009691
The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's record shows he enlisted in the United States Army Reserve (USAR) for 8 years on 28 January 2003. DFAS stated that a review of his Reserve Component Master Military Pay Account showed that he was paid $3,500.00 towards a 72 month contract.
ARMY | BCMR | CY2006 | 20060010908
She contends that she did not receive payment for her accrued leave because her bonus was recouped. The Bonus Recouping Worksheet (provided by the applicant) shows that she was paid a bonus of $14,381.55 for a commitment of 4 years. The separation pay worksheet (provided by the applicant) shows that at the time of her discharge, she had additional pay entitlements of $2,671.00, which included $1,184.40 for her 21 days of accrued leave.
ARMY | BCMR | CY2007 | 20070018205
On 28 June 2006, the applicant's Retention and Transition NCO completed a USARC Form 80-1-R (Reenlistment Bonus Control Worksheet) requesting a BCN for the applicant's position as 1SG in a drill sergeant unit. He also provided a copy of a letter from the Army Reserve G-1, USARC, to the applicant's senator indicating that the applicant was not eligible to receive a reenlistment bonus because he failed to reenlist prior to reaching 20 years of service. As a result, the Board recommends that...
ARMY | BCMR | CY2007 | 20070017432
The Board recommended that all Department of the Army records of the applicant be corrected by amending his enlistment contract to include the sentence, If an enlistment bonus is accepted by the official processing you for enlistment as payable under the Cash Enlistment Bonus Program and the Government fails to verify that the Soldier actually is eligible and such failure results in nonpayment of the bonus, the Army Board for Correction of Military Records may pay the bonus, at its sole...
ARMY | BCMR | CY2006 | 20060004506C070205
His DA Form 597-3, paragraph 7 states that if the cadet were disenrolled from the ROTC program for any reason, the Secretary of the Army could order the cadet to reimburse the United States the dollar amount plus interest that bears the same ratio to the total cost of the scholarship financial assistance provided by the United States to the cadet as the unserved portion of active duty bears to the total period of active duty the cadet agreed to serve or was ordered to serve. That office...
ARMY | BCMR | CY2014 | 20140017553
Application for correction of military records (with supporting documents provided, if any). With a correction to his record to show the addenda exist, recoupment action will cease. The applicant contends, in effect, that his military records should be corrected by reconstructing the missing incentive addenda for his NPSEB and SLRP.
ARMY | BCMR | CY2004 | 20040008899C070208
The applicant requests that his debt as a result of recoupment of his Army National Guard (ARNG) enlistment bonus be cancelled. The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing he completed a request for remission or cancellation of indebtedness, in the amount of $2,666.67 for his ARNG enlistment...
ARMY | BCMR | CY2005 | 20050000880C070206
This Department of the Army (DA) official indicates that a review of the applicable bonus messages for the date of the applicants enlistment, 10 August 2001, confirms the correct bonus amount is $14,000.00. The evidence of record confirms the applicant was authorized a total cash bonus of $14,000.00 in connection with his enlistment in the Army, as confirmed by the applicants enlistment contract and associated documents and verified by the DA G-1 advisory opinion. ____Barbara J....