RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 October 2005
DOCKET NUMBER: AR20050000880
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.
Mr. Carl W. S. Chun
Director
Mr. Joseph A. Adriance
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Mr. Hubert O. Fry
Member
Mr. Robert Rogers
Member
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion, if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, correction of the total amount of his enlistment bonus to $14,000.00, and adjustment of his recoupment debt accordingly.
2. The applicant states, in effect, that his enlistment contract confirms he was entitled to an enlistment bonus $14,000.00. However, the Defense Finance and Accounting Service (DFAS) established his recoupment debt based on an enlistment bonus amount of $11,000.00. He understands he is required to pay back the unearned portion of his bonus, but it should be based on the correct enlistment bonus amount, which would make his debt smaller.
3. The applicant provides a Statement for Enlistment (DA Form 3286-59) and Applicant Information Sheet in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicants record shows he enlisted in the Regular Army for 4 years and entered active duty on 10 August 2001. A DA Form 3286-59, dated 5 July 2001, prepared on the applicant during his enlistment processing confirms he was enlisting for the United States Army Incentive Enlistment Program, Option 9C, which authorized a $14,000.00 cash bonus.
2. A Statement of Understanding - Army Policy (USAREC Form 1150-R-E on file also confirms the applicant enlisted for a cash bonus of $14,000.00 in accordance with Headquarters, Department of the Army Message 241535Z, May 2001, for military occupational specialty 11X (Infantry), for 4 years.
3. On 20 November 2003, the applicant was honorably discharged under the provisions of chapter 18, Army Regulation 635-200, by reason of weight control failure. The separation document (DD Form 214) he was issued upon his separation confirms he completed a total of 2 years, 3 months and 11 days of active military service.
4. The DFAS notified the applicant regarding recoupment of the unearned portion of enlistment bonus based on his early separation. A review of the DFAS debt file on the applicant confirms the recoupment debt of $2,176.44 was based on an enlistment bonus of $11,000.00 and the posting of the pay account establishing the bonus entitlement as $11,000.00. DFAS further confirms that if recoupment were based on an enlistment bonus amount of $14,000.00, the applicants debt would be less.
5. In connection with the processing of this case, an advisory opinion was obtained from the Chief Incentives and Budget Branch, Enlisted Accessions Division, Officer of the Deputy Chief of Staff, G-1. 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. He further indicates that the applicants enlistment documentation confirms the applicant enlisted for 4 years for a $14,000.00 enlistment bonus.
6. On 4 May 2005, the applicant was provided a copy of the DA G-1 advisory opinion in order to have the opportunity to respond. To date, he has failed to reply.
DISCUSSION AND CONCLUSIONS:
1. The applicants request that the total amount of his enlistment cash bonus, upon which his recoupment debt is based be corrected to show a total cash bonus of $14,000.00, and the supporting documentation he submitted was carefully considered and found to have merit.
2. 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.
3. The record further shows that the DFAS properly processed a bonus recoupment action based on the applicants early separation; however, DFAS erroneously used a cash bonus amount of $11,000.00 in establishing the applicants recoupment debt. Therefore, it would be appropriate to correct the DFAS record to show the applicants authorized enlistment cash bonus amount is $14,000.00, and to adjust his recoupment debt accordingly.
BOARD VOTE:
___BSE_ __HOF __ __RR___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 showing he was authorized an enlistment cash bonus of $14,000.00; by adjusting DFAS records to show his recoupment debt is based on a total cash bonus amount of $14,000.00, rather than $11,000.00; and by adjusting his recoupment debt accordingly.
____Barbara J. Ellis______
CHAIRPERSON
INDEX
CASE ID
AR20050000880
SUFFIX
RECON
DATE BOARDED
2005/10/19
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
2003/11/20
DISCHARGE AUTHORITY
AR 635-200
DISCHARGE REASON
Weight Control Failure
BOARD DECISION
GRANT
REVIEW AUTHORITY
Mr. Schneider
ISSUES 1.
128.0500
2.
3.
4.
5.
6.
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