RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 MARCH 2007
DOCKET NUMBER: AR20060009691
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.
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, cancellation of his indebtedness to the government.
2. The applicant argues that the bill he received from the Defense Finance and Accounting Service (DFAS) for indebtedness is in error. He maintains that he was entitled to a bonus for completion of Basic Training and Advanced Individual Training as stated in his initial contract upon entering the Army. He states that he received an uncharacterized discharge from the Army due to his health problems which interfered with his ability to attend drills with his unit and subsequently lead to his inability to deploy. However, his records show that his discharge was characterized as Under Honorable Conditions.
3. The applicant provides copies of his debt statements from DFAS.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows he enlisted in the United States Army Reserve (USAR) for 8 years on 28 January 2003. As an incentive, he received a $5,000.00 enlistment bonus for being in a specific unit and selecting military occupation specialty (MOS) 88M (Motor Transportation Operator). The applicant was discharged from the USAR on 12 January 2006 with an Under Honorable Conditions character of service.
2. The applicants Enlistment/Reenlistment Document states, in pertinent part, that his entitlement to the enlistment bonus will be terminated should any of the following conditions occur before fulfillment of his enlistment agreement and obligation: Become an unsatisfactory participant; move to a nonbonus unit or MOS, or if he is reclassified; fail to become MOS qualified in 12 months; be separated from his status as an enlisted Soldier assigned to a unit of the Selected Reserve for any reason except authorized periods; accept a permanent civilian position where membership in the Selected Reserve is a condition of employment; exceed the maximum period authorized for suspension during a period of non availability; and fail to extend his USAR contracted term of service to compensate for a period of nonavailability.
3. Additionally, the applicants enlistment contract explained that if his entitlement to the enlisted bonus was terminated for any reason listed above, he may be subject to recoupment. The recoupment amount will be calculated by the total bonus authorized divided by 72 months. The product will be subtracted from the total amount of bonus paid to him, including initial and subsequent payments. The applicant will be required to pay the overpayment amount.
4. The applicant signed his enlistment contract on 27 January 2003 indicating that he read and understood the contract to include termination and recoupment of his enlistment bonus.
5. Accounting Statement from DFAS, dated 15 June 2006, shows that the applicant had an account balance of $1,166.49. The debt reason listed stated that the applicants debt of $1,000.00 was a Reserve bonus recoupment. 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. The applicants unit reported that he satisfactorily performed 36 months and therefore, he earned $2,500.00 of the funds that he was paid.
6. The debt statement from DFAS dated 25 January 2007 shows that the amount of debt due was $1,541.85.
7. Army Regulation 601-210 (Regular Army and Army Reserve Enlistment Program) states that persons who do not complete their term of enlistment voluntarily or because of misconduct will be required to refund the percentage of the bonus that corresponds to the unexpired part of the total enlistment period (such as the unearned portion of the bonus).
DISCUSSION AND CONCLUSIONS:
1. While the applicant argues that he is not in debt because his $5,000.00 bonus was for completion of Basic Training and Advanced Individual Training, his enlistment contract states otherwise. The applicant signed his enlistment contract indicating that he understood he was required to serve 72 months in his MOS and unit to reap the full benefits of the $5,000.00. In addition, he understood that if he did not serve the full 72 months that actions could be taken for recoupment of the overpayment.
2. The applicants records show that he received an Under Honorable Conditions character of service which normally indicates substandard performance or misconduct. The applicant entered into an agreement with the Government to serve 72 months and the Government would pay him $5,000.00. It appears that due to his own fault, he failed to fulfill his part of the agreement. The applicant was paid $3,500.00 and only earned $2,500.00. Therefore, he is obligated to refund the government the unearned portion of his bonus.
3. In order to justify correction of a military record the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LE____ ___LB __ ___MF __ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_____ Lester Echols_________
CHAIRPERSON
INDEX
CASE ID
AR20060009691
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
128.00
2.
3.
4.
5.
6.
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