RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 5 April 2007
DOCKET NUMBER: AR20060010908
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. Gerard W. Schwartz
Acting Director
Mr. Michael L. Engle
Analyst
The following members, a quorum, were present:
Ma. Linda D. Simmons
Chairperson
Mr. Jeffrey C. Redmann
Member
Mr. Roland S. Venable
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 payment for 21 days of accrued leave.
2. The applicant states that she was denied unemployment insurance because she received 21 days of accrued leave. She contends that she did not receive payment for her accrued leave because her bonus was recouped.
3. The applicant provides a copy of her separation pay worksheet; bonus recouping worksheet; expiration term of service brief; leave and earnings statement for May 2006; military net pay advice dated 15 June 2006; and her checking account transactions as of 15 and 16 June 2006;
CONSIDERATION OF EVIDENCE:
1. On 28 October 1997, the applicant enlisted in the Regular Army for 3 years. She completed her initial training and was awarded military occupational specialty 92Y1O (Unit Supply Specialist).
2. On 21 December 1999, the applicant reenlisted for another 4 years in the Regular Army. She attained the rank of sergeant, pay grade E5 on 15 December 2000.
3. On 29 May 2003, the applicant reenlisted in the Regular Army for another
3 years. On 9 September 2004, she again reenlisted, this time for 4 years and accepted a selective reenlistment bonus of $14,381.55.
4. On 29 March 2006, the applicants commander recommended that she be separated from the service under the provisions of Army Regulation 635-200, Chapter 14, for misconduct due to the commission of a serious offense.
5. On 25 April 2006, the appropriate authority approved the recommendation for discharge and directed that the applicant be issued a general discharge under honorable conditions.
6. Accordingly, on 12 May 2006, the applicant was discharged under honorable conditions. She had completed 8 years, 6 months and 15 days of creditable active service.
7. 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. This equaled a daily payment of $9.98719. She was obligated to serve until 8 September 2008, but was released on 12 May 2006. This was 836 days early. The amount of bonus recouped was $8,349.29 (836 x $9.98719).
8. 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. She also had $8,932.25 in deductions for insurance, Soldier's home, Uniform Code of Military Justice, meals, taxes, and recouped bonus. This left the applicant with a $6,261.25 debt.
9. In the processing of this case, a staff advisory opinion was obtained from the Chief, Claims Branch, Directorate of Debt and Claims Management, Defense Finance and Accounting Service, 6760 East Irvington Place, Denver, Colorado 80279-8000. The Chief indicated that the applicant was paid pay and allowances for 12 days service, and the 21 days of accrued leave. The Chief also indicated that these payments were applied against her outstanding debt to the United States Government. Based on the fact that her 21 days of accrued leave was a factor in the denial of unemployment compensation to the applicant, the Chief withheld making a recommendation in this case.
10. The advisory opinion was provided to the applicant for comment. However, no response has been received.
DISCUSSION AND CONCLUSIONS:
1. The evidence clearly shows that the applicant enlisted for a 4-year period and received a selective reenlistment bonus for doing so. She failed to serve the entire 4 years and was required to pay back the unearned portion of her bonus. Her debt was larger than her unpaid entitlements at the time of her separation. Hence, she became indebted to the United States Government.
2. The applicant has provided copies of documents showing that she was credited with her entitlements, including payment for her 21 days of accrued leave; and that this credit was applied against her outstanding debt. However, she has not provided any substantiating evidence or argument to show that the resulting debt is in error or unjust.
3. The issue regarding entitlement to unemployment insurance is not a matter within this Board's jurisdiction.
4. In view of the above, the applicant's request should not be granted.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__LDS___ __JCR__ ___SWF_ 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.
__Linda D. Simmons___
CHAIRPERSON
INDEX
CASE ID
AR20060010908
SUFFIX
RECON
DATE BOARDED
20070405
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
121.0200
2.
3.
4.
5.
6.
ARMY | BCMR | CY2008 | 20080005852
She states, in effect, that her initial discharge orders were revoked and the new orders states she "suffered from a disability resulting from a combat-related injury." The applicant provides a copy of her DD Form 214; personal statement; letter addressed to DFAS, dated 9 May 2005; letter from DFAS, dated 23 May 2005; letter from DFAS, dated 21 April 2005; DA Form 5261-R (Selected Reserve Incentive Program Enlistment Bonus Addendum); Bonus Recoupment worksheet; Account Statement from...
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 | CY2014 | 20140012556
The applicant provides * Active duty commissioning agreement * Self-authored memorandum to the Defense Finance and Accounting Service (DFAS) and this Board * Orders A-07-019747 (active duty) and amendments * DD Form 214, ending on 30 June 2014 * Request for Unqualified Resignation * Approval of unqualified resignation * Orders 024-0009 (release from active duty) * June 2014 LES * Breakdown of her debt * Bonus recoupment worksheet * Email exchange with her assignment officer * Printout of...
ARMY | BCMR | CY2008 | 20080006322
The applicants records show that she enlisted in the U.S. Army Reserve (USAR) on 23 January 2003 for a period of 8 years. Section III (Acknowledgement) of the applicants DA Form 5261-R (Selected Reserve Incentive Program-Enlistment Bonus Addendum) shows that in connection with her enlistment in the USAR, she elected assignment to a unit (high priority) authorized by Headquarters, Department of the Army (HQDA) for a bonus entitlement in a military occupational specialty (MOS) that is also...
ARMY | BCMR | CY2011 | 20110010820
The applicant requests the remission/cancellation of her debt due to recoupment of her reenlistment bonus. On 6 February 2010, the State Incentive Manager submitted request for an exception to policy regarding the termination and recoupment of the applicants bonus. In the processing of this case a staff advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1 which recommends that the applicant be granted relief.
ARMY | BCMR | CY2008 | 20080007351
The applicant requests, in effect, that the recoupment of her Selective Enlistment Bonus (SEB) be recalculated. On 18 January 2008, in a response to a Congressional Inquiry, the Director, DFAS, stated that the applicant's debt was the result of recoupment of her SEB based on her not completing the entire 3 years and 25 days of her contracted enlistment. He further states that the applicant was voluntarily separated by reason of pregnancy at her own request on 22 February 2007, prior to her...
ARMY | BCMR | CY2013 | 20130010226
The applicant requests relief of recoupment of $5,103.45 under the Student Loan Repayment Program (SLRP) for the period 2001 to 2004. In the 24 April 2013 memorandum, the CAARNG stated the applicant was eligible for 4 payments of $787.50 for a total of $3,150. As a result, the Board recommends that all State Army National Guard and Department of the Army records of the individual concerned be corrected by showing a request to allow payment of the total SLRP amount paid on the applicant's...
ARMY | BCMR | CY2011 | 20110015049
Application for correction of military records (with supporting documents provided, if any). The applicant provides: * Congressional correspondence * A copy of her discharge order * Various letters from the DFAS office * Two letters CONSIDERATION OF EVIDENCE: 1. She also provided a letter from the DFAS office, addressed to her Member in Congress on 20 June 2011, which shows the following: * The applicant had an indebtedness to the Department of Defense (DOD) in the original amount of...
ARMY | BCMR | CY2011 | 20110003171
IN THE CASE OF: BOARD DATE: 4 October 2011 DOCKET NUMBER: AR20110003171 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. On 1 July 2009, the USARC Deputy Chief of Staff (DCS), G-1, replied to the applicant's request for an exception to policy to cancel her debt resulting from her reenlistment bonus indicating: a. she reenlisted on 8 September 2006 for a 6-year $15,000.00 reenlistment bonus while serving as a military technician, b. at the time of her reenlistment, the applicant was...
ARMY | BCMR | CY2010 | 20100018053
The advisory official stated that based on available information, there is no record that any requests to either recoup or cancel her debt was made by her command. The advisory official recommended granting her request and cancelling the bonus-related debt based on her medical condition at the time of separation and honorable discharge. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she was approved for...