RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 July 2007
DOCKET NUMBER: AR20070001852
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.
| |Ms. Catherine C. Mitrano | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The following members, a quorum, were present:
| |Mr. John N. Slone | |Chairperson |
| |Mr. William Blakely | |Member |
| |Mr. David K. Haasenritter | |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 that his separation program designator (SPD)
code on his DD Form 214 (Certificate of Release or Discharge from Active
Duty) be changed to a code that would not require recoupment of the
unearned portion of his Selective Reenlistment Bonus (SRB) or that the debt
be waived.
2. The applicant states that he is unable to pay the debt due to his
service-connected disabilities.
3. The applicant provides his DD Form 214 for the period ending 13 April
2005; a DD Form 2789 (Waiver/Remission of Indebtedness Application); a
Reserve/Guard Bonus Recoupment Worksheet; a Defense Finance and Accounting
Service (DFAS) letter, dated 28 December 2006; and a DFAS letter, dated 22
December 2006.
CONSIDERATION OF EVIDENCE:
1. The applicant served in Operation Iraqi Freedom.
2. The applicant enlisted in the U. S. Army Reserve on 22 October 1994.
According to a DFAS letter, dated 28 December 2006, he reenlisted on
13 February 2003 for 6 years and an SRB.
3. The applicant was ordered to active duty and entered active duty on
12 August 2004. On 13 April 2005, he was honorably discharged by
reason of disability with severance pay. His DD Form 214 for the period
ending 13 April 2005 shows he was given an SPD code of “JFL” (discharged by
reason of disability with severance pay). His separation orders are not
available.
4. On 6 November 2006, the applicant applied for a waiver of a debt the
result of an overpayment of a bonus.
5. By letter dated 28 December 2006, DFAS informed the applicant he
successfully completed 26 months of his last enlistment contract and was
indebted for the remaining unearned portion of his SRB. DFAS stated
recoupment of the SRB was based on his separation code.
6. The Department of Defense Financial Management Regulation (DODMFR),
Volume 7A, paragraph 090503M11 states recoupment [of enlistment,
reenlistment, or retention bonuses] is required for administrative
discharges, but “Recoupment is not required when member is medically
discharged with a physical disability.”
7. The SPD/Pay Cross Reference Table used by DFAS to determine whether a
bonus should be recouped states “Recoup Bonus NO” and refers to Note 1.
Note 1 states “NO” means no recoupment, and pay remaining installments as a
lump sum.
8. On 6 July 2007, DFAS informed the Board analyst it was possible the
applicant’s finance office had another SPD code during his outprocessing or
input the SPD code incorrectly, causing a collection when it should not
have. DFAS was unable to find a record to review.
DISCUSSION AND CONCLUSIONS:
1. The applicant reenlisted in the USAR on 13 February 2003 for 6 years
and an SRB. On 13 April 2005, he was honorably discharged by reason of
disability with severance pay and an SPD code of “JFL.”
2. In accordance with the DODFMR and the SPD/Pay Cross Reference Table
used by DFAS to determine whether a bonus should be recouped, the
applicant’s SRB should NOT have been recouped.
3. There is no error on the applicant’s DD Form 214 for the period ending
13 April 2005 concerning his SPD code of “JFL.” However, it appears
an error that caused DFAS to recoup his SRB was made somewhere in his
records. His records should be corrected to show he was properly separated
with an SPD of “JFL,” which does not require recoupment of his SRB.
BOARD VOTE:
__jns___ __wb____ __dkh___ 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 properly separated with an SPD of “JFL,” which does not
require recoupment of his SRB, and that he be paid any SRB to which he is
entitled in accordance with the DODFMR and the SPD/Pay Cross Reference
Table as a result of being given an SPD of “JFL” for being discharged for
disability with severance pay.
__John N. Slone_______
CHAIRPERSON
INDEX
|CASE ID |AR20070001852 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070718 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |128.05 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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