IN THE CASE OF:	  

		BOARD DATE:	  16 December 2008

		DOCKET NUMBER:  AR20080007351 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the recoupment of her Selective Enlistment Bonus (SEB) be recalculated. 

2.  The applicant states, in effect, that she believes that the calculation used by the Defense Finance and Accounting Services (DFAS) to recoup her SEB was incorrect.  

3.  The applicant provides the following documents in support of her application:  DFAS Letter, dated 18 January 2008; Statement for Enlistment United States Army Enlistment Program; Recruiting Reservation Report; Regular Army Applicant Data Report; Bonus Recoupment Worksheet; and Statement of Military Pay Account (DFAS-DE Form 0-641).

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that she enlisted in the Regular Army (RA) for a period of 3 years and 25 days, and entered active duty on 21 July 2005.  A Statement for Enlistment prepared during her enlistment processing shows she was authorized a total $10,000.00 SEB, which included a $6,000.00 High Grad Bonus (60+ Semester Hours) and a $4,000.00 Military Occupational Specialty (MOS) 63B Training Bonus.  In the statement of enlistment, the applicant acknowledged that she would lose entitlement to her incentive bonuses if she failed to stay qualified for the duration of her initial enlistment.  


2.  On 28 December 2006, the applicant's unit commander counseled the applicant on her rights and options pertaining to her pregnancy in accordance with Chapter 8, Army Regulation 635-200 (Personnel Separations – Active Duty Enlsit4ed Administrative Separations).  The applicant acknowledged she had been counseled and stated that she understood her entitlements and responsibilities.  During this counseling session she further stated there had been no coercion on the part of the counselor influencing her decision, and she voluntarily elected to be separated under the provisions of Chapter 8, Army Regulation 635-200, by reason of pregnancy.  She submitted a Personnel Action (DA Form 4187) requesting to be separated prior to the expiration of her term of service (ETS) due to pregnancy and requested a separation date of 23 February 2007.  

3.  On 11 January 2007, the separation authority approved the applicant's separation under the provisions of chapter 8, Army Regulation 635-200, by reason of pregnancy, and directed the applicant receive an honorable discharge. On 22 February 2007, the applicant was discharged accordingly.  

4.  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.  This official further stated that after a thorough review of the applicant's pay records, the original principal debt of $2,375.90 had been recalculated and was reduced to $787.01.  However, with interest, penalty, and administrative fees, her debt total was increased by $56.49, which made her total debt $843.50.

5.  In connection with the processing of this case, an advisory opinion was obtained from the Department of the Army (DA), Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1.  This official stated that a review of the applicant's records showed that she enlisted in the RA for a period of 3 years and 25 days on 21 July 2005, with entitlement to a $10,000.00 enlistment bonus ($4000.00 MOS Bonus and $6,000.00 HIGRAD Bonus).  He further states that the applicant was voluntarily separated by reason of pregnancy at her own request on 22 February 2007, prior to her completing the term of her enlistment and that under Army policy, enlistment bonuses for Soldiers who voluntarily separate due to pregnancy are subject to recoupment of the unearned portion of their enlistment bonus(es).  This recoupment is calculated by subtracting the days served from the original contract length.  He finally states that the DFAS bonus recoupment sheet provided by the applicant contained the correct calculations; therefore, he 
recommended that the applicant's request for relief be denied since the recoupment was in accordance with policy and the calculations used by DFAS are correct.  

6.  On 16 September 2008, the applicant was provided a copy of the DA G-1 advisory opinion in order to have the opportunity to respond.  To date, she has failed to reply.

7.  The Department of Defense Financial Management Regulation (DODFMR), Volume 7, provides military pay policy.  Paragraph 090501 contains the legal requirements for the recoupment of enlistment/reenlistment bonuses.  It states, in pertinent part, that enlistment/reenlistment bonuses will be recouped in cases where the member voluntarily does not complete the period of the enlistment upon which the bonus was based.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her SEB debt should be recalculated was carefully considered.  However, there is insufficient evidence to support this claim.

2.  By law and regulation, the unearned portion of a member’s enlistment bonus will be recouped when they voluntarily fail to complete the term of enlistment upon which the bonus was based.  In this case, the applicant received a $10,000.00 enlistment bonus based on a 3 year and 25 day enlistment.  She voluntarily separated early due to pregnancy on 22 February 2007, prior to completion of the period of her enlistment.  As a result, recoupment of the unearned portion of her SEB was required.  As confirmed by the DA G-1 advisory opinion, the calculations used by DFAS in recouping the unearned portion of the applicant’s SEB were correct.  Therefore, there is an insufficient evidentiary basis to support granting the requested relief.  

3.  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. 







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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.



      _________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080007351



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ABCMR Record of Proceedings (cont)                                         AR20080007351



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