IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090004083
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 he be paid the recouped portion of his prior service enlistment bonus.
2. The applicant states, in effect, that Department of the Army letters, in accordance with Army Regulation 601-210, state that once a Soldier is paid a bonus it will not be recouped.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); memoranda, dated 14 August 2008 and 8 October 2008; a Defense Finance and Accounting Service Military Leave and Earnings Statement; his enlistment contract; and orders in support of his application.
CONSIDERATION OF EVIDENCE:
1. Having prior service in the Regular Army, the applicant enlisted in the U.S. Army Reserve (USAR) in pay grade E-5 on 8 September 2004 for a period of
6 years. He enlisted for a prior-service enlistment bonus ($5000).
2. The applicant was ordered to active duty on 19 January 2006 in support of Operation Iraqi Freedom. He served in Iraq from 14 March 2006 to 21 March 2007. On 25 April 2007, he was released from active duty and transferred to the USAR to complete his remaining service obligation.
3. In support of his claim, the applicant provides memoranda pertaining to a change in policies governing bonus recoupment which grants authority to cancel bonus recoupment actions for USAR Soldiers entering the Active Component, Military Technician (MILTECH) program, Active Guard Reserve, or officer status. The memoranda state, in pertinent part, that a Soldier who receives a bonus from one Military Department who is discharged for immediate enlistment or appointment in a Military Department for which no bonus or special pay is paid may be considered to have completed the full term of service in the former enlistment contract. As a result, all bonus payments already paid, to include lump sums will be terminated but not be subject to recoupment. This approval only applies to Soldiers who changed status on or after 8 April 2005.
4. In the processing of this case, an advisory opinion was obtained from the Chief, Incentives and Budget Branch, Enlisted Accessions Division, Office of the Deputy Chief of Staff, G-1, in Washington, D.C. The opinion states that upon review of the applicant's case, he changed status from the USAR (Selected Reserve) to a MILTECH status on 27 May 2007. Upon entry into MILTECH status a Selected Reserve member's enlistment bonus is terminated without recoupment. The opinion states that USAR Finance, Fort McCoy reveals that the applicant's unit erred in reporting the transaction change from the Selected Reserve to MILTECH status. As a result, the applicant was paid an erroneous additional payment of $416.66. When the mistake was discovered, the $416.66 was subject to collection as a debt owed to the government. Had the applicant's bonus been terminated on the correct date no collection would have occurred. The applicant was not authorized the additional payment and it was correctly collected. That office recommends that the applicant's request be denied.
5. On 21 May 2009, a copy of the advisory opinion was provided to the applicant for comment or rebuttal. The applicant did not respond within the given time frame.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows the applicant enlisted in the USAR on 8 September 2004 for a prior service enlistment bonus. The advisory opinion points out that the applicant changed status from USAR (Selected Reserve) to MILTECH on 27 May 2007 and that upon entry into a MILTECH status a Selected Reserve member's enlistment bonus is terminated without recoupment.
2. However, the advisory opinion also states that the applicant was erroneously paid $416.66 when his unit erred in reporting the status change to the USAR Finance at Fort McCoy. When the mistake was discovered, the $416.66 was subject to collection as a debt owed to the government. The advisory opinion further states that had the applicant's bonus been terminated on the correct date, no collection would have occurred (because the $416.66 would not have been paid to him.
3. Since the applicant was not authorized the additional pay ($416.66) because his prior service enlistment bonus was terminated upon his entry into a MILTECH status, recoupment of the additional pay was appropriate. Therefore, there is no basis for granting the applicant's request.
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.
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