IN THE CASE OF:	  

		BOARD DATE:	 16 December 2010 

		DOCKET NUMBER:  AR20100011781 


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, reimbursement of his recouped reenlistment bonus.

2.  The applicant states, in effect, he submitted an exception to policy request for the reimbursement of his recouped reenlistment bonus through his chain of command, but it appears his request was denied.  He had initially enlisted in the U.S. Army Reserve (USAR) for a period of 1 year.  A month later, he reenlisted in the USAR for an indefinite period and a promised $15,000.00 reenlistment bonus.  He transferred to the Air National Guard after having served 1 year and 4 months in the USAR.  The reenlistment bonus he received was deducted from his pay even though he had served satisfactorily beyond the minimum time of 1 year.

3.  The applicant provides:

* a memorandum by his commander, Subject:  Request for Exception to Policy, dated 5 August 2009
* eleven pages of emails
* his DA Form 61 (Application for Appointment)
* two DD Forms 4 (Enlistment /Reenlistment Document Armed Forces of the United States)
* his USAR Reenlistment Bonus Agreement
* his DA Form 3540 (Reenlistment Bonus Addendum)


* his DA Form 5261-4-R (Student Loan Repayment Program Addendum)
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 28 October 2008

CONSIDERATION OF EVIDENCE:

1.  Having had prior service in the U.S. Air Force, the applicant's records show he enlisted in the USAR in the rank/grade of sergeant first class (SFC)/E-7 for a period of 1 year on 5 May 2007.

2.  On 26 June 2007, he executed a reenlistment in the USAR for an indefinite period.  In connection with this reenlistment, he and his recruiter signed various allied documents as follows:

* a DA Form 3540 shows he was reenlisting for an indefinite term for a bonus of $15,000.00
* a DA Form 5261-4-R shows he was reenlisting to serve in military occupational specialty (MOS) 25S (Satellite Communications (SATCOM) Systems Operator/Maintainer) and for a maximum of $10,000.00 in student loan repayments

3.  On 24 September 2008, he entered active duty for training.  He completed the warrant officer candidate school and he was discharged on 28 October 2008 to accept commission or warrant in the Army.  The DD Form 214 he was issued for this period contains the following entries:

* Item 11 (Primary Specialty) shows "25S4O SATCOM Systems Operator/Maintainer - 1 year and 4 months"
* Item 12c (Net Active Service this Period) shows "0000  01  05" which converts to 1 month and 5 days

4.  On 29 October 2008, he was appointed as a Reserve warrant officer one/WO1 in the Air National Guard.  He is currently serving in the Air National Guard.

5.  In the processing of this case, on 1 November 2010, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Washington, DC.  The advisory official recommended the applicant be granted relief and be permitted to retain any bonus payments made to him prior to being commissioned.  He stated the applicant reenlisted in the USAR on 26 June 2007 and he was appointed as a WO1 in the Air National Guard on 29 October 2008.  He served 1 year and 


4 months in an enlisted status prior to accepting appointment as a Reserve warrant officer.  A USAR policy mandated that termination and recoupment of any enlistment bonuses be implemented if the original bonus contract occurred prior to 21 May 2008.  He added that a determination by Office of the Secretary of Defense (OSD) issued on 21 May 2008 precluded recoupment from a member enlisting, reenlisting, or being appointed into any branch of the military as long as they received no bonus for the new period of service and the new period of service was equal to or more than the existing period of service.  For current cases such as the applicant's case, the bonus is currently terminated without recoupment upon change of status.  Although the applicant's reenlistment occurred prior to the 21 May 2008 policy change, an earlier OSD determination on 8 April 2005 gave flexibility in such actions and the Army has consistently approved Soldiers who transfer from one status to another to retain any bonus (terminate without recoupment of any money already paid) as an exception to policy provided they did not get any new bonus for the new period of service.

6.  On 1 November 2010, a copy of the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant did not respond.

DISCUSSION AND CONCLUSIONS:

1.  An 8 April 2005 OSD determination gave flexibility for Soldiers who transfer from one status to another to retain any bonus as an exception to policy and the Army has consistently approved these requests.  An OSD determination issued on 21 May 2008 precluded recoupment of an enlistment bonus from a service member enlisting, reenlisting or being appointed into any branch of the military. 

2.  The evidence of record shows on 26 June 2007 he reenlisted in the USAR for a $15,000.00 reenlistment bonus and he served in the USAR for 1 year and 4 months as an SFC in MOS 25S.  On 29 October 2008, he was appointed as a warrant officer in the Air National Guard and he is currently serving in that status.

3.  In view of the foregoing, and as a matter of equity, the applicant should be allowed to retain any bonus payments made prior to his appointment as a Reserve warrant officer and reimbursement for any monies that have been already recouped.


BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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:

	a.  showing his request for exception to policy for recoupment of enlisted bonus payments was timely received, processed, and approved by the proper authority; and

	b.  allowing him to retain any bonus payments received prior to his appointment as a Reserve warrant officer (29 October 2008) and reimbursement for any monies that have already been recouped.

2.  The Board further determined that the Defense Finance and Accounting Service should conduct an audit of the applicant's pay account to determine and effect the reimbursement of any reenlistment bonus amount already recouped.



      ___________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)                                         AR20100011781



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ABCMR Record of Proceedings (cont)                                         AR20100011781



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