IN THE CASE OF:
BOARD DATE: 3 May 2011
DOCKET NUMBER: AR20100022447
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 that the narrative reason for separation and separation code on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show he was discharged to accept a commission.
2. The applicant states, in effect, Army Regulation 601-210 (Active and Reserve Components Enlistment Program) indicates an enlistment/reenlistment bonus should not be recouped when an enlisted Soldier is commissioned. However, the Defense Finance and Accounting Service (DFAS) is recouping his bonus based on the narrative reason for separation and the separation code that are on his DD Form 214.
3. The applicant provides copies of his DD Form 214, a memorandum of appointment, DA Form 71 (Oath of Office), myPay printouts, a DFAS Bonus Recoupment statement, and an extract from Army Regulation 601-210.
CONSIDERATION OF EVIDENCE:
1. The applicant's DD Form 214 shows he initially enlisted in the Regular Army on 30 May 1997, he reenlisted for a $20,000 bonus on 13 May 2005, and he was honorably discharged on 20 August 2009.
2. On 21 August 2009, he accepted a commission as a U.S. Army Reserve (USAR) second lieutenant with a concurrent call to active duty for an indefinite period.
3. His DD Form 214, issued on 20 August 2009, shows in:
* item 25 (Separation Authority) "Chapter 4, Army Regulation 635-200"
* item 26 (Separation Code) "KBK"
* item 28 (Narrative Reason for Separation) "Completion of Required
Active Service"
4. The DFAS Bonus Recoupment statement shows the applicant's total Selective Enlistment Bonus/Selective Reenlistment Bonus was $19,152.65 and $17,852.16 was subject to recoupment. DFAS immediately commenced to take recoupment action.
5. Army Regulation 63551 (Separation Program Designator (SPD) Codes) implements Department of Defense policy for standardization of certain entries on the DD Form 214. It is periodically revised to update the SPD codes to be used and the associated authorities and reasons for their use. It shows the proper code to use when a Soldier is discharged to accept an Army commission or warrant is "KGM." The associated authority is "Army Regulation 635200, paragraph 161a."
6. Army Regulation 635200, paragraph 161a applies to Soldiers who are discharged for the purpose of being ordered to active duty as a commissioned or warrant officer in any branch of the Armed Forces.
7. A Deputy Chief of Staff for Personnel (DCSPER) SPD-Pay Actions Table sets forth the recoupment and supplemental pay guidelines. It provides a bonus recoupment code of "T" in this situation. The "T" translates to mean that previous payments stand [are not recouped] and no further payments are made.
8. Army Regulation 601-210, paragraph 10-9c(2), states that an enlisted Soldier accepting an appointment as a commissioned officer or warrant officer is not subject to recoupment of any enlistment or reenlistment bonus, including lump sums.
9. An advisory opinion was obtained from the Office of the Deputy Chief of Staff,
G-1. The Director, Enlisted Accessions Division, Incentives and Budget Branch noted that in 2008 the Office of the Secretary of Defense determined that recoupment would not be required in such cases so long as the new commitment was at least equal to the original period. Full relief was recommended.
10. The advisory opinion was forwarded to the applicant but no response was received within the time allowed.
DISCUSSION AND CONCLUSIONS:
1. The applicant was discharged to accept a commission in the USAR. He was commissioned in the USAR and immediately commenced on an indefinite tour of active service.
2. The DCSPER SPD-Pay Actions Table specifies that a Soldier who is discharged to accept an Army commission will be discharged under the provisions of Army Regulation 635200, paragraph 161a, the narrative reason for separation should be to "Accept a Commission," and the SPD code should be "KGM." Therefore, the applicant's DD Form 214 should be changed accordingly.
3. The recoupment of the previously-paid reenlistment bonus is not appropriate in this case as the advisory opinion makes clear. The previously-recouped monies should be refunded.
BOARD VOTE:
___X____ ___X____ ____X___ 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:
a. Deleting the entries in items 25, 26, and 28 of his 20 August 2009
DD Form 214.
b. Adding to his DD Form 214:
* item 25 "Army Regulation 635-200, paragraph 16-1a"
* item 26 "KGM"
* item 28 "Accept a Commission"
c. Based on the above corrections DFAS should audit the applicant's record and refund him all monies that were recouped due to a previous bonus.
_______ _ __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) AR20100022447
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100022447
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130013108
The applicant requests: a. his reentry eligibility (RE) code be changed from "3" to "1;" and b. the Global War on Terrorism Service Medal (GWOTSM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides that enlisted personnel who are discharged to accept a commission in the Army will be discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative...
ARMY | BCMR | CY2011 | 20110005613
The DFAS Case Management System extract provided by the applicant shows: * applicant was separated from active duty to accept an active commission * the Chaplain Corps requires the Soldier to receive a Reserve Commission and attend the seminary * the SPD Code on his DD Form 214 does not allow payment of accrued leave * a request for waiver of his SPD code was initiated to allow officer payment for his 30 days leave 6. The applicant was discharged in accordance with Army Regulation 635-200...
ARMY | BCMR | CY2011 | 20110007966
The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect a separation code of KGM (Accept Commission or Warrant in the Army) and a Reentry (RE) Code of 1. 2. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes provides, in pertinent part, that enlisted personnel who are discharged to accept a commission in the Army will be discharged under the provisions of Army Regulation 635-200, paragraph 16-1a and...
ARMY | BCMR | CY2006 | 20060008382
The applicant provides: a. On 6 May 2003, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 5-13, by reason of a personality disorder. Based on the Army G-1 opinion and the in the interest of justice, it would now be appropriate to correct the record to show that applicant requested and was granted a waiver of recoupment of his unearned portion of his bonus incentive prior to his discharge from the Army.
ARMY | BCMR | CY2008 | 20080006091
IN THE CASE OF: BOARD DATE: 20 NOVEMBER 2008 DOCKET NUMBER: AR20080006091 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. His enlistment contract shows that he enlisted for a period of 4 years and 16 weeks for the United States Army Training Enlistment Program and the United States Army Incentive Enlistment Program (U.S. Army Cash Bonus, 4-Year Enlistment, Critical Shortage Accession Bonus). The SPD/RE Code Cross Reference Table shows that an RE code of 4 is the applicable RE code assigned...
ARMY | BCMR | CY2009 | 20090000407
That memorandum stated that a member with an enlistment (or reenlistment) bonus who is discharged for immediate reenlistment or appointment (as officers) in a Military Department for which no bonus or special pay is paid, may be considered to have completed the full term of service for which the bonus was paid. The advisory opinion did, however, point out that each Service Secretary has the authority to render a case-by-case determination to waive recoupment action when such recoupment...
NAVY | BCNR | CY2002 | 03148-02
1552 (1) DD Form 149 w/attachments (2) Subject's naval record From: To: Subj: Ref: Encl: Pursuant to the provisions of reference (a), Petitioner, a 1. commissioned officer in the Naval Reserve filed enclosure (1) with this Board requesting that his record be corrected by changing the narrative reason for separation and Separation Program Designator (SPD) assigned at the time of his discharge from enlisted status. Since it was clearly improper to require recoupment of the SRB, the Board...
ARMY | BCMR | CY2009 | 20090013333
IN THE CASE OF: BOARD DATE: 14 January 2010 DOCKET NUMBER: AR20090013333 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests that item 26 (Separation Code) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 12 June 2009 be changed from "KBK" to "KGM." The evidence of record shows the applicant was honorably discharged from active duty in the USAR Active Guard Reserve Program on 12 June 2009 for completion of required active...
ARMY | BCMR | CY2010 | 20100013085
The applicant provides copies of: * a 5 January 2005 memorandum from the applicant requesting CSRB * a 20 January 2007 memorandum from his commander recommending the applicant's approval for retirement with full CSRB benefits * a 29 August 2008 letter from the applicant to the Defense Finance and Accounting Service (DFAS) * a 24 February 2009 letter from DFAS to the applicant * a 11 February 2010 letter from DFAS to a Member of Congress * his DD Form 214 (Certificate of Release of Discharge...
ARMY | BCMR | CY2002 | 2002072881C070403
The Board considered the following evidence: It states, in pertinent part, that the Enlistment Bonus is an enlistment incentive offered to those enlisting in the Regular Army for duty in a specific MOS. Army Regulation 601-280 sets forth the basic authority for the Army Enlistment Program for all military personnel of the Active Army.