BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100024319
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 termination of her reenlistment bonus recoupment.
2. The applicant states:
a. she was informed her transfer to the Individual Ready Reserve by reason of a hardship discharge would have no financial ramifications; and
b. the Defense Finance and Accounting Service (DFAS) billed her to recoup her bonus.
3. The applicant provides the following documents:
* House of Representatives letter dated 12 August 2010
* Office of the Chief Legislative Liaison letter dated 6 August 2010
* Discharge packet
* DA Form 2A (Personnel Qualification Record)
* DFAS letter dated 20 August 2010 with a 2 page enclosure
CONSIDERATION OF EVIDENCE:
1. The applicant's military record shows she enlisted in the U.S. Army Reserve (USAR) on 20 April 2002 for an 8-year period. She was trained in and awarded military occupational specialty 91D (Operating Room Specialist). She reenlisted on 7 May 2008 for a $15,000 bonus.
2. On 10 January 2010, she submitted a request for hardship discharge based on the medical challenges of her son. The unit commander recommended approval of the applicant's request. (The separation authority's approval is not on file.)
3. The applicant's OMPF includes the following orders issued by Headquarters (HQs), USAR Command (USARC):
a. Orders Number 10-257-00028, dated 14 September 2010, directed the applicant's release from her current assignment and assignment to the Standby Reserve (Active Status List) by reason of "hardship-other than parenthood" effective on 10 March 2010.
b. Orders Number 10-271-00001, dated 28 September 2010, revoked Orders Number 10-257-00028 dated 14 September 2010.
c. Orders Number 10-271-00002, dated 28 September 2010, directed the applicant's honorable discharge from the USAR effective 10 March 2010. The reason for her discharge is not included on this order.
4. A DFAS, Directorate of Debt and Claims Management, letter dated 20 August 2010 shows the applicant incurred a debt to the Department of Defense based on the unearned portion of her enlistment/reenlistment bonus in the amount of $10,484.94.
5. During the processing of this case an advisory opinion was obtained from the Chief, Claims Branch, Directorate of Debt and Claims Management. It shows:
a. the applicant reenlisted in the USAR on 7 May 2008, for a 6-year period entitling her to a bonus valued at $15,000.00 (the Enlistment/Reenlistment document evidencing this enlistment is not included in the applicant's OMPF);
b. the applicant requested hardship discharge on 10 January 2010;
c. HQs, USARC, Orders Number 10-257-00028, dated "24" September 2010, directed the applicant's release from her current assignment by reason of hardship other than parenthood;
d. per DOD Financial Management Regulation Volume 7A, Chapter 2, Table 2-1, Rule 8 states, if a member under a written agreement for a pay or benefit is separated from service under a hardship separation, or a sole survivor discharge then repayment of the unearned portion of the pay of benefit will not be sought; and
e. recommended approval of the applicant's request.
6. On 3 March 2011, the applicant was provided an opportunity to respond to the advisory opinion, but did not do so.
7. On 24 May 2011, the Army Reserve G-1, Personnel Policy Division, who published all of the HQs, USARC orders in this case, confirmed the applicant was voluntarily discharged from the USAR on 10 March 2010 by reason of "hardship-other than parenthood."
8. The DOD Financial Management Regulation, Volume 7A, chapter 2, Table 2-1, Rule 8 states, if a member under a written agreement for pay or benefit is separated from service under hardship separation, or a sole survivor discharge, than repayment of the unearned portion of the pay of benefit will not be sought.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her debt for the enlistment bonus she received should be terminated.
2. The evidence of record as indicated by the Army Reserve G-1, Personnel Policy Division official, confirms the applicant was discharge by reason of "hardship-other than parenthood." By regulation, the unearned portion of the pay of benefit will not be sought from members separated from service for this reason. Therefore, her discharge orders should be amended to show she was separated for hardship, the recoupment of any unearned portion of the applicant's reenlistment bonus should be terminated, and any monies already recouped should be paid back to her.
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. amending Headquarters, U.S. Army Reserve Command Orders 10-271-00002, dated 28 September 2010, to show in the additional instructions that she was separated for "Hardship - Other Than Parenthood"; and
b. terminating the recoupment of her May 2008 reenlistment bonus and repaying to her any bonus monies 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) AR20100024319
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