IN THE CASE OF:
BOARD DATE: 9 October 2014
DOCKET NUMBER: AR20140001138
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 cancellation of the recoupment of his enlistment bonus and Servicemembers Group Life Insurance (SGLI) payments.
2. The applicant states he served half of the required time and received half of the bonus. The Defense Finance and Accounting Service (DFAS) documents and his Wage and Tax Statements (IRS Forms W-2) show he served longer than is stated. Also, he was part of Reserve Officers Training Corps (ROTC) in college. He was deployed so he couldn't reach anyone to obtain documents.
3. The applicant provides copies of
* pages 2 of 4 through 4 of 4 of his enlistment contract bonus addendum
* W-2s for calendar years 2010 and 2012 (he also indicates 2011 but that was not enclosed)
* four pages of DFAS analysis and data on his case
CONSIDERATION OF EVIDENCE:
1. On 12 February 2008, the applicant enlisted in the U.S. Army Reserve (USAR) for a period of 6 years. He signed a bonus addendum for a $15,000.00 prior service enlistment bonus. On 31 March 2008, he contracted as a Senior ROTC cadet. However, no termination notice was provided to DFAS, so he continued to receive bonus payments.
2 On 22 November 2010, he disenrolled from the ROTC program but was reinstated to his enlisted USAR status, regained his bonus entitlement, and continued to serve. On 11 April 2011, the applicant enlisted in the U.S. Navy Reserve.
3. During the processing of this case an advisory opinion was obtained from Headquarters, U.S. Army Reserve Command. The opinion:
a. noted that:
(1) the proportionate monthly amount payable was derived by dividing the total amount ($15,000.00) by the number of months or the commitment (72 months) which yielded a monthly amount of $208.33;
(2) the applicant had been paid $11,250.00;
(3) he had actually served satisfactorily for 37 months and thereby earned $7,708.21;
(4) the amount of overpayment was $3,541.79;
(5) no recoupment of SGLI had been reported and, therefore, no further adjustment was warranted; and
b. recommended that $3,541.79 be recouped.
4. The advisory opinion was forwarded to the applicant. No response has been received.
DISCUSSION AND CONCLUSIONS:
1. The applicant enlisted in the USAR with a $15,000.00 prior service enlistment bonus agreement and actually received $11,250.00. His qualification for the enlistment bonus should have been terminated by his stint of ROTC, but it was not. He was then never commissioned, but he returned to his enlisted status.
2. Shortly after his entitlement to the enlistment bonus was reestablished he enlisted in the Navy Reserve. He actually served 37 of the required 72 months. He had 35 months yet to serve.
3. The advisory opinion established a monthly dollar amount of $208.33 which rendered a total amount due of $3,541.79 and recommended that amount be recouped. Additionally, no recoupment of SGLI had been reported and therefore, no further adjustment is warranted.
4. The applicant did not serve in the USAR for the entire time he was paid a bonus and the unearned portion should be recouped.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant's records as recommended below:
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ___x____ ____x___ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by crediting him with having earned $7,708.21 of the $11,250.00 enlistment bonus paid thus far and limiting any recoupment to $3,541.79.
2. The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to cancelling recoupment of the entire enlistment bonus paid and any recoupment of SGLI.
_______ _ _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) AR20140001138
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ABCMR Record of Proceedings (cont) AR20140001138
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