IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140012016
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 remission of the debt she incurred as a result of recoupment of her enlistment bonus.
2. The applicant states:
* she was only granted a bonus with her initial enlistment
* she was never granted a bonus upon her reenlistment
* the paperwork for the bonus was not processed until her reenlistment
* she never actually received the bonus money, but incurred a debt nonetheless
* her final pay upon Army discharge was withheld due to this debt
3. The applicant provides:
* DA Form 3286 (Statement for Enlistment U.S. Army Enlistment Program), Annex A, dated 6 September 2008
* DA Form 3286, Annex B, dated 16 September 2008
* DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States), dated 10 January 2012
* DA Form 3286, Annex A, dated 10 January 2012
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 16 September 2008, for an
8-year obligation, 3 years and 30 weeks of which was considered an active duty obligation. She signed a DA Form 3286 on that date which authorized a $6,000.00 seasonal enlistment bonus for her enlistment of 3 years in conjunction with the airborne option. Her enlistment contract also guaranteed that, provided she meets the prerequisites, she would receive training in the military occupational specialty (MOS) 92W (Water Treatment Specialist).
2. She signed her DA Form 3286 stating she understood that:
* she must meet the physical requirements for airborne (training) in accordance with Army Regulation 40-501 (Standards of Medical Fitness)
* she must demonstrate the ability to run 5 miles in 45 minutes or less or she would not be allowed to enter airborne training
* she must successfully complete the Basic Airborne Training (BAT) course
* in addition to her MOS training she is required to complete airborne training
* she was volunteering to perform frequent aircraft flight, parachute jumps, and to participate in realistic combat training while receiving airborne training or performing airborne duties
* if she failed to complete airborne training and maintain airborne qualifications, she would be reassigned in accordance with the needs of the Army
* if she failed to complete her initial term of service in the incentivized MOS due to her own misconduct, her bonus would be forfeited and any unearned amount would be refunded, this included the airborne bonus
3. On 10 March 2009, the applicant waived her enlistment commitment of airborne status due to personal reasons.
4. On 10 January 2012, the applicant reenlisted for the Army training reenlistment option, allowing her reclassification into MOS 42A (Personnel Services Specialist). She did not receive a reenlistment bonus.
5. On 14 September 2012, she was discharged from the Army for misconduct and given a general discharge, under honorable conditions. She completed 3 years, 11 months, and 27 days of active service.
6. On 29 July 2014, the Army Review Boards Agency obtained an advisory opinion from the Department of the Army Office of the Deputy Chief of Staff, G-1, regarding the applicant's enlistment bonus. The advisory opinion states the $6,000.00 bonus was a seasonal bonus for the airborne specific option, clearly affiliated with the airborne MOS. MOS 92W, non-airborne, had no affiliated bonus associated with it.
7. The applicant's Master Military Pay Account reflects she was paid a total bonus of $6,000.00 and a collection total of $4,655.56 was recouped by the Defense Finance and Accounting Services (DFAS).
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for remission of the debt she incurred as a result of recoupment of her enlistment bonus was carefully considered.
2. She received a seasonal enlistment bonus of $6,000.00 in exchange for her agreement to fulfill the airborne service option.
3. On 10 March 2009, she waived her enlistment commitment of airborne status, thus failing to fulfill the contractual obligations linked to the receipt of her enlistment bonus.
4. Records reflect the applicant received the $6,000.00 bonus and that it was appropriately recouped by DFAS.
5. In view of the foregoing, there is no basis for granting the requested relief.
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 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.
ABCMR Record of Proceedings (cont) AR20140012016
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ABCMR Record of Proceedings (cont) AR20140012016
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