PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           11 January 2001                   
	DOCKET NUMBER:   AR2000050092

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Ms. Ann M. Campbell		Member	
	Mr. Donald P. Hupman, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that he be reimbursed the $1,208.33 enlistment bonus erroneously recouped from his pay, $11.44 interest that was paid, and $30.00 in administrative fees, interest, and mailing costs.

3.  The applicant states that the Chief, Enlisted Accessions Division approved the reimbursement of his recouped enlistment bonus in December 1999 but the paperwork was misplaced.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve (USAR) on 23 December 1997 for training in military occupational specialty (MOS) 92Y (Unit Supply Specialist) and a $3,000.00 enlistment bonus authorized that MOS for a 6-year contract to be served in the Selected Reserve.  He received $1,500.00 of this bonus upon completing advanced individual training in MOS 92Y.  

5.  On 19 August 1998, the applicant enlisted in the Regular Army in MOS 92Y.  Recoupment of his unearned USAR enlistment bonus was initiated.  An Automated Pay Adjustment Authorization notes that the Defense Finance and Accounting Service was authorized to charge the applicant’s military pay record in the total amount of $1,312.01 (which included a $15.00 administrative charge, an $11.44 interest charge, and three principal charges).

6.  In October 1999, the applicant requested an exception to policy to retain his bonus due to his continued service as a 92Y in the Army and reimbursement of the debt collected from him.  The Office of the Chief, Army Reserve recommended approval of his request.  On 14 January 2000, the Deputy Chief of Staff for Personnel, Enlisted Accessions Division approved his request for an exception to policy to retain the enlistment bonus in the amount reclaimed by the automated pay adjustment authorization.

7.  Army Regulation 15-185, which governs the operation of the Board, provides
that the Army may not pay attorney’s fees or other expenses incurred by or on behalf of an applicant in connection with an application for correction of military records under Title 10, U. S. Code, section 1552.

CONCLUSIONS:

1.  The Board concludes that it would be appropriate to grant the applicant partial relief in accordance with the Deputy Chief of Staff for Personnel’s decision to approve an exception to policy and allow the applicant to retain the enlistment bonus in the amount reclaimed by the Army.

2.  It would not be appropriate and it would be contrary to law and regulations to reimburse the applicant for any additional costs, such as interest he would have earned, mailing costs, or other administrative fees he incurred in connection with his application.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by reimbursing to the applicant all principal, administrative and interest charges recouped from him in connection with the enlistment bonus paid to him as an exception to policy.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__emw___  __amc___  __dph__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Ernest M. Willcher
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000050092	
SUFFIX		
RECON		
DATE BOARDED	20010111	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	128.05	
2.		
3.		
4.		
5.		
6.