IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20160005181 BOARD VOTE: ____X____ ___X_____ ___X_____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20160005181 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 showing a request to waive recoupment of her bonus was approved. 2. As a result of the above correction, the Defense Finance and Accounting Service shall be notified of the Board's determination. _____________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. IN THE CASE OF: BOARD DATE: 7 June 2016 DOCKET NUMBER: AR20160005181 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 reimbursement of enlistment bonus funds that were recouped upon her discharge from the Regular Army. 2. The applicant states: a. She sought relief from the Army Discharge Review Board (ADRB) in the form of a change in the narrative reason for her separation, as shown on her DD Form 214 (Certificate of Release or Discharge from Active Duty), and the return of all funds recouped from her. She was never given her last pay check and upon her discharge, she had to pay the Army. The ADRB granted her full relief. b. The ADRB stated that the relief requested on her behalf by her Representative in Congress was warranted and part of the relief requested was to be repaid the money the Army recouped from her; however, the refund of the monies was never complied with. c. She informed the Defense Finance and Accounting Service (DFAS) of the change and she inquired about the reimbursement. She was informed by DFAS that they needed something more clear. 3. The applicant provides: * a letter from her Representative in Congress addressed to the Acting Secretary of the Army, dated 19 February 2016 * a letter from DFAS addressed to her Representative in Congress, dated 4 January 2016 * a bonus recoupment worksheet * her ADRB Case Report and Directive * several documents from the Department of Veterans Affairs (VA) pertaining to her claim for service-connected disability compensation CONSIDERATION OF EVIDENCE: 1. On 26 June 2010, the applicant enlisted in the Regular Army for 6 years. Her DA Form 3286 (Statement for Enlistment – U.S. Army Enlistment Program) shows: a. She enlisted for training in military occupational specialty (MOS) 15U (CH-47 Helicopter Repairer), she enlisted under the U.S. Army Incentive Enlistment Program (U.S. Army High Grad Bonus (Bachelor)), and she was authorized an immediate enlistment cash bonus in the amount of $2,000. b. She acknowledged she understood that if she failed to completed her initial term of service in the incentivized MOS in which she was contracted due to her own misconduct, performance or reasons other than the needs of the Department of the Army, resulting in failure to attain the bonus MOS, her bonus eligibility would be terminated and any unearned amount received would be subject to recoupment. c. She further acknowledged she understood that her eligibility to receive non-MOS related incentives such a High Grad bonus remains intact provided she remained otherwise eligible and complete her first term of Army contracted service. 2. On 29 March 2012, she underwent a mental status evaluation and was diagnosed with adjustment disorder with mixed anxiety and depressed mood. The evaluating behavioral health provider opined that the anxiety and depression would not be relieved until she was out of the Army despite continued treatment by behavioral health. Her expeditious separation from the Army was recommended under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other designated physical or mental conditions). 3. On 9 July 2012, the applicant's immediate commander notified her of his intent to initiate separation action against her under the provisions of Army Regulation 635-200, paragraph 5-17. The commander stated the reason for the proposed separation action was her diagnosis of adjustment disorder with anxiety and depressed mood because the condition could potentially interfere with the performance of her duties. On this same date, the applicant acknowledged receipt of the proposed separation action. 4. On 11 July 2012, following consultation with counsel, the applicant acknowledged she had been advised of the basis for the contemplated separation action and of the rights available to her. She elected not to submit a statement in her own behalf. 5. On 11 July 2012, the applicant's immediate commander initiated separation action against her under the provisions of Army Regulation 635-200, paragraph 5-17. 6. On 24 July 2012, consistent with the chain of command's recommendations, the separation authority approved the separation action. 7. Orders 209-0204, issued by Headquarters, U.S. Army Garrison, Fort Wainwright, Alaska, on 27 July 2012, show her separation was deemed involuntary. 8. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) shows she was discharged on 28 August 2012 following her completion of 2 years, 2 months, and 1 day of active duty service. Her DD Form 214 further shows: * she was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, by reason of "condition, not a disability" * she was issued the separation code "JFV" (Other designated physical or mental conditions) 9. In her application dated 1 April 2013, the applicant requested the ADRB change the separation code shown on her DD Form 214 to properly reflect the reason for her discharge. On 24 January 2014, the ADRB granted her request and amended her DD Form 214 to show the narrative reason for separation as "Secretarial Authority" and the corresponding separation code as "JFF." 10. The recoupment of her enlistment bonus was not discussed during the adjudication of her request by the ADRB. It must be noted that her application to the ADRB does not show she requested relief in the form of reimbursement of the recouped monies pertaining to her enlistment bonus. 11. During the processing of this case, an advisory opinion was obtained from the Office of the Deputy Chief of Staff, G-1, Incentives and Budget Branch, Enlisted Accessions Division. This office recommends disapproval of the applicant's request for reimbursement of the enlistment bonus funds that were recouped upon her discharge and stated: a. The applicant received an enlistment bonus in the amount of $2,000 and only served 1,379 of the required 2,160 days. b. The applicant bases her request on the fact that the ADRB changed her separation code from "JFV" to "JFF." While the ADRB changed the applicant's separation code, the ADRB did not see fit to change the narrative reason for the discharge. As such, the recoupment of the enlistment bonus at the time of her separation was both legitimate and warranted. 12. The applicant provided a bonus recoupment worksheet that shows the total amount of the enlistment bonus recoupment was $1,276.85. She also provided a letter from DFAS informing her Representative in Congress that they could not take action pertaining to the reimbursement of her recouped enlistment bonus because the ADRB did not address the mandated bonus recoupment. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Paragraph 5-17 provides for the separation of Soldiers on the basis of other physical or mental conditions not amounting to disability that potentially interfere with assignment to or performances of duty. Such conditions may include, but are not limited to, disorders manifesting disturbances of perception, thinking, emotional control or behavior sufficiently severe that the Soldier’s ability to effectively perform military duties is significantly impaired. 2. Army Regulation 601-280 (Army Retention Program), the version in effect at the time, provided in paragraph 5–13 that a Soldier who voluntarily or because of misconduct fails to complete obligated service for which an enlistment bonus was paid, will refund a percent of the bonus equal to the percent of obligated service not performed. The servicing finance and accounting office will perform recoupment of the portion of the bonus before the Soldier's discharge. 3. The Department of Defense Financial Management Regulation (DODFMR), Volume 7A, paragraph 090503M(10), states that for the purpose of recouping any unearned portions of enlistment, reenlistment, or retention bonuses, the term "who voluntarily or because of misconduct" includes (but is not limited to) members separated as directed by the Secretary of the Military Service Department concerned (or designee) in individual cases and includes voluntary separation, or transfer to a Reserve Component if required by law; and for the convenience of the government upon the application and interest of the member because of special or unusual circumstances including, but not limited to, personality disorder (recoupment is required for administrative discharges. Recoupment is not required when a member is medically discharged with a physical disability). 4. The Deputy Secretary of Defense memorandum, Subject: Repayment of Unearned Portions of Bonuses, Special Pay, and Educational Benefits of Stipends, dated 8 April 2005; and the Principal Deputy Under Secretary of Defense memorandum, same subject, dated 18 September 2007, modified on 21 May 2008, specifies rules regarding repayment of unearned portions of a bonus. This memorandum authorized the establishment of additional exceptions if repayment would be contrary to personnel policy or management objective, would be against equity and good conscience, or would be contrary to the best interests of the United States. As a general rule, the memoranda direct that repayment would not be sought if the member's inability to fulfill the requirements is due to an illness or injury, through no misconduct of the member, which precludes the member from fulfilling the service conditions specified in the written agreement. DISCUSSION: 1. The applicant enlisted in the Regular Army on 26 June 2010 and was authorized a $2,000 enlistment bonus with the condition that she serve 6 years of active service. 2. The evidence shows she was involuntarily discharged on 28 August 2012 due to a behavioral health condition that interfered with the performance of her military duties. 3. The pertinent DODFMR states that separations due to personality disorder are among those listed conditions subject to recoupment (unless discharged with a physical disability); however, in accordance with the Secretary of Defense memoranda, recoupment in cases determined to be contrary to management objectives, against equity and good conscience, or contrary to the best interest of the United States can be waived. 4. The DOD memoranda provide that as a general rule, repayment would not be sought if the member's inability to fulfill the requirements was due to an illness or injury, through no misconduct of the member that precluded the member from fulfilling the service conditions specified in the written agreement. The evidence shows the applicant's involuntary separation was a result of a behavioral health condition and not a result of misconduct or a voluntary desire to disregard the stipulations of her enlistment contract. 5. Based on the foregoing, notwithstanding the recommendations outlined in the advisory opinion, her records should be corrected to show that a request to waive recoupment of her enlistment bonus was approved and by refunding to her any monies that have already been recouped. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005181 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005181 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2