RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 April 2007 DOCKET NUMBER: AR20060010908 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. Gerard W. Schwartz Acting Director Mr. Michael L. Engle Analyst The following members, a quorum, were present: Ma. Linda D. Simmons Chairperson Mr. Jeffrey C. Redmann Member Mr. Roland S. Venable Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests payment for 21 days of accrued leave. 2. The applicant states that she was denied unemployment insurance because she received 21 days of accrued leave. She contends that she did not receive payment for her accrued leave because her bonus was recouped. 3. The applicant provides a copy of her separation pay worksheet; bonus recouping worksheet; expiration term of service brief; leave and earnings statement for May 2006; military net pay advice dated 15 June 2006; and her checking account transactions as of 15 and 16 June 2006; CONSIDERATION OF EVIDENCE: 1. On 28 October 1997, the applicant enlisted in the Regular Army for 3 years. She completed her initial training and was awarded military occupational specialty 92Y1O (Unit Supply Specialist). 2. On 21 December 1999, the applicant reenlisted for another 4 years in the Regular Army. She attained the rank of sergeant, pay grade E5 on 15 December 2000. 3. On 29 May 2003, the applicant reenlisted in the Regular Army for another 3 years. On 9 September 2004, she again reenlisted, this time for 4 years and accepted a selective reenlistment bonus of $14,381.55. 4. On 29 March 2006, the applicant’s commander recommended that she be separated from the service under the provisions of Army Regulation 635-200, Chapter 14, for misconduct due to the commission of a serious offense. 5. On 25 April 2006, the appropriate authority approved the recommendation for discharge and directed that the applicant be issued a general discharge under honorable conditions. 6. Accordingly, on 12 May 2006, the applicant was discharged under honorable conditions. She had completed 8 years, 6 months and 15 days of creditable active service. 7. The Bonus Recouping Worksheet (provided by the applicant) shows that she was paid a bonus of $14,381.55 for a commitment of 4 years. This equaled a daily payment of $9.98719. She was obligated to serve until 8 September 2008, but was released on 12 May 2006. This was 836 days early. The amount of bonus recouped was $8,349.29 (836 x $9.98719). 8. The separation pay worksheet (provided by the applicant) shows that at the time of her discharge, she had additional pay entitlements of $2,671.00, which included $1,184.40 for her 21 days of accrued leave. She also had $8,932.25 in deductions for insurance, Soldier's home, Uniform Code of Military Justice, meals, taxes, and recouped bonus. This left the applicant with a $6,261.25 debt. 9. In the processing of this case, a staff advisory opinion was obtained from the Chief, Claims Branch, Directorate of Debt and Claims Management, Defense Finance and Accounting Service, 6760 East Irvington Place, Denver, Colorado 80279-8000. The Chief indicated that the applicant was paid pay and allowances for 12 days service, and the 21 days of accrued leave. The Chief also indicated that these payments were applied against her outstanding debt to the United States Government. Based on the fact that her 21 days of accrued leave was a factor in the denial of unemployment compensation to the applicant, the Chief withheld making a recommendation in this case. 10. The advisory opinion was provided to the applicant for comment. However, no response has been received. DISCUSSION AND CONCLUSIONS: 1. The evidence clearly shows that the applicant enlisted for a 4-year period and received a selective reenlistment bonus for doing so. She failed to serve the entire 4 years and was required to pay back the unearned portion of her bonus. Her debt was larger than her unpaid entitlements at the time of her separation. Hence, she became indebted to the United States Government. 2. The applicant has provided copies of documents showing that she was credited with her entitlements, including payment for her 21 days of accrued leave; and that this credit was applied against her outstanding debt. However, she has not provided any substantiating evidence or argument to show that the resulting debt is in error or unjust. 3. The issue regarding entitlement to unemployment insurance is not a matter within this Board's jurisdiction. 4. In view of the above, the applicant's request should not be granted. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __LDS___ __JCR__ ___SWF_ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __Linda D. Simmons___ CHAIRPERSON INDEX CASE ID AR20060010908 SUFFIX RECON DATE BOARDED 20070405 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 121.0200 2. 3. 4. 5. 6.