ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS BOARD DATE: 9 January 2020 DOCKET NUMBER: AR20190004295 APPLICANT REQUESTS: * recalculation of his Special Separation Bonus (SSB) debt APPLICANT’S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * letter from Defense, Finance, and Accounting Service (DFAS) * letter from DFAS Retired and Annuitant Pay * DD Form 214 (Certificate of Discharge or Release from Active Duty) FACTS: 1. The applicant states: * his DD Form 214 shows he received the amount of $44,149.53 of SSB * the repayment memorandum from DFAS shows a debt of $48,587.85 * both he and his wife recall their net check was $32,000 * the money was used to buy life insurance policies and to put $20,000 down on their home * they had been anticipating having to repay $44,149.53 as denoted on his DD Form 214 * they do not recall the amount of $48,587.85 * repayment of SSB occurs if/when a Soldier who received it retires * he just discovered the discrepancy in the amount when he received the correspondence from DFAS 2. The applicant's service records contain the following documents for the Board's consideration: * Orders 129-0009 published by Camp Shelby Joint Forces Training Center, dated 8 May 2012, releasing him active duty and placing him in the US Army Reserve Control Group (Retired) effective 24 May 2012 * Orders C11-890216 published by US Army Human Resources Command, dated 29 November 2018 placing him on the retired list on 1 October 2018 3. The applicant provides, the following documents for the Board's consideration: * a letter from DFAS, dated 24 January 2019, which states: > they will begin deductions from his retired pay to recoup SSB payments > the deductions would begin on 1 June 2019 > his current outstanding balance was $48,587.85 * a letter DFAS Retired and Annuitant Pay, dated 24 January 2019 which reiterates the amount of debt and when the repayment would begin * a DD Form 214 with a separation date of 15 July 1992, which shows in item 18 (Remarks) SSB $44,149.53 paid lump sum 4. See below for references. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief is warranted. The Defense Finance and Accounting (DFAS) should recalculate and validate the applicant’s Special Separation Bonus (SSB) debt of $48,587.85 considering all the evidence provided in this case. After recalculation, DFAS should provide the applicant communication to explain the debt determined. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that Defense Finance and Accounting (DFAS) should recalculate and validate the applicant’s Special Separation Bonus (SSB) debt of $48,587.85 considering all the evidence provided in this case and provide the applicant an explanation of its recalculation. 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.? REFERENCES: 1. The Defense Finance and Accounting Service website at https://www.dfas.mil /retiredmilitary/plan/separation-payments/special-separation-benefit.html states, if a Soldier received Special Separation Benefit (SSB) and later qualified for retired or retainer pay, they would be required to repay the full gross SSB paid to date. If after receiving SSB a Soldier spent enough time in the reserves to qualify for retirement pay, they reenlist, or they are recalled to active duty and qualify for retirement pay, they may choose to retire. However, they would be required to repay the full gross amount of SSB they received. https://www.dfas.mil/retiredmilitary/plan/separation-payments/vsi-ssb-recoupment.html For Example: If you received a gross separation payment for $60,000 less Federal Income Tax Withholding of $12,000, you would have received a net check for $48,000. DFAS will recoup the gross amount of $60,000. 2. Army Regulation 600-4 (Remission or Cancellation of Indebtedness) in accordance with the authority of Title 10 USC, section 4837, the Secretary of the Army may remit or cancel a Soldier’s debt to the U.S. Army if such action is in the best interests of the United States. Indebtedness to the U.S. Army that may not be canceled under Title 10 USC, section 4837 is when the debt is incurred while not on active duty or in an active status. // NOTHING FOLLOWS // ABCMR Record of Proceedings (cont) AR20190004295 3