IN THE CASE OF: BOARD DATE: 3 January 2024 DOCKET NUMBER: AR20230007642 APPLICANT REQUESTS: in effect, remission or cancellation of indebtedness for the recoupment of unearned portion of his reenlistment bonus in the amount of $13,528.55. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty) service ending 8 March 2013 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states in effect, he reenlisted in 2010 indefinitely when he was a sergeant first class. He did not receive a bonus for the indefinite reenlistment. However, the Defense Finance and Accounting Service states he has a debt regarding a bonus. 3. A review of the applicant's service record shows: a. The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) on 19 July 1996. He was discharged from the USAR DEP and enlisted in the Regular Army (RA) on 9 June 1997. b. The applicant reenlisted in the RA on 9 June 1999 and 30 July 2004. c. The applicant reenlisted in the RA on 29 January 2009 indefinitely in military occupational specialty 18F (Special Operations Intelligence Sergeant). The remarks section of his DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the United States) shows the applicant reenlisted for a Selective Retention Bonus (SRB) to be paid up to 16-years of service only and he was authorized a lump sum. It also states he would only be allowed to serve up to the retention control point of his current rank which was 30 June 2023. DA Form 4789 (Statement of Entitlement to SRB) shows that he was advised, and he understood that if he did not complete the full period of service he would have to payback as much of the bonus he received for the unexpired portion of the period of obligated service. d. On 13 November 2012, the applicant accepted non-judicial punishment under the provisions of Article 15, Uniform Code of Military Justice, for failure to obey a lawful order and unlawfully striking another. His punishment included extra duty and restriction for 30-days. e. On 28 January 2013, the applicant requested discharge in lieu of court-martial under the provisions of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations), chapter 10 (In Lieu of Court-martial). He acknowledged: * he understood the elements of the offenses * he was guilty of the offense(s) * consulted with counsel * he made the request of his own free will and not subjected to coercion f. On 6 February 2013, the applicant's commander recommended approval of his request for discharge in lieu of court-martials and recommended that he receive a general under honorable conditions character of service. g. On 7 February 2013, the General Court-Martial Convening Authority approved the applicant's request for discharge under the provisions of AR 635-200, chapter 10 and directed a general under honorable conditions character of service. h. On 4 March 2013, Orders Number 063-0251, issued by Headquarters, U.S. Army Garrison, Fort Bragg, the applicant was reassigned to the U.S. Army transition point on 4 March 2013 for discharge effective 8 March 2013. i. The applicant was discharged from active duty on 8 March 2013 under the provisions of AR 635-200, chapter 10 with a general under honorable conditions character of service. DD Form 214 shows the applicant completed 15-years and 9- months of active service. It also shows it items: * 24 (Character of Service): general under honorable conditions * 25 (Separation Authority): AR 635-200, chapter 10 * 26 (Separation Code): KFS * 28 (Narrative Reason for Separation): in lieu of trial by court-martial 4. On 28 September 2023, in the processing of his case, the Defense Finance and Accounting Service (DFAS) validated the applicant's indebtedness in the amount of $13,528.55. DFAS provided a printout of the applicant's master record which shows the applicant had an original debt in the amount of $21,315.81, interest and penalties in the amount of $218.88 and a write off in the amount of $101.94. The amount collected from the applicant was in the amount of $7,921.20 for a debt of $13,511.55. The amount of the credit bureau/treasury offset was in the amount of $13,528.55. The reason for the indebtedness was for recoupment of unearned portion of his reenlistment bonus which was in accordance with his separation program designator code of KFS. 5. On 16 October 2023, in the processing of this case, the U.S. Army Human Resources Command provided an advisory opinion regarding the applicant's request for remission or cancellation of his indebtedness. The advisory official stated the applicant received a reenlistment bonus in the amount of $15,000.00 for his reenlistment on 28 January 2009. The reenlistment bonus was paid for 34-months of additional obligated service to be cut off at 16-years of service. The policy in 2009 for bonus payments did not authorized payments to Soldier's beyond a Soldier's 16-years of active federal service. The policy made 30 May 2013 the applicant's obligation end date. The unearned portion of the applicant's bonus payment was between 8 March 2013 when he was separated from the service and 30 May 2013 his bonus obligation end date. Those 3-months are subject to recoupment based on his separation program designator code that was listed on his DD Form 214. 6. On 23 October 2023, the Army Review Boards Agency, Case Management Division provided the applicant the advisory opinion for review and comment. He did not respond. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records, Defense Finance and Accounting Service (DFAS) verification correspondence and U.S. Army Human Resources Command -Reenlistment and Reclassification Branch advisory opinion, the Board concurred with the advising official finding the applicant’s reenlistment bonus was paid for 34 months of an additional obligated service. In accordance with the agreed upon policy, the applicant’s obligation end date was 30 May 2013. 2. The Board noted in the opine, that an unearned portion of the applicant’s bonus payment between his separation date and bonus obligation end date, less than the allotted three months is subject to recoupment based on the SPD shown on the applicant’s DD Form 214. The Board determined the applicant acknowledged acceptance of the terms regarding his reenlistment bonus. Furthermore, the Board found insufficient evidence to support the applicant’s contentions for remission or cancellation of indebtedness for the recoupment of unearned portion of his reenlistment bonus in the amount of $13,528.55. Therefore, the Board denied relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. AR 600-4 (Remission or Cancellation of Indebtedness) provides policy and instructions for submitting and processing packets for remission or cancellation of indebtedness to the U.S. Army. Requests for remission or cancellation of indebtedness must be based on injustice, hardship, or both. A Soldier's debt to the U.S. Army may be remitted or canceled based on this regulation in cases arising from debts incurred while serving on active duty or in an active status as a Soldier. 3. Title 37 USC, section 308 (Reenlistment Bonus), (d) A member who does not complete the term of enlistment for which a bonus was paid to the member under this section, or a member who is not technically qualified in the skill for which a bonus was paid to the member under this section, shall be subject to the repayment. 4. Title 37 USC, section 331 (General bonus authority for enlisted members), (a The Secretary concerned may pay a bonus under this section to a person, including a member of the armed forces, who: * enlists in an armed force * enlists in or affiliates with a reserve component of an armed force * reenlists, voluntarily extends an enlistment, or otherwise agrees to serve: * for a specified period in a designated career field, skill, or unit of an armed force * under other conditions of service in an armed force. (g) (Repayment), a person or member who receives a bonus under this section and who fails to complete the period of service, or meet the conditions of service, for which the bonus is paid, as specified in the written agreement under subsection (d), shall be subject to the repayment. 5. Department of Defense Financial Management Regulation 7000.14-R, Volume 7a, chapter 9, Paragraph 090403 (Reasons for Recoupment), for the purpose of recoupment of any unearned portions of bonus because of misconduct. Paragraph 090406 (Recoupment of Reenlistment Bonus) B (Selective Reenlistment Bonus), the recoupment of the SRB is based on the period of additional obligated service and not on the entire enlistment period. The total amount of the SRB is earned upon completion of 16-years of active service. 6. AR 601-280 (Army Retention Program) in effect at the time, prescribes criteria for the Army Retention Program and sets forth policies, command responsibilities For: Immediate reenlistment or extension of enlistment of Soldiers currently serving in the Active Army and Enlistment/Transfer and assignment of Soldiers processing from the Active Army to the Reserve Components of the U.S. Army. Paragraph 5-13 (Recoupment from Soldiers who fail to complete obligated service), a Soldier who voluntarily or because of misconduct fails to complete obligated service for which a SRB was paid will refund a percent of the bonus equal to the percent of obligated service not performed. Recoupment of an unearned bonus //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230007642 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1