IN THE CASE OF: BOARD DATE: 17 March 2021 DOCKET NUMBER: AR20200008131 APPLICANT REQUESTS: remission of debt for a combined total amount of $17,094.28: * Alleged overpayment of $12,983.14 worth of Basic Allowance for Housing (BAH) * Alleged overpayment of $1,245.13 related to excessive leave balance * Bonus recoupment of $3,168.00 * Refund of his 2019 federal income tax return in the amount of $3,908.20 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Self-Authored letter * DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus) dated 2 October 2012 * Leave and Earnings Statement Online Inquiry System dated 31 October 2012 * Department of Veterans Affairs Certificate of Eligibility letter dated 31 March 2014 * Columbia University letter * Memorandum for Record (MFR) – Separation under AR 635-200, Chapter 5-16, Early Separation to Further Education dated 25 March 2015 * Memorandum for Record (MFR) – Separation under AR 635-200, Chapter 5-16, Early Separation to Further Education dated 26 March 2015 * Memorandum for Record (MFR) – Separation under AR 635-200, Chapter 5-16, Early Separation to Further Education dated 26 March 2015 * MFR – Assumption of Command by Authority of Paragraph 2-6a(1), AR 600-20 * DA Form 4187 (Personnel Action) dated 31 March 2015 * MFR- Pre-Chapter Separation Education Counseling dated 1 April 2015 * DA Form 2648 (Pre-separation Counselling Checklist) dated 1 April 2015 * Order 105-0006 dated 15 April 2015 * Service Member Career Readiness Standards/Individual Transition Plan Checklist dated 20 April 2015 * DA Form 31 (Request and Authority for Leave) dated 22 April 2015 * DA Form 5950 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance dated 7 May 2015 * Finance Records Review dated 6 May 2015 * Personnel Records Review dated 6 May 2015 * DA Form 137-1 (Unit Clearance Record) dated 8 May 2015 * Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements * DA Form 137-2 (Installation Clearance Record) dated 5 June 2015 * Chapter 5-16 (School Drop) Packet * DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 1 August 2015 * DFAS letter dated 21 September 2105 * DFAS letter dated 21 October 2015 * DFAS letter dated 25 January 2016 * DFAS letter dated 22 August 2016 * DFAS letter dated 4 October 2016 * Email Communication dated 2 November 2016 * DFAS Report dated 27 January 2019 * Transworld Systems Inc letter dated 28 January 2019 * DFAS letter dated 5 November 2019 * Summary Record and Hearing Decision (DFAS) * DD Form 1172-2 (Application for Identification Card/DEERS Enrollment) * DEERS Family Coverage screenshot * Payment Schedule * Pay.Gov documents * H&R Block Advantage document FACTS: 1. The applicant states: a. He was discharged from the Army on 1 August 2015 at the rank of Staff Sergeant (SSG) / E-6 after completing a 6-year enlistment consisting of 3 deployments in support of Operation Iraqi/Enduring Freedom. In September 2015, he received a communication from DFAS indicating that he had accumulated a $17,094.28 debt to be paid in full or through $482.20 monthly installments with a 1% interest rate. He contests that this letter did not offer an explanation of how this amount was calculated. Further, DFAS advised that he must initiate payment within 30 days to avoid delinquency resulting in the credit bureau being notified and his tax return withheld. Since he knew that this was in error, he attempted to contact DFAS but was unsuccessful on multiple occasions. Once he was able to speak with a representative, he requested an itemized statement of charges. He received the requested statement in April 2016, however it failed to properly identify the source of the incurred debt. b. On 26 September 2016 he initiated a formal debt dispute as instructed by DFAS. On 19 November 2016 he spoke with a representative at DFAS and explained to him how the $482.20 debt repayment amount was resulting in a financial hardship. In response the representative informed his that the payment requirement would continue regardless to the debts validity. He was further advised that the investigation into the validity of the debt could take up to 120 days and if determined to be in error, the payments would be refunded, minus accumulated interest. Reluctantly he made the payment utilizing his credit card. At the time of payment, he was attending college as a full-time student with no income. DFAS has refused to accept responsibility for the continued error. He was advised to contact his former finance office as DFAS’s sole responsibility was to collect the debt. c. His former finance office provides that the issue is a separation problem. The financial challenges resulting from this issue has caused a tremendous amount of financial anxiety as he is certain that the calculations are in error. d. With regard to his contention with the bonus recoupment of $3,168.00 he provides that recoupment is not required for the unearned portion of the bonus received. According to the staff at the transition point when he was released from the military, his previously received bonus would not be recouped because his reason for separation was at the convenience of the government. He further provides that due to his early separation the government saved $12,015.04 worth of direct compensation based upon his entitlements. e. With regard to his contention with the $12,983.14 worth of Basic Allowance for Housing (BAH) debt, he provides that he was entitled to the rate received since 1 September 2011 as evidenced by his DEERS eligibility statement. DFAS contends that his associated debt pertains to overpayment from 26 June 2012 through 1 August 2015. f. With regard to his contention with the alleged overpayment of $1,245.13 related to excessive leave balance he provides that when he took his transition leave at the time of separation he had accrued 57.5 days. However, DFAS records indicate that he had a negative leave balance (excess leave) of 6.5 days resulting in the debt. 2. On 30 March 2009 he enlisted in the United States Army Reserve (USAR) for 8 years (6 x 2 contract) under the Delayed Entry Program (DEP). 3. On 29 April 2009 he enlisted in the Regular Army for 6 years. At the time of enlistment, he was entitled to a $12,000 bonus as an incentive under the Enlistment Incentive Program for contracting as an 11X (Infantry Recruit). 4. On 9 January 2012 he extended his previous enlistment obligation for 12 months as a service requirement under the Bonus Extension and Retraining (BEAR) Program as a 35P (Arabic Cryptologic Language Analyst). 5. On 19 July 2012 he completed the Arabic Cryptologic Linguist course. 6. In review of the applicants Enlisted Record Brief, upon completion of his training, he was reassigned from Fort Campbell, KY to Fort Lewis, WA (later referred to as Joint Base Lewis-McChord, WA) on or about 24 August 2012. This change in duty location would have resulted in an adjustment of BAH entitlements being received. 7. On 2 October 2012 he reenlisted for 3 years with entitlement a Selective Reenlistment Bonus (SRB) as a 35P. The executed contract provides acknowledgement that if he failed to complete the full period of service, he would not receive any additional installments of the bonus and he would be required to pay back as much of the bonus as he had already received for the unexpired part of the period of obligated service. Payment of the SRB was provided in a lump sum payment in accordance with MILPER message 12-195 paragraph 4. The SRB entitlement reflected in this document indicates $39,600.00. 8. The applicant provides a DA Form 4789 (Statement of Entitlement to Selective Reenlistment Bonus) dated 2 October 2012 reflective of his entitlement to the SRB. The document further provides acknowledgement that if he failed to complete the full period of service, he would not receive any additional installments of the bonus and he would be required to pay back as much of the bonus as he had already received for the unexpired part of the period of obligated service. The total amount of the bonus is not reflected on this document 9. The applicant provides a Leave and Earnings Statement Online Inquiry System dated 31 October 2012 reflective of his receipt of the SRB for the amount of $29,700.00. 10. On 20 September 2013 while stationed at Joint Base Lewis-McChord, WA, the installation Management Command issued Temporary Change of Station (TCS) Order LS-2630059 deploying him in support of Operation Enduring Freedom to Afghanistan with a proceed date of on or about 9 October 2013 for a period not to exceed 325 days. The published order further provides that BAH would continue at a rate based upon the permanent duty station. In review of his Enlisted Record Brief, he served in Afghanistan from 12 October 2013 through 18 January 2014. 11. The applicant provides a Department of Veterans Affairs Certificate of Eligibility letter dated 31 March 2014 reflective of his entitlement to benefits under the Post 9/11 G.I. Bill. 12. The applicant provides a Columbia University letter reflective of their offer of admission to the Master of International Affairs program for the 2015 Fall semester. In response to this letter and to reserve a seat in the course he was required to provide a deposit of $2000 no later than 1 May 2015. 13. The applicant provides an MFR – Separation under AR 635-200, Chapter 5-16, Early Separation to Further Education dated 25 March 2015 reflective of the Deputy Commander, Headquarters, 1st Special Forces Group approving his request to be separated from active duty prior to the expiration of his current term of service under the provisions of Army Regulation (AR) 635-200, Chapter 5-16 14. The applicant provides an MFR – Separation under AR 635-200, Chapter 5-16, Early Separation to Further Education dated 26 March 2015 reflective of him not being identifies as a victim of previous sexual assault in an unrestricted report filled within the past 24 months. 15. The applicant provides an MFR – Separation under AR 635-200, Chapter 5-16, Early Separation to Further Education dated 26 March 2015 reflective of his self- admission to being accepted into to Master of International Affairs program for full study. He adds that the fall 2015 semester would be his only opportunity to attend the school otherwise he would not be able to attend until fall 2016. 16. The applicant provides an MFR – Assumption of Command by Authority of Paragraph 2-6a(1), AR 600-20 reflective of Lieutenant Colonel (LTC) assuming command of the Headquarters, 1st Special Forces Group effective 28 March 2015. 17. The applicant provides a DA Form 4187 (Personnel Action) dated 31 March 2015 reflective of his request for voluntary separation under the provisions of AR 635-200, Chapter 5-16. The document was approved and endorsed by his company commander. 18. The applicant provides an MFR – Pre-Chapter Separation Education Counseling dated 1 April 2015 reflective of counseling received in relation to his entitlements under the Montgomery G.I. Bill. 19. The applicant provides a DA Form 2648 (Pre-separation Counselling Checklist) dated 1 April 2015 reflective of counseling offered and or provided in preparation for his separation from the Army. 20. The applicant provides Order 105-0006 dated 15 April 2015 issued by the Directorate of Human Resources, Military Personnel Division reassigning him to the transition point effective 1 August 2015. The document further provides that he has a dependent. 21. The applicant provides a Service Member Career Readiness Standards/Individual Transition Plan Checklist dated 20 April 2015 reflective of his achievement of Career Readiness Standards commensurate with his desired employment, education, technical training and or entrepreneurial objectives. 22. The applicant provides a DA Form 31 (Request and Authority for Leave) dated 22 April 2015 reflective of his approved request to take leave from 6 June 2015 through 1 August 2015. The document further provides that he had 57 days of accrue leave being requested. 23. The applicant provides a DA Form 5950 (Authorization to Start, Stop, or Change Basic Allowance for Quarters (BAQ) and/or Variable Housing Allowance dated 7 May 2015 reflective of his recertification of entitlements. Section 8 (Marital Status) indicates that he was single with dependents. Section 10 (Dependents) contains the name of his father as his only dependent. 24. The applicant provides a Finance Records Review dated 6 May 2015 reflective of his acknowledged review of his financial records and testament to the accuracy of the documents and information contained within. The document is endorsed by both he and his Records Manager indicating that there were no errors noted upon review. The document is void of evidence related to his BAH/VHA entitlement. 25. Personnel Records Review dated 6 May 2015 reflective of his acknowledged review of his personnel records and testament to the accuracy of the documents and information contained within. The document is endorsed by both he and his Record Manager indicating that there were no errors noted upon review. 26. The applicant provides a DA Form 137-1 (Unit Clearance Record) dated 8 May 2015 reflective of his out-processing from his assigned unit. The document further provides indication of entitlement to BAH and the presence of a DA Form 31 at the time of processing. 27. The applicant provides Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements covering the period of January – August 2015. Upon review, the documents contain evidence of receipt of entitlement to BAH for the duration and the following information as it pertains to leave: * as of 31 January 2015 he had accrued 50 days of leave * as of 28 February 2015 he had accrued 52.5 days of leave * as of 31 March 2015 he had accrued 47 days of leave; previously used 8 days (20 – 27 January 2015) * as of 30 April 2015 he had accrued 49.5 days of leave * as of 31 May 2015 he had accrued 52 days of leave * as of 30 June 2015 he had accrued 22.5 days of leave; adjustment of accrued leave is based upon chargeable leave taken from 5 – 11 April 2015 and 6 June 2015) * as of 31 July 2015 the applicant had an excess leave balance of 1.5 days * as of 31 August 2015 he had accrued 0 days of leave; adjustment of chargeable leave from 6 June 2015 – 21 July 2015, advance leave from 22 – 26 July 2015, excess leave from 27 July 2015 – 1 August 2015 and accrued indebtedness from 1 – 31 August 2015 28. The applicant provides a DA Form 137-2 (Installation Clearance Record) dated 5 June 2015 reflective of his completion of the installation out-processing requirements with a projected departure date of 5 June 2015. 29. The applicant provides a Chapter 5-16 (School Drop) Packet reflective of the document requirements associated with his type of separation. 30. The applicant provides a DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 1 August 2015 reflective of his honorable discharge from active duty under the provisions of AR 635-200, paragraph 5-16 and subsequent transfer into the Individual Ready Reserve (IRR). The document further provides evidence of previous SRB paid in the amount of $39,600.00 on 2 October 2012. 31. The applicant provides a DFAS letter dated 21 September 2015 reflective of a debt being referred to the Collection Management Office for collection. The supporting documents provide evidence of an accumulated excess leave debt of $1,245.13. During the period of 1 October 2014 through 1 August 2015 their records reflect that he utilized approximately 75 days of leave, however he had only accumulated 68.5 days resulting in a deficit of 7.5 days of excess or leave executed but not earned. The documents further provide that he received a SRB for $39,600.00. Based upon the required service obligation of 36 months, with credit for 11 months previously served under his initial contract leaving a remaining obligation of 25 months (760 days) he had completed 700 days leaving a remaining balance of approximately 60 days (2 months) of obligated service that he had not served. This resulted in a calculated unearned SRB entitlement balance of $3,168.00 requiring recoupment. 32. The applicant provides a DFAS letter dated 21 October 2015 reflective of a debt balance in the amount of $17,094.28 with a required payment in the amount of $482.00. the document further provides that the indebtedness is associated with overpayment of BAH from 26 June 2012 through 1 August 2015, recoupment of a portion of his previously received SRB and a debt associated with unearned leave executed. 33. The applicant provides a DFAS letter dated 25 January 2016 reflective of a remaining debt balance of $16,568.95 with a current payment of $914.40 being due. 34. The applicant provides an email communication received from DOHA Claims division wherein they provided that they lacked authority over the collection process. However, as the appellate authority they are able to consider waiver of debts of erroneous payments of pay and allowances/travel and transportation. 35. The applicant provides a DFAS letter dated 22 August 2016 reflective of their response to his congressional representative wherein they provided that the debt being contested was valid. They further provided that the application of interest in the amount of $140.80 was added to his initial debt, minus payments made totaling $783.20 resulting in a remaining balance due of $16,451.88. Lastly they provided a detailed account of the supporting background related to the source of the debt as previously mentioned. Repayment of the debt was established on 23 October 2015 wherein the applicant was required to pay $482.20 per month. 36. The applicant DFAS letter dated 4 October 2016 reflective of a remaining debt balance of $16,479.27. 37. The applicant provides email communication dated 2 November 2016 reflective of his inquiry with DFAS concerning the status of his case. The communication further provides that on 29 July 2016 he provided supporting documentation in dispute of the associated with BAH overpayment. 38. On 4 April 2017 the United States Army Human Resources Command issued Order D-04-709132 discharging him from the USAR. 39. The applicant provides a DFAS Report dated 27 January 2019 reflective of the source of his debt (BAH, Bonus overpayment and Unearned Leave). 40. The applicant provides a Transworld Systems Inc letter dated 28 January 2019 reflective of a principal debt balance of $16,425.38, other fees totaling $5,274.22 resulting in a balance due amount of $21,756.15. 41. The applicant provides a DFAS letter dated 5 November 2019 reflective of their response to his request for an administrative hearing. The details of this hearing are contained within the Summary Record and Hearing Decision. 42. The applicant provides a Summary Record and Hearing Decision (DFAS) reflective of their review of the documents provided in dispute of the debts validity. The review determined that with regards to his BAH debt, his records reflect that he received an overpayment of BAH from 26 June 2012 through 1 August 2015 totaling $26,744.26. The Department of Military Pay Office (DMPO) determined that he was entitled to BAH in the amount of $13,761.12 from 1 January 2015 through 1 August 2015 leaving a remaining balance of $12,983.14 outstanding when he was discharged. Regarding his Bonus Debt recoupment, their reviewed determined that he failed to complete the associated service obligation by 60 days. Therefore, recoupment of the unearned portion ($3,168.00) is proper. Finally, review of his leave entitlements revealed that at the end of fiscal year (FY) 14 he had accrued 43 days of leave. Since then he accrued an additional 25.5 days resulting in a total of 68.5 days accrued. Since 1 October 2014, he used 75 days of leave resulting a remaining balance deficit of 7.5 days. There was no entitlement to pay and allowances during a period of excess leave and therefore resulted in the collection of an accrued debt in the amount of $1,245.14. As such, they determined that the debt remained correct and valid. 43. The applicant provides DD Form 1172-2 (Application for Identification Card/DEERS Enrollment) reflective of his submitted enrollment information in 2011, 2012, 2013, and 2015. The documents reflect the name of a male (parent/father) born on 1 January 1959 with an effective eligibility date of 18 October 2011. Upon further review, the 2011 document provides that the applicant resided in Clarksville, TN. In 2012 he resided in Goodfellow, TX while his dependent remained in Clarksville, TN. The 2013 and 2015 documents reflect joint residence in Tacoma, WA. 44. The applicant provides a DEERS Family Coverage screenshot reflective of his father as a dependent authorized to receive medical healthcare. 45. The applicant provides a Payment Schedule established on 21 October 2015 for the amount of $482.50. Subsequent payments were made in the amount of $50 from November 2015 through May 2016. On 15 April 2019 his 2018 tax refund of $3124.00 was applied to his service debt. 46. The applicant provides Pay.Gov documents reflective of his payment history as reflected on his previously submitted Payment Schedule. 47. The applicant provides a H&R Block Advantage document reflective of a Federal tax refund of $1,591 and State tax refund of $1,533 (total $3124.00). 48. On 4 March 2021 the Deputy Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1 provided an advisory opinion wherein he recommended that the applicant’s request for debt relief be denied. The established debt of $19,678.52 is valid as noted in the administrative hearing completed by DFAS. The overpayment of BAH was verified and validated for the period of 26 June 2012 through 1 August 2015. The overpayment of pay and allowances was the result of miscalculation of terminal leave days at the time of separation. Upon change of the applicant’s expiration of active service the total amount of leave days reduced. The recoupment of the applicant’s pro-rated bonus amount was the result of the applicant accepting the early release and not completing the required remaining service. The applicant did not provide any evidence that suggests that the Army did not make an error in the administration of these entitlements. 49. On 10 March 2021 the applicant was provided with a copy of the advisory opinion and afforded 10 days to respond. As of 21 March 2021 the applicant had not responded. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, advisory opinion and regulatory guidance. The Board considered the applicant’s statement and his record of service and documents provided by the applicant. The Board concurred with the G-1 advisory opinion finding the debt of $19,678.52 is valid as noted in the administrative hearing completed by DFAS. The Board concluded the overpayment of BAH was verified and validated for the period of 26 June 2012 through 1 August 2015. The overpayment of pay and allowances was the result of miscalculation of terminal leave days at the time of separation. Based on a preponderance of evidence, tireless efforts of the applicant seeking to resolve the debit, and family hardship the Board determined contractual and regulatory guidance were not met. Therefore, relief was denied. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX 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 this is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. REFERENCES: Basic Allowance for Housing (BAH) 1. Joint Federal Travel Regulation (JFTR) provides in Chapter 10 (Housing Allowances) provides that a Service member on active duty entitled to basic pay is authorized a housing allowance based on his or her grade, rank, location, and whether he or she has any dependents. A Service member on active duty entitled to basic pay is authorized a housing allowance based on his or her grade, rank, location, and whether he or she has any dependents. A housing allowance generally is not authorized for a Service member who is assigned to appropriate and adequate Government quarters. If a Service member is on excess leave, neither the basic allowance for housing (BAH) nor the overseas housing allowance (OHA) accrues for any excess-leave period. A parent’s dependency is determined based on an affidavit submitted by the parent and any other evidence required under applicable regulations. A legal guardian may complete the form for a mentally incompetent parent. A service member is authorized a housing allowance on behalf of a parent who depends on the Service member for more than one-half of the parent’s support. The parent’s income, not counting the Service member’s contribution, must be less than one-half of the parent’s monthly living expenses and the Service member’s contribution must be more than one-half of the parent’s monthly living expenses. The BAH start date for a service member with a dependent begins on the date dependency is determined or approved by the appropriate authority. If there is a question on whether the parent is or is not a dependent, then the service member submits a request through the chain of command to the Army Disbursing Officer or designee authority for a dependency determination. When necessary, a request may be submitted through the appropriate chain of command to the Defense Office of Hearings and Appeals (DOHA) for a decision a. Upon arrival at a new duty station, each service member authorized a housing allowance for a dependent must recertify the status of the dependent to the Secretary concerned to support a housing allowance on the dependent’s behalf. If a Service member fails to provide the certification, the housing allowance on the dependent’s behalf stops at the end of the month in which the certification is due. A housing allowance at the appropriate partial or without-dependent rate is paid unless the Service member is not authorized that allowance for some other reason. A housing allowance at the with-dependent rate is authorized effective the date the Service member provides proper certification. The higher rate is not retroactive unless the Service member’s commander certifies that the failure to recertify promptly was for reasons beyond the Service member’s control. b. Annual re-determination of dependency is required for a Service member who claims a housing allowance for a parent, parent in-law, stepparent, parent by adoption, or a person who serves in loco parentis. 2. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. Selective Reenlistment Bonus (SRB) 1. Department of Defense Financial Management Regulation, Chapter 2 (Repayment of Unearned Portion of Bonuses and Other Entitlements) provides that a member, who enters into a written agreement with specified service conditions for receipt of a bonus, special or incentive pay, educational benefits, stipend, or similar payment (hereinafter referred to as “pay or benefit”) is entitled to the full amount of the pay or benefit if the member fulfills the required conditions. Failure to fulfill the conditions specified in the written agreement may result in termination of the agreement and the member may be required to repay the unearned portion of the pay or benefit. Such repayment will be pursued unless the member’s failure to fulfill the specified conditions is due to circumstances determined reasonably beyond the member’s control. a. The Secretary of the Military Department concerned may designate a unit, grade, or impose such other condition or conditions of service with respect to the SRB, as determined necessary to mitigate a significant current or projected personnel shortage or changing force structure requirements. b. A member, who does not complete the term of reenlistment, or extension of reenlistment, or who is not technically qualified in the skill for which the bonus was paid, will be subject to the repayment provisions. A member, who is discharged 12 months or less before the expiration of reenlistment or extension of reenlistment, may be considered to have completed the terms of reenlistment or extension of enlistment for which the bonus was paid. The Military Departments will determine and advise when repayment is required, since this 12-month rule is not applicable to all early discharges. 2. MILPER Message 12-195 (Selective Reenlistment Bonus – Tiered Program) provides that Soldiers possessing a primary military occupational specialty (MOS) of 35P with associated skill qualification identifier are eligible for a Selective Reenlistment Bonus (SRB) to be paid in a lump sum. 3. Army Regulation 601-280 (Army Retention Program) provides that the MOS designated for the SRB Program will be announced by message from the Human Resources Command (HRC) Retention and Reclassification Branch. The SRB Program is a retention incentive paid to Soldiers who reenlist for a minimum of 3 years in a military skill designated as critical. Upon reenlistment with an SRB, the Soldier must sign a written agreement. It states the Soldier has been counseled and understands the conditions under which continued entitlement to the SRB may be stopped and a pro rata portion of the advance bonus payment(s) may be recouped. This agreement will also clearly specify the terms of the active service commitment entitling the Soldier to a bonus. a. Soldiers who voluntarily or involuntarily fail to complete additional obligated service for which an SRB was paid will refund a percent of the bonus equal to the percent of unperformed obligated service. The servicing FAO will recoup the portion of the bonus before the Soldier’s discharge. b. Recoupment of an unearned bonus is not required when the Soldier is separated to permit acceptance of a commission or warrant appointment, or to enter a program leading to a commission or warrant appointment. 4. Army Regulation 635-200 (Enlisted Separations) provides in Chapter 5-16 (Early Separation to Further Education) that Soldiers may be discharged or released from active duty for the convenience of the Government, up to 90 days before ETS, in order to attend a specific term at college, university, vocational school, or technical school. Accrued leave will be used to the maximum extent possible, as transition leave, in conjunction with early separation under this paragraph. Paragraph 1-20 (Actions by Commanders Having Separation Authority) provides that recoupment of the unearned portion of an enlistment or reenlistment bonus is required by law (37 USC 308) when a Soldier is separated voluntarily or because of misconduct. Leave and Pass 1. Army Regulation (AR) 600-8-10 (Leave and Passes) provides the policies and mandated operating tasks for the leave and pass function of the Military Personnel System. It provides a single-source operating document to the field, and as such, is binding on all communities involved in granting leaves and passes. Soldiers on active duty earn 30 days of leave a year with pay and allowances at the rate of 2.5 days a month. Payment of accrued leave is made per section 501b, Title 37, United States Code (37 USC 501b) for leave earned by a Soldier of a Reserve Component, retired Reserve, or retired member of the Regular Army while serving on active duty in support of a contingency operation. a. Advance leave is chargeable leave granted in anticipation of the accrual of leave during the remaining period of active duty. To avoid excessive minus leave balances, advance leave will be limited to the minimum amount of leave needed. The amount of leave that will be earned during the remaining period of the current tour of active duty. The current tour of active duty includes current enlistment, excluding extensions that have not become effective for enlisted Soldier. b. Excess leave is leave in excess of accrued or advanced leave. The Soldier is not entitled to pay and allowances for a period of such leave. Generally, a minus leave balance at the time of release from active duty, discharge, first extension of an enlistment, desertion or death, is excess leave. 2. Department of Defense Financial Management Regulation provides that Excess Leave. Advance leave becomes excess leave and requires collection of pay and allowances under the following conditions. Advance leave balance exceeds that which will accrue in the new enlistment or term of service (for example, enlistment or extension(s)), including when an agreement to extend is cancelled by the Military Service. If an agreement to extend is cancelled by the member for the purpose of immediate reenlistment or there is a relief from active duty, collect the advance. Members on excess leave are not entitled to pay and allowances. When the complete period of leave is granted as excess leave, pay and allowance accrual will be stopped beginning with the first day of leave. When a portion of the leave is granted as advance leave and a portion granted as excess leave, pay and allowance accrual will be stopped beginning with the first day of excess leave. 3. 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 when the debt is incurred while not on active duty or in an active status. 4. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200008131 12 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1