Author Topic: US Treasurary/Debt Collection on Reenlistment bonus DOD  (Read 7875 times)

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ryan502

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US Treasurary/Debt Collection on Reenlistment bonus DOD
« on: March 22, 2012 06:52:04 PM »
I will attempt this to be as painless as possible. I was discharged in Aug of 2009 after a little over five years of active Army (Infantry) service.
I was given a general under honorable discharged due to minor infractions. While on active service i had to be hospitalized for a couple of times due to mental issues. Since my discharge I have proved that besides depression and anxiety I also have PTSD. I am 100 percent disabled and am honorably discharged through the veterans affairs. Although I do agree i did not complete the reenlistment contract. I believe that the reasons of my discharge along with the contract not being completed was a direct result of my mental health caused by my active service. I have a mountain of medical paper work from while on active service and VA records to back up my claim. Do I have a chance in of fighting or am i living in la la land?

Dylan150

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #1 on: March 22, 2012 07:11:03 PM »
Ryan, ask the Army  accounting office for a waiver on this.  You have nothing to lose by doing so. I was over paid by the Veterans Admin. and got it reduced by 50%. Good luck to you.   

Admin3496

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #2 on: March 22, 2012 07:35:55 PM »
It is requested that when posting at DB the proper formatting be used.

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silverzgirl

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #3 on: March 22, 2012 09:03:07 PM »
I would venture based on DOD standards you may be stuck:

090503. Reasons for Recoupment. For purpose of recoupment recouping of 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 for the reasons listed below:

A. Transfer to Fleet Reserve, Fleet Marine Corps Reserve, or the Army or Air Force Reserve (and placement on the retired list of the regular Army or Air Force) with release to inactive duty before expiration of the number of years of service for which a bonus was paid. Retirement for disability is excluded.
B. Marriage of female member.
C. Resignation/separation by reason of acceptance of member’s resignation (includes resignation for the good of the Military Service in lieu of trial by court-martial).
D. As a result of a writ of habeas corpus.
E. Voluntary separation, or transfer to a Reserve Component, if required by law, following reduction to a lower permanent grade from a higher temporary grade in which the member was erroneously reenlisted.
F. Disability not in the line of duty.
G. Approved sentence of court-martial or conviction by a civil court.
H. Misconduct.
I. Defective enlistment (includes erroneous and fraudulent enlistments).
J. Entry level performance and conduct.
K. Unsatisfactory performance.
L. Drug and alcohol rehabilitation failure.

Recoupment is required for administrative discharges. Recoupment is not required when member is medically discharged with a physical disability.

EXCEPTIONS: Hardship and dependency separations are considered involuntary for the purposes of this paragraph and do not require recoupment of unearned portions of a bonus.

090504. Additional Reasons for Recoupment. Except for members not qualified because of injury, illness, or other impairment not the result of their own misconduct, entitlement to the full amount of an enlistment or selective reenlistment bonus awarded after June 30, 1977, will be contingent upon a member maintaining the technical qualification required for effective performance in the military specialty for which the bonus was awarded.


As someone who was admin discharged, you are on the hook per the guidelines. However, as suggested, it never hurts to ask. They may work with you or make payments easier, or waive some.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

cbeyer1159

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #4 on: March 25, 2012 05:43:27 PM »
I am facing a similar problem. I was Involuntarily separated out due to parenthood in Nov 2009. I received an Honorable discharge. I served +/-2 of my four years of my reenlistment. And they have been taking back money ever since my last pay check. Who do I talk to to get this stopped? Is there a chance of getting this money back?

silverzgirl

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #5 on: March 25, 2012 10:00:52 PM »
I am facing a similar problem. I was Involuntarily separated out due to parenthood in Nov 2009. I received an Honorable discharge. I served +/-2 of my four years of my reenlistment. And they have been taking back money ever since my last pay check. Who do I talk to to get this stopped? Is there a chance of getting this money back?

I would say not likely. Parenthood is really not a legitimate reason for getting out early, and I don't mean to sound harsh about this. You did not finish your contract. Discharge means nothing here...you did not do your time so they want their bonus back. The discharge just means you are eligible for all that is offered such as GI Bill and VA loans.

The OP is in a similar bind. OP did not get out on a medical discharge, it was an admin one. These require payback. The medical issues after the fact may help but on its face, payback is correct.
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

cbeyer1159

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #6 on: March 26, 2012 05:53:52 PM »
Family care plan chapter is classified as an involuntary separation.

silverzgirl

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #7 on: March 26, 2012 06:09:39 PM »
Family care plan chapter is classified as an involuntary separation.

It is an admin discharge. An admin early sep required payback. I know people who got involuntarily separated for weighing too much, and had to pay back bonuses. I don't think they look upon not having a family care plan in place any differently. At least, they didn't when I was in.

Medical discharges are an entirely different animal and they are generally hard to come by.

It doesn't mean they won't work with you, but generally you will have to pay it back.

http://comptroller.defense.gov/fmr/07a/07a_02.pdf
« Last Edit: March 26, 2012 06:14:10 PM by silverzgirl »
“Know your enemy and know yourself and you can fight a hundred battles without disaster.”  - Sun-Tzu

I am not a lawyer, nor do I play one on TV. I once thought I was a lawyer when I was litigating in a courtroom, but turns out I just had Patron induced bed spins and dreamed it all. Take my posts with a grain of salt...and a shot of Patron. But not so much you think you are a lawyer.

djr20121

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Re: US Treasurary/Debt Collection on Reenlistment bonus DOD
« Reply #8 on: August 22, 2017 09:34:03 PM »
Can this also prove true for AAFES debt?

Are there limitations/ reasons to fight against recoupment?

 

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