Does a soldier have to pay back a bonus for a 5-17?

CPL Private RallyPoint Member — Wed, 08 Jul 2020 12:41:18 -0400

Does a soldier who is being chaptered under 5-17(preexisting medical) have to pay back the enlistment bonus, he has completed 2/3 of his contract. 1)He wasn't aware of the problem untill the army.2.) He has 8 months left before his ETS date. 3.) Finance wouldn't tell him anything until he has his DD214.( It will be a honorable and a number 4 on the DD214)

Response by MSG Private RallyPoint Member made Jul 8 at 2020 12:53 PM

MSG Private RallyPoint Member — Wed, 08 Jul 2020 12:53:20 -0400

According to #2....the SM may have t pay it back. I know you said that Finance isn't going to give an answer until a 214 is provided...however, I recommend the SM speak with a Retention NCO to see if they can provide an answer.

https://militarypay.defense.gov/Pay/Recoupment/Rules.aspx

Recoupment General Rules

Military Pay and Benefits Website sponsored by the Office of the Under Secretary of Defense for Personnel and Readiness

Response by LTC Private RallyPoint Member made Jul 8 at 2020 1:40 PM

LTC Private RallyPoint Member — Wed, 08 Jul 2020 13:40:53 -0400

I'm curious how someone could serve 2/3rds of their contract before the Army discovered a pre-existing medical? I have no idea what the regs say about it but , just personal opinion, If someone enlists in good faith and the Army misses some pre-existing condition during in-processing, then that's on the Army. The fact that this soldier isn't getting chaptered for fraudulent enlistment indicates they didn't know about the condition when they enlisted. Also curious how it was determined to be pre-existing, congenital defect that was never diagnosed?

Response by SFC Private RallyPoint Member made Jul 8 at 2020 2:29 PM

SFC Private RallyPoint Member — Wed, 08 Jul 2020 14:29:24 -0400

It’s a finance question because it will depend upon the SPD code as to whether the bonus will be recouped. Finance has a big spreadsheet they go off of

Response by CSM Darieus ZaGara made Jul 8 at 2020 2:35 PM

CSM Darieus ZaGara — Wed, 08 Jul 2020 14:35:54 -0400

If anywhere it states that he knew of and failed to report, his status could change, and he may owe it back. If somehow they believe it to be preexisting and he did not know, the amount of time served would possibly allow him to retain the bonus. Speak to retention.

Response by CPL Private RallyPoint Member made Jul 8 at 2020 4:47 PM

CPL Private RallyPoint Member — Wed, 08 Jul 2020 16:47:33 -0400

Correction the medical staff that diagnosed the medical issue are tell him its preexisting medical.