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rcampione, Military Lawyer
Category: Military Law
Satisfied Customers: 354
Experience:  Military lawyer - 5 years to the present
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I was discharged and DFAS is trying to recoup a bonus paid

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I was discharged and DFAS is trying to recoup a bonus paid to me. In thier calculation on what I owe, they are using unserved time on a previous enlistment in their formula. It was my understanding when I re-enlisted for my third enlistment that my second enlistment was considered fullfilled. My question is, can DFAS use my time unserved from my second enlistment when I was discharged properly from my second enlistment prior to re-enlisting for my third enlistment.
DFAS can recoup that portion of your second enlistment which was cut short by your third re-enlistment. Ask DFAS to cite to you the provision of the specific service pay manual or the Joint Pay Manual. You can find that section on the web. However, without seeing any calculations, my bet is you re-enlisted for your third hitch prior to the expiration of the second contract. Thus they are recouping the time from the second contract. They can also recoup any unserved time for your third enlistment.
Customer: replied 7 years ago.
I don't understand. I was properly discharged from my second enlistment, prior to me 3rd enlistment.How can DFAS hold me to two contracts?
You are correct, I did re-enlist a 3rd time with time left on my 2nd contract. I understand the calculation in which my SRB was calculated. I know that they weren't going to pay me bonus for my unserved time on my 2nd enlistment. What I don't understand is how I am being held to the time unserved from my second contract and it's use in the calculation to re-coup after I was discharged from it and re-enlisted on my third contract. The first part of the re-enlistment contract states when your new contract date ends unless sooner discharged by the proper authority. So when I was discharge early prior to my third enlistment, my 2nd contract should be considered fullfilled.Right?

Based upon what you have said, your early discharge is the reason for the recoupment. Just because you honorably served your second enlistment doesn't mean that your second contract was fulfilled. Its all about numbers and calculations for DFAS and pay matters. Each service may have specific regulations but DFAS will refer to the DoDFMR Volume 7A.

You should contact DFAS directly and speak to someone so they can explain their action.

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