As a general rule, repayment will not be sought if the member's
inability to fulfill the eligibility requirements is due to
circumstances determined reasonably beyond the member's control:
- Repayment shall not be sought and any remaining unpaid portion of a
pay or benefit due to a member under a written agreement that existed
at the time of the member's death, which was not the result of the
member's misconduct, is payable as a lump sum in the settlement of the
decedent's final military pay account.
- Repayment shall not be sought and any remaining unpaid portion
of a pay or benefit due to a member under a written agreement shall be
paid at the time of separation or retirement for a disability described
under Chapter 61 of title 10, U.S.C., that was incurred in the line of
duty in a combat zone designated by the President or the Secretary of
Defense or in a combat-related operation designated by the Secretary of
Defense, and/or for a combat-related disability, as defined under
section 1413a(e) of title 10, U.S.C.. Repayment will be sought and any
unpaid balances may not be paid to members who incur a disability as a
result of their misconduct. (See 10 U.S.C. §1207.) In all other
instances involving a member's separation for medical reasons not
falling under Chapter 61 or section 1413a(e), which were not the result
of the member's misconduct, the Secretary concerned has the discretion
to determine whether to require repayment of the unearned portion of the
pay or benefit, or to pay an unpaid balance of a pay or benefit.
- Subject to the enlistment authorities under titles 10 and 37,
U.S.C., and the relevant regulations of the Secretary concerned, a
member paid a bonus or special pay for a period of enlistment in a
Military Department, who is discharged for immediate reenlistment or
appointment in a Military Department for which no bonus or special pay
is paid, may be considered to have completed the full term of service
specified in the former enlistment contract, provided the term of the
latter reenlistment or appointment includes the remaining period of
service from the former enlistment. The member's enlisted bonus or
special pay entitlements shall be addressed prior to discharge from a
Military Department.
- Repayment will not be sought and the Secretary concerned will
not pay any remaining unpaid portion of a pay or benefit under the
following circumstances, unless otherwise authorized by the Secretary
concerned under paragraph (5) below:
- The member's employment in another military specialty or assignment rotation is directed;
- The member's military specialty or assignment is phased out or eliminated;
- The member's military specialty or assignment is otherwise
affected by a force structure or other mission essential requirement;
or,
- The member's hardship separation or sole survivor discharge from service.
- Under all other circumstances, the Secretary concerned has the
discretion to, at some point in the process, render a case-by-case
determination that the member's repayment of, or the Military
Department's full payment of an unpaid portion of, a pay or benefit is
appropriate based on the following:
- Contrary to a personnel policy or management objective;
- Against equity and good conscience; or
- Contrary to the best interest of the United States.
The Secretary concerned may, through regulation, delegate the
authority to make repayment determinations consistent with the criteria
set forth above, but not below the O-6 or equivalent level. If
delegated, the Military Departments shall specify the level and scope of
the authorized delegation in implementing regulations.