MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:         17 December 1998     
	DOCKET NUMBER:   AC98-05877
				   AR1998002352

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Gale Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Karen L. Wolff		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Kenneth L. Wright		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that his records be corrected by reducing or removing a debt he owes the Government, as repayment of an unearned enlistment bonus.  

APPLICANT STATES:  That he shouldn’t have to repay any part of the bonus because he was never told that he was expected to repay any amount back; that the amount the Government is seeking is wrong; and that he wants the amount he owes taken out of his GI Bill benefits.

EVIDENCE OF RECORD:  The applicant's military records show:

On 16 May 1989, he enlisted in the Regular Army for a period of 4 years, under the enlistment option 9-17, with a cash enlistment bonus of $8,000.00.

On 13 December 1991, the applicant submitted a DA Form 4187, requesting a change in his expiration term of service (ETS) from 15 May 1993 to 1 June 1992. 
In his request he acknowledged that there would be recoupment of any unearned portions of an enlistment/selective reenlistment bonus as well as monies related to a negative leave balance.

The applicant’s request for an early separation was a approved, and on 1 June 1992, he was released from active duty, under the provisions of Army Regulation 635-200, chapter 4, for the Convenience of the Government /FY 92 Early Transition Program.  His Report of Separation indicates he had 3 years and     16 days of creditable service.

On 18 August 1998, the Defense Finance and Accounting Service (DFAS), Denver Center, Claims Branch, provided an opinion (COPY ATTACHED), that recommended that the applicant’s request be denied.  Their recommendation states that the applicant owes $1,814.99 plus $254.16 for interest and penalties, making his debt balance due $2,069.15.  He had a tax benefit afforded him by virtue of the payment of $8,000.00, therefore the collection must be based on the gross amount he was paid versus the net amount.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. 

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The applicant authenticated with his initials and signature, Annex C, DA Form 3286 (Statement for Enlistment, US Army Enlistment Options), an attachment to the his enlistment contract, verifying that he understood that if he did not complete the term of service for which the bonus was paid because of voluntary actions on his part, that he would have to repay the unearned portion of his enlistment bonus.  

4.  On 16 May 1989 and 13 December 1991, the applicant signed two documents, Annex C to his enlistment contract and the DA Form 4187 requesting an early separation, in which he acknowledged that an early separation would result in his having to repay the unearned portion of his enlistment bonus.

5.  The applicant voluntarily requested an early separation which resulted in an unserved period of 11 months and 15 days, and thereby causing his debt of $2,069.15.  There are no provisions for satisfying this debt through the soldiers GI Bill benefits.

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___klw__  __mhm____  ___klw__  DENY APPLICATION

						Loren G. Harrell
						Director