MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  25 July 2000
	DOCKET NUMBER:  AR1999026990

	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. Carl W. S. Chun		Director	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Stanley Kelley		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:  That she should be eligible for a $5,000 Army Nurse bonus.

APPLICANT STATES:  That she requested the accession bonus when she submitted her application for a commission but no response was received.  Other nurses in her Officer Basic Course (OBC) received the bonus.  She also states that her records show source of appointment as ROTC, which is not correct.  She received a direct appointment.

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

On 25 September 1991, she signed the oath of office for direct appointment in the US Army Reserve (USAR) in the rank of first lieutenant.  On 15 October 1991 she was assigned to a USAR unit as an Army Nurse.

On 18 December 1991 she applied for appointment in the rank of captain, Army Nurse, with concurrent call to active duty for 3 years.  Her application shows that she was currently serving as an Army Nurse in the USAR.  Her application was approved and she was ordered to active duty in the grade of captain, Army Nurse, effective 8 March 1992.

In the processing of this case an advisory opinion was obtained from the Total Army Personnel Command (PERSCOM).  In the opinion the PERSCOM notes that they have corrected her records to show her source of appointment as direct appointment.  The PERSCOM also notes that she is ineligible for an accession bonus because she previously held an Army Nurse appointment and only volunteered for 3 years active duty.  The applicant was provided a copy of the opinion for rebuttal but failed to respond by the established suspense date.

Department of Defense (DOD) regulation 7000.14-R, chapter 21, states that bonus eligibility is precluded if the individual already holds an appointment as an Army Nurse or enters an active duty commitment for less than 4 years.

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, it is concluded:

1.  The applicant accepted a direct appointment as an Army Nurse in the USAR on 25 September 1991.  She entered active duty for 3 years as an Army Nurse on 8 March 1992.

2.  The regulation clearly shows that bonus eligibility is precluded if entry on active duty is for less than 4 years and if the person currently holds an appointment as an Army Nurse.

3.  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.  The applicant has failed to submit evidence that would satisfy this requirement.

4.  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

___tk___  ___jk____  __sk____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999026990	
SUFFIX		
RECON		
DATE BOARDED	20000725	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	128.14	
2.		
3.		
4.		
5.		
6.