MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            15 June 2000
	DOCKET NUMBER:   AR2000037092

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Orville W. Troesch, Jr.		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Ms. Margaret V. Thompson		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:  The repayment of $3,391.41 of his Selective Reenlistment Bonus (SRB) that was recouped from him at the time of his separation.

APPLICANT STATES:  That his bonus was recouped from him even though the Army broke its contract and released him involuntarily.  He further states that it was not his wish or his desire to leave the service under such conditions; however, he was told that there are exceptions/provisions that allow him to keep his bonus from being recouped and that he would like to have the funds returned to him under those provisions.

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

He enlisted on 20 March 1992 for a period of 2 years and 16 weeks and training as an infantryman.  He remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-6 on 1 June 1997.

On 11 June 1997, while stationed in Hawaii, he reenlisted for a period of 6 years and a SRB.  He elected to receive one-half of his SRB up front.  He remained in Hawaii until 20 January 1998 when he was transferred to Florida for duty as a recruiter.

The facts and circumstances surrounding the applicant’s separation from the service are not present in the available records.  However, the records do contain a duly constituted report of separation (DD Form 214) signed by the applicant.  It shows that he was honorably discharged on 3 December 1999 under the provisions of Army Regulation 635-200, paragraph 5-8, for parenthood.  He had served 7 years, 8 months, and 14 days of total active service and was paid $8,187.54 in involuntary separation pay.  The separation pay worksheet provided by the applicant shows that $3,391.41 was recouped as unearned SRB funds.

Army Regulation 635-200 serves as the authority for enlisted separations for the convenience of the government.  Paragraph 5-8 of that regulation states, in pertinent part, that soldiers will be considered for involuntary separation when parental obligations interfere with fulfillment of military responsibilities.  Specific reasons for separation for parenthood include inability to perform prescribed duties satisfactorily, repeated absenteeism, late for work, inability to participate in field training exercises or perform special duties such as charge of quarters or staff duty NCO, and non-availability for worldwide assignments or deployments in accordance with the needs of the Army.

The Department of Defense Military Pay and Allowances Entitlements Manual (also known as the DOD Pay Manual) provides the policies, criteria and circumstances for recoupment of reenlistment bonuses.  It states, in pertinent part, that the unearned portion of a reenlistment bonus will be recouped from members who are involuntarily separated from the service because of parenthood.  Exceptions are made for hardship and dependency separations, in that, although they are involuntary, the unearned portions of the bonus is not recouped from those soldiers.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Although there are exceptions to the applicable guidelines that allow soldiers involuntarily separated from the service to keep the unearned portion of their bonus, they only apply to persons separated for hardship or dependency (chapter 6, Army Regulation 635-200).  The applicant was separated under the provisions of chapter 5, Army Regulation 635-200 for parenthood which require recoupment of the unearned portions of a bonus.

3.  The applicant has failed to show through the evidence submitted with his application or the evidence of record that his bonus was improperly recouped or that he was improperly separated from the service.  Accordingly, there appears to be no basis for allowing him to be repaid the bonus that was recouped.

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

___mvt__  __owt___  __kan ___  DENY APPLICATION

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

INDEX

CASE ID	AR2000037092	
SUFFIX		
RECON		
DATE BOARDED	2000/06/15	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  297	128.1400/srb	
2.  293	128.1000/cancel debt	
3.		
4.		
5.		
6.